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cc 2025 AR 05/27 agreement with specialty mowing for weed abatement services

Vista City Council
May 27, 2025

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cc 2025 AR 05/27 agreement with specialty mowing for weed abatement services
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May 27, 2025
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Vista City Council
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ACTION:
____________________________

Clerk/Secretary
Department: Public Works Item No: C4
Prepared by: Sergio Sauceda, Management Analyst Meeting Date: May 27, 2025 Approved by:

Chris Arce, Public Works Director
John Conley, City Manager Agenda Location: Consent Calendar S
UBJECT: AGREEMENT WITH SPECIALTY MOWING SERVICES, INC. FOR WEED ABATEMENT

AND FIRE FUEL REDUCTION SERVICES
RE
COMMENDATION: Adopt City Council Resolution No. 2025- , approving an agreement with Specialty Mowing Services, Inc. for weed abatement and fire fuel reduction services.

CO
UNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.

P
RIOR ACTION: On June 23, 2020, adopted City Council Resolution No. 2020-109, approving an agreement with Aztec Landscaping, Inc. for weed abatement and waste removal services (Vote: 5- 0).

O
n June 23, 2015, adopted City Council Resolution No. 2015-123, approving an agreement with Aztec Landscaping, Inc. for weed abatement and waste removal services (Vote: 4-0, Aguilera absent).

S
TATEMENT ON THE SUBJECT: The Public Works Department requires the services of a qualified contractor to perform weed abatement and fire fuel reduction services throughout the City. For Public Works, the removal of weeds, overgrown vegetation and miscellaneous trash is necessary along sewer and drainage easements to maintain access for street and wastewater crews. Park maintenance staff utilize these services along slopes, medians and in various open space areas of the City to perform fire fuel abatement. Additionally, the Fire Department requires weed abatement services for fire fuel reduction purposes on private properties that have been deemed a public nuisance.

On A
pril 9, 2025, a Request for Bids (RFB) for weed abatement and fire fuel reduction services was issued. Staff advertised this RFB on the City’s procurement website and online procurement portal, OpenGov. On April 30, 2025, the following bids were received:

C
ontractor Name Total Price of Base Items
Specialty Mowing Services, Inc. (Fallbrook, CA) $24,450 Aztec Landscaping, Inc. (Lemon Grove, CA) $38,885
A
t bid opening, Specialty Mowing Services, Inc., was determined to be the apparent low bidder. Following review of the bid package, staff recommend that Specialty Mowing Services, Inc. (Specialty Mowing), be accepted as the lowest responsible and responsive bidder.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
05/27/2025
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MEETING DATE: MAY 27, 2025 PAGE 2
SUBJECT: AGREEMENT WITH SPECIALTY MOWING SERVICES, INC. FOR WEED ABATEMENT

AND FIRE FUEL REDUCTION SERVICES
The agr
eement is proposed for a period of twenty-four months beginning July 1, 2025, through June 30, 2027. Thereafter, the agreement may be renewed under the authority of the City Manager for 3 additional 12-month extensions, for a possible maximum term of five years, subject to an annual Consumer Price Index increase.

F
ISCAL IMPACT: The agreement with Specialty Mowing has a cumulative contract ceiling of $1,550,000.

Funding is available in the Fiscal Year 2025/26 Operating Budget in the following accounts:

A
ccount Name Account No. Amount Budgeted
Stormwater Maintenance Service Contract 5010470.521040.00242 $49,200 Stormwater Maintenance Service Contract 5010470.521040.00260 $22,200 Park Maintenance Service Contract 0010525.521040.00242 $80,000 Sewer Maintenance Service Contract 5010460.521040.00242 $73,705 Buena Sanitation Dist. Maint. Service Contract 5040480.521040.00242 $45,387 Fire Prevention Service Contract 0010270.521040 $35,000 T OTAL $305,492
Fundi
ng for subsequent years will be included in yearly budget preparations.

EXHIBITS:

1. City Council Resolution No. 2025- , approving an agreement with Specialty Mowing Services, Inc. for weed abatement and fire fuel reduction services

2. Agreement with Specialty Mowing Services, Inc., for weed abatement and fire fuel reduction services 05/27/2025
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00029213 7
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING AN AGREEMENT WITH SPECIALTY MOWING SERVICES, INC. FOR WEED ABATEMENT AND FIRE FUEL

REDUCTION SERVICES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City of Vista is authorized to contract for services under Chapter 3.08 of the Vista Municipal Code.

B. The City requires assistance with weed abatement and fire fuel reduction services.

C. The bid received from Specialty Mowing Services, Inc. was determined to be the lowest responsible bid.

D. Specialty Mowing Services, Inc. has the required expertise and experience to preform weed abatement and fire fuel reduction services in the City of Vista.

2. Action.

A. The agreement between the City of Vista and Specialty Mowing Services, Inc. for weed abatement and fire reduction services is approved and the Mayor is authorized to sign the amendment on behalf of the City of Vista.

B. The City Manager is authorized to execute all amendments extending the term of the agreement and price increases up to the Consumer Price Index as authorized by the agreement.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 27, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20250513144121
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
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CONTRACT FOR SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Yale Jeffery
Billing Contact: Kassandra Santacruz
The “Contractor”
Specialty Mowing Services, Inc., a
California corporation
2910 Rainbow Glen Rd.

Fallbrook, CA 92028
Contact: Martti Silvola

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in City’s Request for Proposals (“Exhibit A”).

2.2 Contractor desires to enter into this “Contract” with City for the Services.

2.3 The “Project” for which the Services are required is described in Exhibit A.

2.4 Contractor has submitted to City a Proposal to perform the Services dated April 29, 2025 (“Exhibit B”).

2.5 The “Contract Ceiling Price” is $1,550,000.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of July 1, 2025.

3.2 This Contract shall be in effect for 24 calendar months (“Term”). The Term may be extended at the City’s option for an additional 36 calendar months, in increments of City’s choice, for a maximum Term of 60 calendar months from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:
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EXHIBIT 2
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Labor Law Compliance Form (This Contract may require the payment of prevailing wages.)

5.0 SCOPE
Contractor shall perform all Services including, labor, materials, software, supplies, reports, and documents for as may be required from time to time, in accordance with Exhibit A. The Services shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary to carry out the Contract in good faith, shall be performed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

6.0 COMPENSATION

6.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed. For any contract extensions awarded pursuant to Section 3.2, the City may approve, upon contractor’s written request, and increase in the contract pricing set forth in Exhibit B in the amount of the increase in the Consumer Price index, San Diego Area, for All Urban Customers (CPI-U) as published by the Bureau of Labor Statistics during the preceding year, or 3%, whichever is less.

6.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

6.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

6.3.1 The changes, additions, and deductions to be made.

6.3.2 The increase or decrease in compensation due the Contractor, if any.

6.3.3 Adjustment in the time of completion, if any.

6.4 Contract Ceiling Price

6.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.

6.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded. 05/27/2025
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6.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

7.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any of these documents: Documents required under Exhibits A–E.

8.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit B.

9.0 ASSISTANCE BY CITY
All information, data, records, reports and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.

10.0 STANDARD OF PERFORMANCE

10.1 Contractor represents and warrants that it has the training, qualifications, experience and facilities necessary to properly perform the Services required under this Contract in a thorough, competent and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

10.2 Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

11.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

11.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City 05/27/2025
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staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

11.2 Contractor represents and warrants that all design professional services, if any, shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.

11.3 Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

11.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents and subcontractors that are included in this Contract.

11.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

11.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this Contract. This is a continuing obligation that survives the termination of this Contract.

12.0 CIVIL RIGHTS

12.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

12.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

12.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

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discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

12.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

12.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

12.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

13.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

14.0 ASSIGNMENT AND SUBCONTRACTING

14.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

14.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this 05/27/2025
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Contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

15.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.

16.0 FINANCIAL RECORDS

16.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

16.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its Representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

17.0 OWNERSHIP OF DOCUMENTS

17.1 Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, computer code, and detailed calculations developed under this contract, are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby assigns, waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services. If Contractor is providing copyrighted, proprietary materials in the performance of the Services, then the intellectual property provisions of Exhibit B shall prevail over the provisions of this section.
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17.2 Contractor represents that it has secured all necessary licenses, consents, or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the work product produced under this Contract, and that City has full legal title to and the right to reproduce such materials. The Contractor covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that they are violating or have violated any federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices or processes used on or incorporated in the services and materials produced under this Contract. In case such materials, equipment, devices or processes are held to constitute an infringement and their use is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the materials by suspension of any injunction or by procuring a license or licenses for the City; or (b) modify the materials so that they become non-infringing.

18.0 CONFIDENTIALITY

18.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

18.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City, obtained from City, or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

19.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

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20.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

21.0 INDEMNIFICATION

21.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, “Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by Indemnitees’ sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees’ active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees’ active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

21.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.

22.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

23.0 SERVICE OF NOTICE

23.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

23.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

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24.0 LABOR LAW COMPLIANCE
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

25.0 SURVIVAL OF COVENANTS
Contractor’s obligations under Sections 17, 18 and 21 shall survive the termination of this Contract.

26.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

27.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

28.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

29.0 PREVAILING WAGES

29.1 Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774–1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.

29.2 No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish 05/27/2025
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electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

30.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

31.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

[Continued on page 11.]

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00080446 2 11 of 11 Specialty Mowing Services, Inc.

City Services - Non-Construction - RFP –Prevailing Wages 4929-7340-0127, v. 2

32.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:
“Contractor”

Specialty Mowing Services, Inc. , a
California corporation

By:

Name/Title

By:

Name/Title

APPROVED
Amanda L. Guy
20250505094944

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00080446 2 Exhibit A
4929-7340-0127, v. 2

EXHIBIT A

REQUEST FOR PROPOSALS

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REQUEST FOR BIDS (RFB)

NON-PROFESSIONAL SERVICES FOR WEED ABATEMENT & FIRE FUEL

REDUCTION SERVICES

THE CITY OF VISTA

RFB ISSUE DATE: April 09, 2025
RESPONSE DUE: April 30, 2025; 12:00 PM

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REQUEST FOR BIDS
For Non-Professional Services

The City of Vista is requesting written bids from qualified Bidders for the furnishing of as-needed Weed Abatement and Waste Removal Services in accordance with the requirements and specifications of this Request for Bids (RFB). This will be a two-year contract with three 1-year extensions for a possible total contract term of 5 years.

I. SCOPE OF SERVICES

The City is seeking a qualified vendor to provide the following as-needed non-professional services:

1. Weed Abatement Services
 Mowing and clearing vegetation on parcels as specified in the bid schedule.  Maintaining compliance with fire code regulations regarding defensible space and overgrown vegetation removal.

2. Fire Fuel Reduction Services
 Clearing fire-prone vegetation, including removal of dead or dry brush, tree limbs, and debris.
 Removal of palm fronds, overhanging tree limbs, and ladder fuels that may contribute to fire spread.

3. Waste & Debris Removal
 Hauling away and disposing of debris, vegetation clippings, and combustible materials.  Ensuring proper waste disposal at approved facilities.

4. Equipment & Labor
 Providing skilled operators and necessary equipment, including tractors, mowers, chainsaws, boom trucks, and hand tools.
 Performing manual weed abatement, when necessary, particularly in areas inaccessible to machinery.

5. Chemical Spraying
 Spraying Pre- and Post-emergent Herbicides.
 No use of Glyphosate or Dithiopyr products (City is currently using Cheetah Pro and AXXE).
 The vendor must supply all chemicals and PPE.
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 Site to be sprayed must be posted 24 hours prior to application and remain posted for 24-hours post application.
 Applicator must be licensed or have completed annual Pesticide Handlers Training.

6. Locations
 See Attachment C for potential sites to provide service.  Upon request, the Contractor will service other City properties not listed in Attachment C.  Upon City Council approval, Contractor will provide weed abatement services for fire purposes on private proprieties that have been deemed a public nuisance.

7. Administrative
 Contractor will supply City with detailed Monthly invoices.  Ensure compliance with all applicable environmental and safety regulations.  Working hours are from 7am to 4pm.

II. BID CONTENT, SUBMITTAL AND GENERAL REQUIREMENTS

Bids must include the following elements:

1. Cover letter, not to exceed one single spaced page.

2. Description of Bidder’s qualifications, not to exceed one single spaced page.

3. Fee Schedule (electronically filled out and submitted in OpenGov). Please see Attachment ‘A’ for a description of the bid items.

4. Agreement to Comply with California Labor Law Requirements.

5. List of equipment and staffing schedule.

6. Organizational chart that identifies the staff (number/titles) dedicated to this contract and their intended responsibilities. Bidder shall establish and maintain crews that will be dedicated to this contract only, such that Bidder’s crews will not concurrently perform their duties for this contract with any other duties required under City of Vista contract.

Bid submission requirements:

To receive addenda and submit a Bid, Bidders must register a free account with the City’s Electronic Bidding System, OpenGov, at https://secure.procurenow.com/portal/cityofvista. No hard copy bids will be accepted. Once registered, Bidders must download the RFB while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a “Prospective Bidder.” Bidders that fail to download the RFB will not appear on the Electronic Prospective Bidders List and their Bid will be considered non-responsive. If a Bidder is unable to register or download the RFB from OpenGov, a Bidder representative may contact OpenGov to troubleshoot the problem.

All Bid documents must be uploaded using OpenGov prior to the Bid Submission Date as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point the Bidder will receive an email confirmation from OpenGov.
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To be considered, bids shall be submitted through OpenGov no later than 12:00 pm on April 30, 2025. OpenGov will determine the official time for the advertised bid due date and such determination will be final. Any bids not received in a timely manner on the Bid Due Date, as described above, will not be considered.

General Bid requirements:

1. Bidder, by the submission of a bid, assents to each term and condition set forth in this RFB and attached sample agreement (Attachment ‘B’) and, upon award, agrees to be bound by the terms.

2. Any Bid which is incomplete, conditional, obscure or which contains irregularities of any kind may be cause for rejection at the City’s sole discretion.

3. It is Bidder’s responsibility to ensure that all addenda issued are incorporated in their submitted bid. Failure to acknowledge and incorporate addenda may be cause for the City to reject the bid.

4. If a Bidder takes any exceptions to any part of this RFB as written or as amended by any addenda subsequently issued, it must clearly state so in writing in their submitted bid.

5. By submitting a bid, Bidder guarantees that their offered pricing is firm for ninety (90) days following the RFB Bid Due Date.

III. SUPPLEMENTARY RFB REQUIREMENTS

The following supplementary requirements apply to this RFB:

1. Vista Business License - Bidder shall have a City of Vista Business License prior to award of contract. Business licenses can be obtained at www.vistabl.com. A City of Vista Business License is not required to propose on this RFB.

2. Local Business Entity Preference - A Local Business Entity may be entitled to a bid preference as provided for in Section 3.08.040 of the Vista Municipal Code. If the lowest bid is submitted by someone other than a Local Business Entity, the Local Business Entity who submitted the lowest bid that is within five percent (5%) of the lowest bid shall be given the opportunity to become the lowest bidder by reducing its bid to match the bid of the lowest bidder. In order to be deemed the lowest bidder, the Local Business Entity must agree in writing to reduce its bid to match the bid of the lowest bidder within three (3) Working Days of the City’s request to match. Thereafter, the Contract may be awarded to that Local Business Entity if it otherwise qualifies as the Lowest Responsible Bidder.

3. Veteran-Owned Business Entity - A Veteran-Owned Business Entity may be entitled to a preference as provided for in section 3.08.020 of the Vista Municipal Code. Should the bidder who submits the lowest bid not be a Veteran-Owned Business Entity, then the lowest bid submitted by a Veteran-Owned Business Entity which is within two percent (2%) of the lowest bid may be deemed the Lowest Monetary Bidder, whether or not that bidder is the second lowest bidder, if the Veteran-Owned Business Entity agrees, in writing, to reduce its bid to match the bid of the lowest bidder within three days of the City’s request to match.

Thereafter, the Contract may be awarded to the Veteran-Owned Business Entity if it otherwise qualifies as the Lowest Responsible Bidder.

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4. Landscaping services provider and/or key personnel will hold appropriate licenses or certification for the discipline and service.

5. Liability insurance requirements set forth in the sample services agreement (Attachment B)

6. A brief description of a minimum of 3 similar weed abatement and fire fuel reduction projects completed or in progress by your firm, including references. Provide contact information for your professional references including names, current phone number and email.

IV. TERM AND PRICE

If awarded, the City will enter into one contract with the lowest responsible and responsive bidder for the RFB services, for a two-year term with three 1-year extensions for a possible total contract term of 5 years beginning on the Contract Date. The pricing shown on the Fee Schedule in OpenGov must be valid from the Contract Date throughout the term of the Agreement.

V. RFB SCHEDULE

The City’s schedule for the RFB selection process is as follows:

Milestone Deadline
City Issues RFB April 09, 2025
Deadline for questions April 17, 2025
Bids Due April 30, 2025 at 12:00 PM
Contract Award May 27, 2025 (tentative)
The City reserves the right to extend the date by which Bids are due.

VI. SELECTION CRITERIA

The City will review and verify each bid to ensure that it meets all the requirements and conditions of this RFB. The City may award a contract under this RFB to the lowest responsive and responsible bidder. If the City awards a contract, the award will be made to the lowest responsive and responsible bidder based on the total amount of the Base Bid Items listed in the Fee Schedule.

When required by the Vista Municipal Code, the lowest responsible bidder will be recommended to the City Council for contract award. The City reserves the right to reject any or all bids, to waive any informality, technical error or discrepancy in the bid, if such action is deemed advantageous to the City, and to take any and all bids under advisement for a period not to exceed ninety (90) days from and after the date of opening.

VII. RIGHT TO REJECT BIDS
The City reserves the right to reject any or all bids received as a result of this RFB and no representation is made hereby that any contract will be awarded pursuant to this RFB. The City reserves the right to extend the due date for the bid, negotiate with Bidder pursuant to the Vista Municipal Code, or cancel this RFB in part or in its entirety.

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All costs incurred in the preparation of the bid, the submission of additional information and/or any aspect of a bid prior to award of a written contract will be borne by the Bidder. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Bidder. All bids submitted to the City become the property of the City.

VIII. BID QUANTITIES

The bid quantities in this RFB and/or Fee Schedule are supplied only to give an indication of the general scope of the work. The City does not expressly or by implication agree that the actual amount of work will correspond with these figures but reserves the right to increase or decrease the amount of any unit price item by an amount up to and including fifty percent (50%) of any bid item(s), or to omit portions of bid item(s) as may be deemed necessary or expedient without a change in the unit price. Bidders shall not, at any time after the submission of a bid, make or have any claim for damages or anticipated profits or loss of profit or otherwise because of any difference between the quantity of actual work and the bid quantities described in this RFB and/or Fee Schedule.

IX. BID PROTESTS

Any bidder who submits a valid bid shall have the right to file a bid protest with the City before 5:00 p.m. on the fifth Working Day following the posting date of the Notice of Intent to Award a contract.

However, bidder shall receive an extension to this deadline if the City has not fulfilled bidder’s request for electronic copies of the bid documents or for an opportunity to inspect the bid documents at least two (2) Working Days prior to the deadline. In such cases, bidder may submit a bid protest before 5:00 p.m. on the fifth Working Day following the date on which bidder receives, or is provided an opportunity to inspect, the bid documents. Bid protests must be submitted in writing to the City of Vista, 1165 E. Taylor Street Vista, CA 92084. The time limits and requirements set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest, and failure to comply with these requirements shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. If a protest is received from anyone other than a bidder, or after the specified time period, the protest shall be invalid. The protest shall conform to the following requirements:

a) The initial protest document shall contain a complete statement of the basis for the protest. b) The protest shall refer to the specific portion, or portions, of the document that form the basis for the protest.
c) The protest shall contain the name, address, and telephone number of the person representing the protesting party.
d) The party filing the protest shall concurrently transmit a copy of the initial protest document, and any attached documentation, to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
e) The City shall issue a decision on the protest.

X. DISCLOSURE
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All bids become property of the City unless a return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirement of the Public Records Act, California Government Code Section 6250 and following. These requirements include an exemption for “trade secrets”. If any proprietary information is contained in or attached to the written bid, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a Public Records Act request, you must agree in writing to defend and indemnify the City of Vista if litigation results.

XI. LATE, MODIFIED OR WITHDRAWN BIDS

Any Bidder may modify his prior to the scheduled closing time for receipt of bids by submitting an amended bid through OpenGov. A bidder may withdraw his bid before the hour fixed for opening bids, without prejudice to himself, by cancelling their bid submission through OpenGov. After the bids have been publicly opened, they shall not be withdrawn by the Bidders for a period of at least ninety (90) calendar days.

XII. QUESTIONS ON THIS RFB

All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFB shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov. Phone call questions will not be accepted. Answers to all submitted questions will be provided in an addendum through OpenGov. Questions must be submitted prior to the deadline specified in the RFB Schedule above.

Attachments: A: Description of Bid Items
B: Sample Services Agreement
C: List of Potential Sites for Service
D: Agreement to Comply with California Labor Law Requirements

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Attachment ‘A’
Description of Bid Items

DESCRIPTION OF BID ITEMS

The below Bid Items correspond to the items listed in the OpenGov Fee Schedule.

Base Item:

Item 1: Price per parcel/unit for mowing a parcel 1 - 7,500 SF (5 Parcels)

Item 2: Price per parcel/unit for mowing a parcel 7,501 - 15,000 SF (5 Parcels)

Item 3: Price per parcel/unit for mowing a parcel 15,001 - 30,000 SF (10 Parcels)

Item 4: Price per parcel/unit for mowing a parcel 30,001 SF – 1 Acre (10 Parcels)

Item 5: Price per SF, any parcel greater than 1 acre is calculated on cost per SF basis (5 parcels of 60,000 SF each 300,000 SF total)

Extended Items:

Item 6: Hourly rate for rubber-tired tractor and operator with ¼ cubic yard bucket (5 Hours)

Item 7: Hourly rate for rubber-tired tractor and operator with flail-type or rotary cutter mower (5 Hours)

Item 8: Hourly rate for rubber-tired tractor and operator with disc (1hour)

Item 9: Hourly rate for track-type tractor and operator with dozer blade or disk (4 hours)

Item 10: Hourly rate for 5 cubic yard open bed dump truck and operator (8 hours)

Item 11: Hourly rate for chainsaw and operator (8 hours)

Item 12: Hourly rate for hand labor and tools per person (may include mower or weedwhacker) (8 hours)

Item 13: Hourly rate for boom truck and operator for fronds/limb removal (8 hours)

Item 14: Hourly rate to spray weeds with applicators (8 hours)

Note:
 Determination of the lowest bid will be based on the lowest total for base items bid.  Base item total shall prevail over extended item total and grand total prices.  For base items Price per unit will be multiplied by number of parcels to get the total for the line item
 For extended items, Price per hour will be multiplied by number of hours to get the total for the line item
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Attachment ‘B’
Sample Services Agreement

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00080446 2 1 of 11 NAMEX
City Services - Non-Construction - RFP –Prevailing Wages

CONTRACT FOR SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084

Working Contact: workingname
Billing Contact: billingname
The “Contractor”

NAMEX, statusx
Address
Address

Contact: name

2.0 BASIC TERMS

2.1 The “ Services” to be performed by Contractor are set forth in City’s Request for Proposals (“Exhibit A”).

2.2 Contractor desires to enter into this “ Contract” with City for the Services.

2.3 The “ Project” for which the Services are required is described in Exhibit A.

2.4 Contractor has submitted to City a Proposal to perform the Services dated proposaldate (“Exhibit B”).

2.5 The “ Contract Ceiling Price” is $xx,xxx per year.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for xx calendar months (“Term”). The Term may be extended at the City’s option for an additional xx months, in increments of City’s choice, for a maximum Term of xx from the Contract Date.

3.3 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:

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City Services - Non-Construction - RFP –Prevailing Wages Labor Law Compliance Form (This Contract may require the payment of prevailing wages.)

5.0 SCOPE
Contractor shall perform all Services including, labor, materials, software, supplies, reports, and documents for as may be required from time to time, in accordance with Exhibit A. The Services shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary to carry out the Contract in good faith, shall be performed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

6.0 COMPENSATION

6.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

6.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

6.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

6.3.1 The changes, additions, and deductions to be made.

6.3.2 The increase or decrease in compensation due the Contractor, if any.

6.3.3 Adjustment in the time of completion, if any.

6.4 Contract Ceiling Price

6.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.

6.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

6.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

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7.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any of these documents: Documents required under Exhibits A–E.

8.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit B.

9.0 ASSISTANCE BY CITY
All information, data, records, reports and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records reports, and maps be inaccurate, incomplete or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.

10.0 STANDARD OF PERFORMANCE

10.1 Contractor represents and warrants that it has the training, qualifications, experience and facilities necessary to properly perform the Services required under this Contract in a thorough, competent and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

10.2 Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

11.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

11.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

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11.2 Contractor represents and warrants that all design professional services, if any, shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.

11.3 Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

11.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents and subcontractors that are included in this Contract.

11.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

11.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this Contract. This is a continuing obligation that survives the termination of this Contract.

12.0 CIVIL RIGHTS

12.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

12.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

12.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

12.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

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12.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

12.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

12.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

13.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

14.0 ASSIGNMENT AND SUBCONTRACTING

14.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

14.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this Contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any 05/27/2025
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00080446 2 6 of 11 NAMEX
City Services - Non-Construction - RFP –Prevailing Wages subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee.

15.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.

16.0 FINANCIAL RECORDS

16.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

16.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its Representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

17.0 OWNERSHIP OF DOCUMENTS

17.1 Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, computer code, and detailed calculations developed under this contract, are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby assigns, waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services. If Contractor is providing copyrighted, proprietary materials in the performance of the Services, then the intellectual property provisions of Exhibit B shall prevail over the provisions of this section.

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00080446 2 7 of 11 NAMEX
City Services - Non-Construction - RFP –Prevailing Wages in the rendering of services and the production of the work product produced under this Contract, and that City has full legal title to and the right to reproduce such materials. The Contractor covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that they are violating or have violated any federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices or processes used on or incorporated in the services and materials produced under this Contract. In case such materials, equipment, devices or processes are held to constitute an infringement and their use is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the materials by suspension of any injunction or by procuring a license or licenses for the City; or (b) modify the materials so that they become non-infringing.

18.0 CONFIDENTIALITY

18.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

18.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City, obtained from City, or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

19.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

20.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For 05/27/2025
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City Services - Non-Construction - RFP –Prevailing Wages purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

21.0 INDEMNIFICATION

21.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, “Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by Indemnitees’ sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees’ active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees’ active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

21.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.

22.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

23.0 SERVICE OF NOTICE

23.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

23.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

24.0 LABOR LAW COMPLIANCE
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
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00080446 2 9 of 11 NAMEX
City Services - Non-Construction - RFP –Prevailing Wages insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

25.0 SURVIVAL OF COVENANTS
Contractor’s obligations under Sections 17, 18 and 21 shall survive the termination of this Contract.

26.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

27.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

28.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

29.0 PREVAILING WAGES

29.1 Pursuant to Section 1781 of the Labor Code, Contractor is advised that certain work contemplated in this contract may be subject to the payment of prevailing wages and all other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Contractor shall comply with all laws related to the performance of public work including, but not limited to, the employment of apprentices pursuant to Section 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815 of the Labor Code and the obligation set forth in Sections 1774–1776 of the Labor Code in regards to payment of prevailing wages and to provide the City and the Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment.

29.2 No Contractor or sub-Contractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Contractors and sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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City Services - Non-Construction - RFP –Prevailing Wages

30.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

31.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

[Continued on page 11.]

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City Services - Non-Construction - RFP –Prevailing Wages

32.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN CONLEY, CITY MANAGER
JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:
“Contractor”

NAMEX, statusx

By:

Name/Title

By:

Name/Title

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00080446 2 Exhibit A

EXHIBIT A

REQUEST FOR PROPOSALS

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00080446 2 Exhibit B

EXHIBIT B
CONTRACTOR’S PROPOSAL

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[Type text] 8/21/2019 [Type text]
8/21/2019

•

Capability Statement
Core Competencies:
• Boom Mowing/hedging of roadway shoulders and slopes by Flail, Sawing or Sickle bar • Flat or Slope Mowing of roadway shoulders, fields and basins, discing and dozer work • Mastication – Land clearing, Fire clearance, Forestry, Vegetation reduction • Right of Way Encroachment Mitigation, Access road surface maintenance and grade restoration • Remote control slope mowing up to 60 Deg. using advanced, ultra safe, risk mitigating mowers • Poison Oak reduction and management services and General Municipal Maintenance Services Equipment list: CAT257 All terrain, CAT299 All terrain, CAT309 Excavator, LV600 RC Flail, Ag tractors with boom Flails and flex wing rotary, 2000g water truck, 500g water trailer, 125g skids, Peterbilt tractor trailer.

Past Performance:
• Fresno Flood Control District / Contact: Jacob Eubanks (559) 341-0036 • Rainbow Municipal Water Dist. / Contact: Steve Coffey (760) 728-1178 • City of Encinitas Robert Tobin (760) 633-2853 • City of Laguna Hills / Contact: Sal Quinones (949) 707-2653 • City of Laguna Niguel / Contact: Erich List (949) 362-4322 • City of Buena Park / Contact: Jeff Porter (714) 580-1081 • City of Indio / Contact: Terry Cechin (760) 391-4140 • San Diego Zoo Wild Animal Park / Contact: Justin Tibbott (760) 546-8801 • Rancho California Water Dist. / Contact: Kevin Marcoux/Justin Weeks (951) 296-6900 • Metropolitan Water District Marc Snider (951) 201-6570 • South Orange County Wastewater Authority / Contact: James Jones (949) 234-5487 • KJS (Camp Pendleton) / Contact: Lucas Lilio (817) 820-0881 • Cal Trans (Dist.11) / Contact: Jeff Hawkins (858) 518-8214 Differentiators: Specialty Mowing Services, Inc. has been serving both public and private customers in California since 1977. The expierence gained in this time along with our high quality equipment gives Specialty Mowing Services, Inc. a tremendous advantage when looking for flat, slope, hedge mowing or mastication solutions. With multiple wheeled and tracked mowers/masticators, fire suppression apperatus, and the capability to deploy crews for hand work, Specialty Mowing Services, Inc. provides our clients with the flexibility to tackle any fire clearance, vegetation reduction, mowing or weed abatement project.

Company Data: Specialty Mowing Services, Inc. is a family owned business with 2 regular managing employees, 6 full time operators, 2 on call operators, seasonal labor according to work load and a service area that encompasses Southern CA and north to the Sacramento area. CSLB Lic.1045401 classes: A, B, C-27, D-49, • NAICS 561730, 115310 ~ CAGE code 8HQB8 ~ DUNS # 117439643 ~ EIN # 83-0611044 Contact Info: Martti Silvola, Company President - Cell: (760) 403-5236 / Email: [email protected] Dan Paulson, Bus. Dev. Manager - Cell: (951) 318-5562

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Base Items
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Price per parcel/unit for mowing a parcel 1 - 7,500 SF 5 Parcel $300.00 $1,500.00 2 Price per parcel/unit for mowing a parcel 7,501 - 15,000 SF 5 Parcel $450.00 $2,250.00 3 Price per parcel/unit for mowing a parcel 15,001 - 30,000 SF 10 Parcel $600.00 $6,000.00 4 Price per parcel/unit for mowing a parcel 30,001 SF – 1 Acre 10 Parcel $870.00 $8,700.00 5 Price per SF, any parcel greater than 1 acre is calculated on cost per SF basis (5 parcels of 60,000 SF each 300,000 SF total) 300000 Square Feet $.02 $6,000.00 Total $24,450.00
Extended Items
Line Item Description Quantity Unit of Measure Unit Cost Total 6 Hourly rate for rubber-tired tractor and operator with ¼ cubic yard bucket 5 Hours $150.00 $750.00 7 Hourly rate for rubber-tired tractor and operator with flail-type or rotary cutter mower 5 Hours $200.00 $1,000.00 8 Hourly rate for rubber-tired tractor and operator with disc 1 Hours $200.00 $200.00 9 Hourly rate for track-type tractor and operator with dozer blade or disk 4 Hours $200.00 $800.00 10 Hourly rate for 5 cubic yard open bed dump truck and operator 8 Hours $150.00 $1,200.00 11 Hourly rate for chainsaw and operator 8 Hours $75.00 $600.00 12 Hourly rate for hand labor and tools per person (may include mower or weedwhacker) 8 Hours $75.00 $600.00 13 Hourly rate for boom truck and operator for fronds/limb removal 8 Hours $150.00 $1,200.00 14 Hourly rate to spray weeds with applicators 8 Hours $150.00 $1,200.00 Total $7,550.00
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00080446 2 Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 05/27/2025
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00080446 2 Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 05/27/2025
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00080446 2 Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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00080446 2 Exhibit D

EXHIBIT D

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code §§ 1720, 1771.1, 1725.5, 1773.3, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:

1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor of any tier may be awarded a contract for public work on a public works project without proof of registration 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.

2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.

3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.

4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.

5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8. Registrations under Section 1725.5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.

9. Contractor shall provide to City, as a condition precedent to the payment of Contractor’s final retention, a complete list of all subcontractors who have worked on the Project, including their registration numbers. This list must be provided at least 30days prior to the payment of the final retention and shall be submitted under penalty of perjury.
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00080446 2 Exhibit D

10. To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability, excluding penalties assessed against City under Labor Code Section 1773.3, but including, without limitation, associated investigation and administrative expenses, defense costs, reasonable attorneys' fees, expert witness fees, court costs, and costs of alternative dispute resolution, resulting from Contractor’s failure to comply with the provisions of this section and of Article 2, Chapter 1, Part 7, Division 2 of the California Labor Code with respect to Contractor, all subcontractors of any tier, and their respective employees working under this Contract.

11. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature Date
Name/Title Company:
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00080446 2 Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

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10 4927-6252-4466, v. 1
Attachment ‘C’
List of Potential Sites for Service

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Avenida De La Plaza
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 50 feet

Print Date: 0 30 6015
ft
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Countryside Drive
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 200 feet

Print Date: 0 130 26065
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Court House
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 100 feet

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Cypress Basin
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 100 feet

Print Date: 0 60 12030
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Dawson
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 100 feet

Print Date: 0 60 12030
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Green Oak
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 400 feet

Print Date: 0 260 520130
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Lupine Hills Yard
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 100 feet
Print Date: 0 60 12030
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Mountain Pass
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 200 feet

Print Date: 0 130 26065
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Opal Ridge & Jewell Ridge
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 200 feet
Print Date: 0 130 26065
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Senior Center
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 100 feet

Print Date: 0 60 12030
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Sports Park
June 7, 2022
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 200 feet

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11 4927-6252-4466, v. 1
Attachment ‘D’
Agreement to Comply with California Labor Law
Requirements

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00019596 3

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code §§ 1720, 1771.1, 1725.5, 1773.3, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:

1. No contractor or subcontractor may be listed on a bid propos al for a public works project unless registered 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 of any tier may be awarded a contract for publ ic work on a public works project without proof of registration with the Department of Industrial Relatio ns pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

2. Contractor acknowledges that t his contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.

3. Contractor agrees to comply with the provisions of Californi a Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.

4. Contractor agrees to comply with the provisions of Californi a Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfei t not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.

5. Contractor agrees to comply with the provisions of Californi a Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Contractor agrees to comply with the provisions of Californi a Labor Code Section 1777.5 concerning the employment of apprentices on public works projec ts, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Contractor agrees to comply with the provisions of Californi a Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor sha ll, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worke r is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8. Registrations under Section 1725.5 expire annually at the en d of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be ca use for any extension of time or additional compensation of any nature under the Contract.

9. Contractor shall provide to C ity, as a condition precedent t o the payment of Contractor’s final retention, a complete list of all subcontractors who have worked on the Project, including their registration numbers. This list must be provided at least 30days prior to the payment of the final retention and shall be submitted under penalty of perjury.

10. To the fullest extent permitt ed by law and without limitation by the other provisions of this Co ntract
relating to indemnification and insurance, Contractor shall als o indemnify, defend and hold harmless City, 05/27/2025
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00019596 3
and its directors, officers, employees and agents from and against all liability, excluding penalties assessed against City under Labor Code Section 1773.3, but including, wi thout limitation, associated investigation and administrative expenses, defense costs, reasonable attorneys' fees, expert witness fees, court costs, and costs of alternative dispute resolution, resulting from Contractor’s failure to comply with the provisions of this section and of Article 2 , Chapter 1, Part 7, Division 2 of the California Labor Code with respect to Contractor, all subcontractors of any tier, and their respective employees working under this Contract.

11. California Labor Code Sections 1860 and 3700 provide that e very contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such p rovisions before commencing the performance of the work of this contract.”
Signature D a t e
N a m e / T i t l e C o m p a n y :

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00080446 2 Exhibit B
4929-7340-0127, v. 2

EXHIBIT B
CONTRACTOR’S PROPOSAL

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00080446 2 Exhibit C, Page 1 of 3
4929-7340-0127, v. 2

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 05/27/2025
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00080446 2 Exhibit C, Page 2 of 3
4929-7340-0127, v. 2
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 05/27/2025
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00080446 2 Exhibit C, Page 3 of 3
4929-7340-0127, v. 2
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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00080446 2 Exhibit E
4929-7340-0127, v. 2

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

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