Yorba Linda City Council
December 20, 2022

A W A R D O F C O N T R A C T F O R T H E C A L F I R E G R A N T F U N D E D Y O R B A

L I N D A F U E L R E D U C T I O N P R O J E C T T O S A G E E N V I R O N M E N T A L

G R O U P
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tree environmental consultant who also works within the perimeters of OCFA guidelines and Department of Fish and Wildlife when and where appropriate.

Prior to the release of bid, the City Council during the June 7, 2022 meeting, awarded a Professional Services Agreement for project management, grant management and consulting services to Michael Baker Int., for the Cal Fire – Fire Prevention Grant, including overseeing the Fuel Reduction contractor.

On December 7, 2021 the City Council adopted Resolution No. 2021- 5769, approving the submission of the City’s application for the California Climate Investment Fire Prevention Grant Program Funding; and appropriating grant reimbursable funds in the total amount of $866,610.00 (which includes the to be awarded $524,610 for the fuel reduction treatment) to the CIP Fund and Miscellaneous Grant Fund; and appointed the City Manager or designee to act as authorized agent for the Yorba Linda Fuel Reduction Project.

DISCUSSION
The project performance period is to be completed by March 15, 2025, with an option of extending through March 2026 should there be a need. As a requirement of the Cal Fire Grant, the City will be implementing an integrated fuel reduction project in seven strategic sites within the City for the purpose of reducing the risk of wildfire to State Responsibility Areas (SRA), i.e., Chino Hills State Park. The integrated project includes goat grazing, hand crews, and mechanical abatement depending on slope, accessibility, and density. An estimated 78 acres based on surface area will be treated. Once integrated fuel reduction work is awarded, it is expected that the consultant will manage the contract moving forward and inspect the sites to ensure that the fuel reduction contractor adheres to the timeline and treatment plan outlined in the grant scope of work. Sage intends to start mobilizing in early 2023.

The target sites contain some of the heaviest areas of fine fuels and non-native trees and are adjacent to SRA lands. In addition, these areas are in close proximity to residential neighborhoods, high intensity power lines, water facilities, and community facilities including schools, parks, and churches. The fuel biomass in these areas contributes to increased fuel load and fire frequency. By prioritizing (within the grant fund allowance) these areas for removal of hazardous fuels, a reduction in the frequency and intensity of wildfires will be realized along with a reduction in GHG emissions.

FISCAL IMPACT
The City has received the Grant Agreement (5GG20162) from the State of California CAL FIRE Program. The total amount of the grant is $866,610.00. Within this amount the Fuel Reduction Treatment portion allocated is $524,610. Expenses will be charged to the C.I.P. project account LI221007 – reimbursable by the grant. The proposed contract amount is fully budgeted within the project budget; however, sufficient funding is not currently programmed for potential continency expenditures. As such, staff is requesting that Council approve an increase to the project budget in an amount of $78,692, for a new total potential

A W A R D O F C O N T R A C T F O R T H E C A L F I R E G R A N T F U N D E D Y O R B A

L I N D A F U E L R E D U C T I O N P R O J E C T T O S A G E E N V I R O N M E N T A L

G R O U P
P a g e | 3
Project LI221007 budget of $945,302. Any unanticipated work authorized by the City via contract amendment will utilize budgeted funds from operating account 1010330-432600 (Public Works Weed Abatement) and the account 2010350-432950 within the Landscape Maintenance Assessment District (LMAD) Local Landscape Zones (Local Landscape Zones L-1C, L-2G and L-2V). The projected proportion for the project budget increase will be seventy-five percent Public Works Weed Abatement account and twenty-five percent LMAD Zones; however, actual expenditures will be allocated based upon the area in which contingency services are rendered.

ALTERNATIVES
Re-bid this portion of the of grant scope. By doing so would delay the project(s), risk meeting environmental/biological windows of opportunity to complete certain treatments as well as potentially missing grant deadlines.

ATTACHMENTS
Attachment 1– Sage Environmental Group Bid Package
Attachment 2– Contract Services Agreement

November 16, 2022
HAND DELIVERED
City of Yorba Linda
Attention: Jesse Gutierrez
4845 Casa Loma Avenue
Yorba Linda, CA 92888
Subject:   Proposal, Bid Bond and Qualifications, RFB Yorba Linda Fuel Reduction Project Yorba Linda, Orange County, California
Sage Environmental Group (Sage), a licensed C‐27 landscape contractor, herbicide applicator, and environmental consultant that specializes in fuel reduction and habitat restoration, is pleased to submit its proposal, bid pricing, bid bond and team qualifications to the City of Yorba Linda (City) for the above‐ referenced project. Sage is a woman‐owned small business with its headquarters in Orange County.

We understand that the City is in a CALFIRE‐designated hot zone, has experienced multiple large wildfires over the past decades and has a strong commitment to protecting its citizens and wildlands from future potential fires. The City’s primary objective is to reduce fire hazards by controlling and managing wildland fuel, creating defensible space, removing large trees, protecting open space/conservation areas, and promoting habitat restoration by suppressing non‐native plants and grasses.

We have reviewed the bid documents, scope of work, maps, and OCFA guidelines provided. We acknowledge receipt of Addendum 1. Based on our participation in the pre‐bid job conference conducted by the City, these sites are currently support non‐native grass and invasive species, and large trees and shrubs.

Sage has the experience, staff, and commitment to be a strong partner to the City in the implementation of CALFIRE Grant #5GG20162 activities to reduce the potential of wildfire in wildland/urban interfaces and to protect nearby conservation areas in the Chino Hills State Park.

We have provided fire fuel reduction and vegetation management services to numerous clients throughout Southern California including fire departments, municipalities, conservancies, homeowners’ associations, and commercial companies. Sage works closely with the designated fire inspector to achieve compliance for site‐specific goals while adhering to CALFIRE, OCFA and owner/agency guidelines and requirements.

We are currently implementing a multi‐year fuel reduction and grazing contract involving 200+ acres within wildland/urban interface and open space (a CALFIRE‐designated hot zone) in nearby Anaheim Hills on behalf of Anaheim Fire & Rescue where two major fires occurred in 2017. We also provide weed abatement services, including goat grazing, as an extension of our previous multi‐year contract to the City of Laguna Niguel for 70+ acres of City‐managed parks and open space. Further, since 2018, we have provided goat grazing year‐round in wildlands within and surrounding the 1,500‐acre Rose Hills Memorial Park in Whittier on a multi‐year contract.

Sage will serve as the prime contractor on this project with a supervisor solely dedicated to the Yorba Linda Fuel Reduction Project contract and not shared with any other contracts. Our approach to fuel reduction is fourfold: prescribed grazing as the primary method, followed by mechanical, hand removal/mowing/ raking; and lastly, herbicide application (where feasible and optional).

Attachment 1
Sage Environmental Group Bid
Package

City of Yorba Linda

We have partnered with JTS, Inc., a highly qualified tree removal service, to serve as subcontractor for the removal, chipping, and disposal of large trees. JTS, Inc. holds license CSLB #766025 as a C‐61/D49 Tree Service Contractor. JTS, Inc. has the expertise, heavy equipment, and crew to manage this portion of the contract. JTS, Inc. recently received an Exceptional Performance Evaluation for its work on the McKinney Fire on behalf of the US Forest Service.

Large Tree Removal. This work will be performed according to the city’s requirements and CALFIRE/OCFA guidelines provided in the RFB and Addendum 1. We anticipate completion of large tree removal within the first year of the contract. All tree removals will comply with CALFIRE standards for removal to include being at least 10” in DBH and taller than 20 ft. Tree removal activities will utilize heavy equipment, hand equipment and herbicide application, as needed.

Our approach will involve chipping to 1” plus and spreading onsite with prior City approval. The woody biomass will not exceed 3” in depth or be spread within 100 ft. of structures. It will be sorted and spread in areas approved by the City. Overall, chipping will reduce overall labor costs and result in a 25% reduction in emissions for travel to and from the green disposal facility.

Trees removed that are infested with ISHB will be chipped to 1” minus and left onsite or treated at a composting facility in compliance with ISHB Best Management Practices. ISHB‐infested trees will be hauled to a landfill at no additional cost to the City in the event they are not accepted at a green waste facility.

Goat Grazing and Herd Management
Sage will comply with the City’s requirements for herd management as clarified in Addendum 1 Section

6.15.1. Handlers/herdsmen, including field supervisors, will be on site and monitoring the herd and guardian dogs from 7:00 am to 3:30 pm daily. Handlers/herdsmen will monitor the herd while the animals are actively grazing within the paddocks during daylight hours. They will be present daily to resupply water, provide supplemental feed, to clean pens and monitor animal health. The handlers/herdsmen will be always present within the city limits (daylight hours) during active animal vegetation management operations. Sage will set up a secure herd pen enclosure and equipment/supplies pen at each site (four‐ sided, 8 ft high chain link), then move the pens to new the grazing sites as needed. With approval by the City, animals will be contained in the padlocked pen nightly during non‐active vegetation operations and released in the morning. Guardian dogs will remain with the goats, within the electrical fencing, to protect against predators.

The project sites are ideal for prescribed goat grazing to meet long‐term land management goals for fire fuel load reduction and habitat restoration. Mechanical methods may be utilized, as needed, for areas not treated via grazing. Well managed targeted grazing results in suppression of non‐native weeds species, allowing native perennial and annual cover canopy establishment.

For the grazing activities, Sage will supply and manage approximately 100 (minimum) to 150 (maximum) head of goats (Boer and Spanish breed) to perform prescribed grazing. Along with the goats, one or two pair of livestock guardian dogs will be used to protect the goats. Sage will supply all other equipment and support personnel to graze the proposed sites.  We understand that Sage will conduct all required site

City of Yorba Linda

preparation to consist of removal of noxious weeds and setting of paddock fences. The estimated grazing schedule for each site will be determined by fuel loads and annual rainfall.

Based on our understanding of the RFB, the City will work with Sage to determine the areas of sites that are best suited for grazing, hand clearing, or mowing. Once the areas are approved, Sage will provide a detailed management methodology plan and schedule for mobilization, operation, and demobilization, which shall be submitted to, and be approved by, the City Representative (CR).

Grazing and Brush Clearance Approach. Our approach to each of the designated sites is included in Table 1 ‐ Grazing and Brush Clearance in the attached Qualifications and Approach section. Sage would be available to provide for reworking of areas to accommodate the seasonal weather and the resulting regrowth for a middle summer to middle fall grazing between August 1 and October 31 as defined in each methodology plan.

Coordination with OCFA, CALFIRE, and City Consultant. The Sage team will work with designated OCFA and CALFIRE staff, in coordination with the City Representative, to adhere to guidelines and fuel modification goals. We understand grazing area management may include overseeding of native low growing grasses and forbes as provided by the City and/or City‐designated biological monitor. We are excited to assist in the implementation and monitoring of the long‐term goal of habitat restoration, upon request. We have observed that goats working in coastal sage scrub increases the quality of that habitat area. We welcome some monitoring by the city consultant to further document those results. We understand that Michael Baker Inc. will provide biological monitoring during contract implementation to address nesting birds potentially present and habitat restoration.

Compliance with Guidelines. Implementation of the scope of work will be conducted in compliance with the updated OCFA Guideline C‐05 provided in Addendum 1 issued by the City.  “Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program (Draft).”
Damage control and erosion control are high priority concerns of the City. Grazing is monitored to prevent overgrazing/over trampling. To prevent overgrazing, particularly in areas containing native or mixed native vegetation, Sage staff will coordinate with the City to identify important resources that should be avoided or where grazing should be minimized. Generally, no grazing is conducted within riparian habitat areas, as these contain high value resources and are not generally fire prone.  Coastal sage scrub, native grasslands, and native trees areas are high value resources and are lightly grazed/thinned or avoided to ensure resource protection. In Area 2 and Area 7, tree removal impacts will be minimized by chipping and mulching onsite to a depth of 3 inches.

If required, the City will be responsible for notification of residents adjacent to grazing areas that live animals will be present during the duration of weed removal activities. Further, the City will work with Sage to determine the best routes and entry points for delivery of the animals and the set‐up of holding pens.

Public Outreach:  Upon request, Sage is prepared to provide an opportunity for the public and media to interface with some of our yearlings as a scheduled event.  We have provided this service for Yorba Linda in 2021 and multiple other entities.

City of Yorba Linda

Pricing:  Our pricing proposal/budget is submitted in a separately enclosed envelope.

Assumptions: The City will provide a nearby clean potable water point of connection for each grazing site, realistic points for site access for crew access to install/tear down low‐impediment mesh fencing; and realistic trailer access point to load/unload animals (gooseneck), turn‐arounds, plus ample parking.

Point of Contact: Alissa Cope will serve as the primary contact on this contract. Carson Helton will serve as the emergency contact and provide all oversight and management of field operations.

Please feel free to contact us directly with any questions.  Thank you again for considering our proposal in your long‐term fuel reduction and weed management toolbox.

Respectfully,
SAGE ENVIRONMENTAL GROUP
Alissa Cope
Principal
24040 Camino del Avion, #A77
Monarch Beach, CA 92629
(949) 243‐2282 cell
[email protected]
Carson Helton
Director of Habitat Restoration
24040 Camino del Avion, #A77
Monarch Beach, CA 92629
(949) 444‐9014 cell
[email protected]

INSERT REQUIRED FORMS AND BID BOND (NOTARIZED) HERE
Addendum 1 acknowledgement
Pricing in separate document

1 APPROACH ‐ Grazing and Brush Clearance Areas
Work will be conducted in the areas indicated below as provided by the City and in Blue as provided by SAGE.

Table 1
SITE ONE: 14.97 ACRES
Description of Work  Site clearing activities for non‐native forbs and grasses, and crown reduction efforts for existing trees. Any non‐native, host  trees for ISHB will be fully removed.

Access  Difficult: Steep slopes
NOTE: Site is not accessible to tracked machinery, nor is it  possible using motor driven mowers; no driven in equipment  can get access up into its wall faces or steep hill cuts. This is a  selective climbing route area only.

Type of Work  Animal Grazing.

Maintenance on  2nd  and  3rd  year  for  retaining achieved density reduction and flashy fuel removal: Controlled Animal Grazing Scope of Work:

Animal Grazing to be conducted in Year 2 and Year 3 when material is palatable (March – August).

Area 1 has limited shrub/tree material present. To meet OCFA standards, we anticipate vertical separation can be achieved using grazing.  Horizontal spacing may require limited hand removals.

SITE TWO: 9.79 ACRES
Description of Work  • Establishing 50% shaded fuel break (specific tree locations to  be provided at NTP)
• Trimming of all substantial plants
• Removal of all flash fuel identified as invasive, non‐native plants Access  Difficult: Dense vegetation and avoidance of jurisdictional water features required

2 Type of Work  Integrated Hand Clearing, Mechanical Masticating, Herbicide Application, Tree Removals.

Controlled Animal Grazing to aid in understory thinning and remove flashy fuels.

Maintenance on 2nd   & 3rd year: Integrated treatment with controlled Animal Grazing Manual, and Mechanical.

Scope of Work:

Year 1: Work effort will consist of removal of 375 trees and onsite mulching to 3‐inches consistent with RFB Addendum 1 and OCFA standards.  Herbicide will be applied to cambium layer of each tree at time of cutting to prohibit regrowth. Balance of non‐ISHB infected trees will be hauled to green waste facility.  ISHB infected trees will be hauled to sanitary landfill.

Year 2 and Year 3: Animal Grazing to commence in Year 2 post tree removals.  Grazing will occur ONLY north of Brush Canyon Drive to avoid conflict with BNSF noise affecting animals and outside of jurisdictional waters.  The 1.2+ac area between Brush Canyon Drive and BNSF line will be hand/mechanized treated.

Within the Area 2 Mixed Native and Ornamental Landscaping zone, horizontal and vertical separation will target non‐native species via grazing and/or handwork and will be monitored to meet restoration goals and required OCFA standards.

SITE THREE: 18.30 ACRES
Description of Work  • Trimming/shaping of all trees and shrubs • Removal of all flash fuel identified as invasive, non‐native plants • Removed trees and non‐native vegetation will be transported to the closest available green waste facility for sorting and chipping.  ISHB infested trees will not remain on site in any  capacity and should be hauled to a landfill in the event they are not accepted at a green waste facility.

Access  Moderate: Easy access through city gates and access roads; however, vegetation is dense throughout the native areas and steeply slopes in ornamental areas and coastal sage scrub.

3 Type of Work  Integrated Animal Grazing. Hand Clearing, Flail Mowers, Herbicide Application
Maintenance on 2nd & 3rd year: Integrated treatment with controlled Animal Grazing,  Manual, and Mechanical.

Scope of Work:

Animal Grazing to be conducted in Year 2 and Year 3 when material is palatable (March – August).

Area 3 has native scrub vegetation (coastal prickly pear/sage scrub) and willow riparian woodland.  Light grazing to treat invasive/non‐ native species within scrub zones will enhance these native habitat value, as goats consume non‐native vegetation as their preferred feed. Ingested seed is essentially non‐viable, reducing the non‐native seed bank.  Grazing in the riparian zone will be avoided. Grazing will be coordinated with biological monitor during nesting season.

To meet OCFA standards, we anticipate vertical separation can be achieved using grazing.  Horizontal spacing may require limited hand removals.

SITE FOUR: 11.23 ACRES
Description of Work  • Trimming/shaping of all trees and shrubs • Removal of all flash fuel identified as invasive, non‐native plants • Removed trees and non‐native vegetation will be transported to the closest available green waste facility for sorting and chipping. ISHB infested trees will not remain on site in any  capacity and should be hauled to a landfill in the event they are not accepted at a green waste facility.

Access  Easy: Sloped throughout but easy to traverse

4 Type of Work  Integrated Animal Grazing, Hand Clearing, Herbicide Application, Heavy Equipment.

Maintenance on 2nd & 3rd year: Integrated treatment with controlled Animal Grazing,  Manual, and Mechanical.

Scope of Work:

Animal Grazing to be conducted in Year 2 and Year 3 when material is palatable (March – August).

Goats LOVE black mustard! Grazing will focus on mustard, disturbed and ornamental zones with light grazing within sage scrub areas to treat invasive/non‐native species in the scrub zones (see Area 3 notes, above).

Grazing will be coordinated with biological monitor during nesting season.

To meet OCFA standards, we anticipate vertical separation can be achieved using grazing.  Horizontal spacing may require limited hand removals in dense native and ornamental areas.

SITE FIVE: 1.28 ACRES
Description of Work  • Trimming/shaping of all trees and shrubs • Removal of all flash fuel identified as invasive, non‐native plants • Maintain fire break between homes
• Removed trees and non‐native vegetation will be transported to the closest available green waste facility for sorting and chipping. ISHB infested trees will not remain on site in any  capacity and should be hauled to a landfill in the event they are not accepted at a green waste facility.

Access  Easy: Sloped throughout but easy to traverse
Type of Work  Hand Clearing
Maintenance on 2nd & 3rd year: Continue with like treatment.

Scope of Work:

Site 5 is only 1.28 acres with mostly disturbed areas and ornamentals.

Generally, this is too small of an area for effective grazing.

Year 1 – Year 3, we anticipate flash fuels, vertical separation, and horizontal spacing to require routine hand/mechanical treatment with care taken to avoid individual native shrubs.

5 SITE SIX: 7.01 ACRES
Description of Work  • Trimming/shaping of all trees and shrubs • Removal of all flash fuel identified as invasive, non‐native plants • Removed trees and non‐native vegetation will be transported to the closest available green waste facility for sorting and chipping. ISHB infested trees will not remain on site in any  capacity and should be hauled to a landfill in the event they are not accepted at a green waste facility.

Access  Easy: Sloped throughout but easy to traverse
Type of Work  Integrated Animal Grazing, Hand Clearing, Herbicide Application Maintenance on 2nd & 3rd year: Integrated treatment with controlled Animal Grazing,  Manual, and Mechanical.

Scope of Work:

Animal Grazing to be conducted in Year 2 and Year 3 when material is palatable (March – August).

Goats LOVE black mustard! Grazing will focus on mustard, disturbed and ornamental zones with light grazing within prickly pear scrub area to treat invasive/non‐native species in the scrub zone (see Area 3 notes, above).

Grazing will be coordinated with biological monitor during nesting season.

To meet OCFA standards, we anticipate vertical separation can be achieved using grazing.  Horizontal spacing may require limited hand removals in dense native and ornamental areas.

SITE SEVEN: 7.07 ACRES
Description of Work   Establishing 50% shaded fuel break  (specific tree locations to be provided at NTP)
 Trimming/shaping of all trees and shrubs
 Removal of all flash fuel identified as invasive, non‐native plants Access  Difficult: Dense brush and heavy flash fuels. Resides along railroad/open space.

6 Type of Work  Integrate Animal Grazing, Hand Clearing, Mowing, Tree Removals Scope of Work:

Year 1: Work effort will consist of removal of 28 trees, and mowing/mastication and hand treatment of dense brush/heavy flash fuels, onsite mulching to 3‐inches consistent with RFB Addendum 1 and OCFA standards.  Herbicide will be applied to the cambium layer of each tree/invasive shrub at time of cutting to prohibit regrowth.

ISHB infected trees will be hauled to sanitary landfill.

Year 2 and Year 3: To avoid conflict with BNSF noise affecting animals, Area 7 treatment will be limited to hand/mechanized treatment ONLY.  Mowing and handwork to maintain Year 1 site conditions will occur post rainy season annually.

7 Firm Profiles and Staff Qualifications
Sage Environmental Group. Key personnel at Sage are senior‐level environmental planners, regulatory specialists, permitted biologists, restoration ecologists, botanists, certified arborists, and Integrated Pest Management specialists. Our senior biologists hold licenses and permits from the USFWS and CDFW to handle and conduct protocol surveys for sensitive flora and fauna species.

These qualifications set Sage apart from other grazing vendors. All grazing and vegetation management operations are conducted under the supervision of qualified environmental staff.

Weed abatement/vegetation management is a core service for our company. Sage has a highly qualified team of supervisors, field directors and field crew. They have expertise in the eradication of weeds and invasive species utilizing mechanical, chemical and natural methodologies. Sage personnel regularly conduct landscape design, installation, maintenance, and monitoring. Effective invasive species management has been an integral part of our strategy and project success. Our team is familiar with the identification, removal methods, and level of significance of the invasive and exotic species likely to occur within the region. Close coordination with our clients and site maintenance crews, as well as early recognition of potential problems and rapid resolution, have helped us meet or exceed eradication goals. Weed abatement is achieved with in‐house heavy equipment operation, hand tools use and mowing. Sage provides long‐term weed abatement services to fire department, municipal, conservancy, and commercial clients.

JTS, Inc. Tree Service. Sage has partnered with JTS, Inc. (JTS), a highly qualified tree removal service, to serve as subcontractor for the removal, grinding, chipping and disposal of large trees. JTS holds license CSLB #766025 as a C‐61/D49 Tree Service Contractor. JTS is registered with the California Department of Industrial Relations #1000017779. JTS, Inc. is bonded, insured, and carries workman’s compensation.

JTS has the expertise, heavy equipment, and crew to manage this portion of the contract. JTS recently received an Exceptional Performance Evaluation for its work on the McKinney Fire on behalf of the US Forest Service.

Over the past has 22 years JTS has worked on military bases, along highways for Caltrans, in creeks and rivers, as well as national and state forests. All these locations were considered biologically sensitive with significant bio‐oversight. Its equipment is critical to the total impact of a site. JTS has the biggest equipment in the industry because it is felt that its use decreases site impact. Bigger equipment gives JTS more options to control the trees path and the processing. Nearly all work is performed mechanically.

JTS fire prevention services include lifting canopies, tree and deadwood removal, and mastication/mowing thus creating a buffer between vegetation and structures in wildland/urban interface area. Tree control protects canopies, reduces area of disturbance, and decreases duration of a project. It also reduces the number of times equipment goes into an area by picking up more, reaching farther, and moving less. This translates into fewer trips and reduced GHG emissions. These TECHNICAL EXPERTISE
Regulatory Permitting
Clean Water/Porter Cologne Acts
USACE Section 404
CDFW Section 1602
RWQCB Section 401
Resource Agency Consultation
Environmental Record Management
Biological Resources
Endangered Species Act
USFWS Section 7
Natural Environmental Studies
Biological & Wetland Assessments
Surveys, Mapping
Mitigation, Monitoring
Crew Training
Habitat Restoration
Mitigation Plans
Landscape Design
Installation and Maintenance
Exotic Species Removal
Vegetation Management
Integrated Pest Management
Goat Grazing for Wildland
Management
Technical Experts
Environmental Planners (NEPA/CEQA)
Permitted Biologists (USFWS/CDFW)
Regulatory Specialists
Restoration Ecologist
Certified Arborist
Qualified Pesticide Applicators
Archaeologist/Paleontologist
Architectural Historian
Sage Licenses/Permits/Registrations
C‐27 Landscape Contractor #947034
California Department of Pesticide
Regulation, Qualified Applicators
Business License #41180
California Department of Pesticide
Regulation, Qualified Applicators
License #155290 (Cope)
California Department of Industrial
Relations #1000045073
JTS, Inc Licenses/Permits
C‐61/D49 Tree Service Contractor
#766025
California Department of Industrial
Relations #1000017779
Qualified Staff
Project Managers
Landscape Supervisors/Crew
Heavy Equipment Crew
Animal Handlers
Herbicide Applicators
Tree Removal Crew
Drivers/Haulers

8 factors are all important but understanding the value of the wood generated from the site is critical. JTS makes landscape materials, bio filers, and many other products from the wood process. JTS has the equipment and wide range of knowledge to create erosion products for soil stabilization or wood products for parks.

Alissa Cope. Principal Environmental Planner and Restoration Ecologist. She will serve as the primary contact and manage all activities for this contract. She serves as the company Safety Officer. Her expertise in all aspects of environmental impact, habitat restoration, and regulatory requirements is added value unique in the grazing industry. She holds a Qualified Applicator License and trains/supervises all personnel in the use of herbicides. With over 25 years of experience in Southern California, she manages prescribed grazing activities within the context of environmental policies and procedures. She will supervise grazing in sensitive species areas along with the City’s qualified biologist. Grazing is conducted not only to accomplish weed abatement but as a site preparation tool to transition to habitat restoration. She is an approved biologist on the County of Los Angeles Department of Regional Planning Significant Ecological Areas Technical Advisory Committee and Environmental Review Board. She has worked closely with CALFIRE, Orange County Fire Authority, and Los Angeles County Fire Authority on vegetation management/ fuel reduction projects. Sage is listed as a qualified vendor by Orange County Fire Authority.

Carson Helton. Director of Habitat Restoration. He will serve as the emergency contact and provide all oversight and management of field operations. He handles all aspects of goat grazing, mechanical mowing, and habitat restoration. Under his supervision and daily involvement mobilization/operations/ demobilization and targeted grazing is accomplished. He works with Sage crews to set up fencing and overnight pens, provide supplemental feed and daily water, and sanitary bedding in the pens. He works closely with the Sage veterinarian to maximize herd and guard dog health, provide required immunizations, and handle any emergencies. For mowing and planting aspects of contracts, he maintains equipment, tools, orders supplies, and supervises crews operating equipment.

Justin Watson. Project Supervisor/Tree Service (Subcontractor). He has over 22 years of experience in forestry management, tree removal, fire fuel reduction, mulching/chipping and land restoration. He studied agricultural business science at Cal Poly including courses in forestry, soil science and insects. As an equipment operator and supervisor, he oversees processing large quantities of wood. He uses grinders and chippers for large tree removal, including on difficult and steep slopes. He has worked nearly every aspect of tree removal and brings decades of experience to job sites. His equipment is some of the biggest and most effective in the industry. He understands how to excel in the most difficult conditions and jobs. He introduced eucalyptus as a viable source of landscape material and erosion control material as well as grinding green waste for utilizing onsite or disposal at appropriate facilities.

Landscape & Heavy Equipment Crew. The Sage landscape field crew have an average of four years of landscape installation and maintenance experience. They are fully trained, experienced and cross‐utilized in the weed abatement/vegetation management, herbicide application, and grazing activities conducted by Sage. They speak fluent English, are US citizens, and have cell phones for instant communication with Project Managers.

Mechanical, mowers, masticator, bobcat, skid steer and backhoe operations are conducted by Sage inhouse equipment operators who each have over 20 years of heavy equipment experience for commercial grading and farm operations.

9 The JTS tree removal crew will be supervised by personnel with 22 years of experience in forestry management and large tree removal. Its heavy equipment crew operates excavator swing machinery, excavator grinders, masticators, mulch spreaders, and truck haulers.

Handlers/Herdsmen. A supervisor solely dedicated to the Yorba Linda Fuel Reduction Project contract and not shared with any other contracts will be assigned. Our handlers/herdsman have an average of four years’ experience managing and supporting goat‐grazing activities. They are fully trained, experienced and cross‐utilized in the weed abatement/vegetation management activities conducted by Sage. They speak fluent English, are US citizens, and have cell phones for instant communication with Project Managers.

Herbicide Applicators. Sage holds a California Department of Pesticide Regulation Business License for the application of herbicides to control weeds. Sage has provided herbicide application services to Orange County clients such as the Irvine Ranch Conservancy, Orange County Parks, Natural Communities Coalition, Laguna Beach Foundation, and others. Our staff is trained in all DPR and Cal‐OSHA safety regulations. We own and utilize a custom sprayer mounted on an ATV for larger‐scale applications in wildlands and additional multiple battery‐operated backpacks (Birchmeier).

Habitat Restoration
Sage is very active in habitat restoration, another core service of the company. We utilize highly trained personnel familiar with native flora and fauna within the southwestern region of the United States. Our botanists, restoration ecologists, arborists, and landscape crews have expertise in habitat restoration planning, design, revegetation installation, maintenance, and performance monitoring. Sage has developed, designed, and implemented native habitat restoration and mitigation plans for upland, wetland, and riparian habitat areas that are uniquely tailored to support project‐specific mitigation objectives and encourage use by sensitive wildlife.

To achieve long‐term management of invasive weeds, Sage assists clients to convert wildlands from easily ignited fire fuel to native plants. Prescribed goat grazing is a valuable tool used to achieve that conversion.

Sage and conservation area clients are tracking the success of grazing in achieving emergence of native cover. Two case studies were recently presented, at the California Invasive Plant Council and California Association of Resource Area Agencies, documenting with data collection and observation, conversion of a grasslands site and a highly degraded former cattle camp covered in black mustard and invasive grasses.

The presentation video can be viewed at this link. Prescribed Grazing for Wildland Management We understand grazing area management may include overseeding of native low growing grasses and forbes as provided by the City and/or City‐designated biological monitor. We are excited to assist in the implementation and monitoring of the long‐term goal of habitat restoration, upon request. We have observed that goats working in coastal sage scrub increases the quality of that habitat area. We welcome some monitoring by the city consultant to further document those results. We understand that Michael Baker Inc. will provide biological monitoring during contract implementation to address nesting birds potentially present and habitat restoration.

At the end of grazing in each area, Sage can help promote habitat restoration by overseeding with native grasses and forbes, upon request. This is accomplished by attaching bags of seeds to the guard dogs. They easily spread seeds as they move around.

10 Environmental Requirements
Sage has over 25 years of experience conducting technical studies and managing projects in compliance with the federal Migratory Bird and Treaty Act, federal and state Endangered Species Act, and California Fish and Game Code Section 2050, 3503, 3503.5, 3513, 5605.  All grazing and vegetation removal is routinely monitored by qualified biologists. We use seasonal timing to ensure resource protection.

We routinely employ best management practices for erosion control utilizing the Caltrans Construction Site Best Management Practices (BMP) Manual recommended methods.

Grazing is monitored daily to prevent overgrazing/overtrampling. Generally, no grazing is conducted within riparian habitat areas, as these contain high value resources and are not generally fire prone. Activities are conducted in conformance with all applicable Clean Water Act related requirements (including NPDES regulations). The overnight secure pen is not located near waterways to prevent potential water quality degradation.

Safety and Protection
Sage actively maintains and implements current state‐required safety guidelines, procedures and training per our current Employee Handbook and our current Injury and Illness Prevention Program Manual (IPPM).

The current IPPM includes our state‐compliant Covid Policy. These are available for review upon request.

Licenses and Registrations
California State License Board
Landscape Contractor License (C‐27) #947034
https://www.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=947034 California Department of Industrial Relations
Registration #1000045073
https://cadir.secure.force.com/ContractorSearch?inputSearch=1000045073 California Department of Pesticide Regulations
Pesticide Business License # 41180
Qualified Applicator’s License #155290 (Cope)
https://www.cdpr.ca.gov/docs/license/pdf/Valid_Licenses_(S)‐Business.pdf CAL FIRE and Orange County Fire Authority
Registered Vendor (Goat Grazing/Landscape Contractor)
Bonding
Sage is bonded by the State of California.

This license is a filed Contractor's Bond with American Contractors Indemnity Company.

Bond Number: 100327466 / Bond Amount: $15,000 / Effective Date: 10/11/2016 Contractor's Bond History
LLC EMPLOYEE/WORKER BOND
This license is a filed LLC Employee/Worker Bond with American Contractors Indemnity Company Bond Number: 100327572 / Bond Amount: $100,000 / Effective Date: 10/11/2016

11 Insurance
Sage carries the required levels of insurance for goat grazing and landscape contracting activities. Upon award, Sage will submit a Certificate of Insurance that names the City as Additional Insured. Our Evidence of Insurance document is shown below.

12 OPERATIONS
Work Schedules
Sage will work closely with the City representative (CR) to develop site‐specific Maintenance Schedules and submit in writing. Work will commence only after approval by the CR. Each schedule will include agreed upon acreage, cost per acre, start date, expected completion date, location, and grazing strategy. The CR will make every attempt to coordinate grazing schedules in 180‐day increments. Sage will start work no less than five working days after agreed upon and written notification (via letter or e‐mail) of needed grazing.

Communication
All proposed personnel are fluent in English. They can communicate effectively in written and oral English.

Project managers, supervisors, field directors and labor crew/handlers all have cell phones that can send and receive voice calls, save voice mail messages, and send and receive text messages.

Emergency contact information:

Alissa Cope, Principal ‐ 949.243.2282 cell
Carson Helton, Director ‐ 949.444.9014 cell
Justin Watson, Tree Removal – 805.801.0481
Sage will work closely with the CR to coordinate with the local sheriff or police who will be made aware of the commencement of tree removal and grazing operations to respond to emergencies, encroachment or vandalism by humans.

Tree Removal, Trimming and Shaping Methodology
The RFB includes removal of 403 mature trees.  This work will be done in Year 1 by our tree removal specialist, JTS Inc. Additional smaller trees and large shrubs will be removed, trimmed, shaped and mulched and/or hauled to meet RFB and Addendum 1 outlined OCFA standards in‐house.

Managed Intensive Grazing Methodology
Sage will provide a grazing management methodology for each site. The methodology will be submitted in writing for approval by the CR. No work shall commence until such a plan is approved. This methodology will also address areas that are appropriate for light grazing to control overgrazing or damage to a site.

Nature of the Grazing Operation
Sage will confine the goats and guardian dogs to small paddocks during grazing activities as coordinated with CR (1‐5 acres) using portable electric fencing until the agreed upon level of grazing the paddock is completed. The operations area and secure pens will be located to minimize noise, dust and erosion caused by equipment, trucks, goats and guard dogs. The pens will be located where overnight visibility to residents is limited. Animal and separate equipment pens are typically constructed of 8 foot high chain link and wrapped in green tarp to increase security. Signage is placed around the site describing operations, emergency contact information, warnings about electric fencing and sensitive habitat areas, and public education.

13 A brief video is available for viewing that demonstrates the pen and paddock setup. A copy of the video is provided on the thumb drive submitted with the proposal document. Online link to Video Recently, CNN Meteorologist Derek Van Dam visited a Sage grazing site in Anaheim Hills where we are conducting fire fuel reduction for the Anaheim Fire Department. His video shows typical grazing activities, overnight pen release and containment of goats each day, as well as brief remarks by fire officials. Online link to video  A copy of the video is provided on the thumb drive submitted with the proposal document.

Sage will keep all trails and roads open for City or public use (if applicable) during grazing activities unless otherwise approved by the CR. A small motor home and generator owned by Sage may also be utilized for the handler for 24/7 supervision, as needed.

Mobilization/Operations/Demobilization
Sage will coordinate with the City to establish logical points of ingress/egress, staging and holding pen locations, as well as potable water points of connection (if available). A holding pen, portable shade, nighttime security lighting, several 100‐gallon water troughs, supplemental feed for protein, and setting of electrified wire mesh grazing limits with solar powered charging are all part of mobilization. Landscape maintenance, storage of materials and stockpiling, staging, vehicle and equipment operation and maintenance, material handling and transportation are anticipated operations activities.

Grazing and Mechanical Equipment
The motorized equipment that supports our grazing activities consists of one large herd trailer, one recreational vehicle, several pickup trucks and equipment trailers, and an ATV. All equipment hauling and working on‐site will be identified by our company logo and will be the same color. Sage will complete any additional mechanical mowing, minor tree and shrub limb cutting, weed whacking and debris removal requested to complete the weed abatement and fire fuel load reduction at project sites as part of this contract. Hand clearing to remove toxic plants will be conducted prior to grazing.

Guardian Animals
Along with the goats, one or two pair of livestock guardian dogs will be used to protect the goats. These are: one pair of Pyrenees dogs, one pair of Komodore dogs. All dogs follow the goats in the grazing areas during daylight areas then remain outside of the overnight secure pen to guard against predators (coyotes, bob cats, etc.) and humans (homeless, unauthorized visitors, etc.)

14 Sage Pyrenees and Komodore guard dogs at fire fuel load reduction grazing sites Secure overnight pens and water resources are set up on the site

Solar‐powered electric mesh or orange fencing protect desired plants and contain goats Proposed/Sample Signage
Signs will be placed along the project boundary to provide safety warning and public education for the project.

Safety signage
to be posted in
multiple, visible
places along
perimeter of
grazing areas
Public education
sandwich board
to be posted at
designated
areas and
moved with the
grazing areas,
as needed

15 Animal Care
All work with animals will be carried out in accordance with the California Department of Food and Agriculture best practices, and any city‐required animal permits. All animals will be maintained in good health and be supervised by qualified, experienced staff under the direction of our veterinarian.

16 Tree Removal, Grinding and Chipping Equipment (JTS, Inc.)

CITY OF YORBA LINDA

PROPOSAL BID SHEET

YORBA LINDA FUEL REDUCTION PROJECT
Site Acreage Percentage of
Site Treatment
Year 1 Year 2 Year 3
$0 $18,254 $18,254
$0 $2,608 $2,608
$0 $0 $0

14.97 100% $0 $20,862 $20,862
$0 $11,938 $11,938
$0 $6,000 $6,000
$6,000 $0 $0

9.79 100% $6,000 $17,938 $17,938
$0 $22,315 $22,315
$0 $3,188 $3,188
$0 $0 $0

18.30 100% $0 $25,503 $25,503
$0 $13,694 $13,694
$0 $1,956 $1,956
$0 $0 $0

11.23 100% $0 $15,650 $15,650
$0 $0 $0
$0 $2,007 $2,007
$0 $0 $0

1.28 100% $0 $2,007 $2,007
$0 $8,548 $8,548
$0 $1,221 $1,221
$0 $0 $0

7.01 100% $0 $9,769 $9,769
$0 $8,621 $8,621
$0 $1,232 $1,232
$3,000 $0 $0

7.07 100% $3,000 $9,853 $9,853
Total 69.65

FUEL REDUCTION WORK
Flash Fuels Removals
and Maintenance
All flash fuels shall be maintained to meet requirements (horizontal and vertical separation) for each year of the contract.

Treatment Description
(Listed in order of City preference as appropriate the for the site.) 01 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 1
02 Animal Grazing
Hand Tools and Mechanized Equipment (1. site prep.

2. treatment of 1.2 ac near BNSF)
Herbicide Application (tree cambium at felling)
SUBTOTAL FOR SITE 2
03 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 3
04 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 4
05 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 5
06 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 6
07 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application (tree cambium at felling)
SUBTOTAL FOR SITE 7
Additional information and list of treatment preferences by the City can be found in the Performance Management and Specifications Section, specifically subsection 7.5 of this Bid package. The methodologies for each site are listed in order of preference by the City with animal grazing being the preferred when and where most appropriate and economically feasible.

Site Acreage Percentage of
Site Treatment
Year 1 Year 2 Year 3
$0 $2,608 $2,608
$0 $2,608 $2,608

14.97 100% $0 $5,216 $5,216
$0 $1,705 $1,705
$ see Tree
Removals
$1,705 $1,705

9.79 100% $0 $3,411 $3,411
$0 $3,188 $3,188
$0 $3,188 $3,188

18.30 100% $0 $6,376 $6,376
$0 $1,956 $1,956
$0 $1,956 $1,956

11.23 100% $0 $3,913 $3,913
$0 $0 $0
$0 $223 $223

1.28 100% $0 $223 $223
$0 $1,221 $1,221
$0 $1,221 $1,221

7.01 100% $0 $2,442 $2,442
$0 $1,232 $1,232
$0 $1,232 $1,232

7.07 100% $0 $2,463 $2,463
TOTAL 69.65
Site Year 1 Year 2 Year 3
02 $255,894 $0 $0
07 $19,107 $0 $0
$275,001 $0 $0
$284,001 $125,625 $125,625
NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are to be used only as comparison of bids. Payment for quantities will be made from field measurements. If the actual quantities show either an increase o Tree and Shrub Trees and shrubs shall be trimmed and shaped to meet OCFA standards of horizontal and vertical spacing Treatment Description
(Listed in order of City preference as appropriate the for the site.) 01 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 1
02 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 2
03 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 3
04 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 4
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 7
05 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 5
06 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 6
SUBTOTAL TREE REMOVALS 403
Total Annual Cost for Fuel Reduction Work
Hand Tools and Mechanized Equipment, Hauling 375
Hand Tools and Mechanized Equipment, Hauling 28
Tree Removals Specific trees have been identified for removal efforts to meet 50% shaded fuel break requirements. Tree Treatment Description Number of Trees
07 Animal Grazing (Shrubs)

CITY OF YORBA LINDA

CALIFORNIA

SPECIFICATIONS
FOR

YORBA LINDA FUEL REDUCTION PROJECT
October 2022

CITY OF YORBA LINDA
4845 CASA LOMA AVENUE
YORBA LINDA, CALIFORNIA 92886
These Specifications are the exclusive property of the AGENCY and shall not be used in any manner without prior consent of the AGENCY. Any reuse of these Specifications shall be at the sole risk of the user and without liability to The City of Yorba Linda.

Note: Any reference to AGENCY or City shall refer to the City of Yorba Linda, California.

Dates
Bid Release Monday, October 24, 2022
Mandatory Pre-Bid Meeting (Virtual) Thursday, October 27, 2022 @ 2:00PM Written Question Deadline Thursday, November 3, 2022
Bid Submission Deadline Thursday, November 17, 2022
Award Date Tuesday, December 6, 2022

CITY OF YORBA LINDA

CALIFORNIA

SPECIFICATIONS
F'OR

YORBA LINDA FUEL REDUCTION PROJECT
Approved By:

JAMIE

DIRECTOR O
R.C.E. No. 65296
hfeofzozz
DATE

V/ORKS/CITY ENGINEER

CITY OF YORBA LINDA

TABLE OF CONTENTS

FOR THE

YORBA LINDA FUEL REDUCTION PROJECT
Page Number

1. Notice Inviting Bids NB-1
Instructions for Bidders IB-1

2. Definitions D-1

3. Proposal Documents
Proposal P-1
Contractor's Licensing Statement P-6
Bid Bonds P-7
Non-Collusion Affidavit P-9
Questionnaire to General Contractors P-10
Proposal Bid Sheets P-14

4. Contract Documents
Contract Agreement CA-1
Performance Bond CA-22
Material and Labor Bond CA-24
Compensation Insurance Certificate CA-26

5. General Specifications
Scope of Work GS-1
Location of Work GS-2
Standard Specifications GS-2
Wage Rates and Labor Code Requirements GS-3
Resolution of Construction Claims GS-3
Clayton Act and Cartwright Act GS-5
Substitution of Securities GS-6

6. Special Provisions SP-1

7. Performance Measurements/Specifications PM-1
Appendix A Maps and Tree Inventories
Appendix B OCFA Spacing Specifications

NB-1

CITY OF YORBA LINDA

NOTICE INVITING SEALED BIDS FOR

YORBA LINDA FUEL REDUCTION PROJECT
[3 YEAR CONTRACT TERM WITH POSSIBILE 1 YEAR EXTENSION]
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Yorba Linda, as AGENCY, for furnishing all materials, equipment, tools, labor and incidentals as required for the above stated project in strict accordance with the specifications and maps on file at the office of the City Clerk of the City of Yorba Linda.

Bids will be received at the office of the City Clerk, City of Yorba Linda, until 2:00 P.M. on Thursday, November 17, 2022 at which time and place the bids will be publicly opened and read aloud. Bids shall be submitted in sealed envelopes marked on the outside, "SEALED BID FOR THE YORBA LINDA FUEL REDUCTION PROJECT" A mandatory pre-bid meeting will take place on Thursday, October 27, 2022 at 2PM. Prospective bidders should attend using the following link:
https://yorbalinda.zoom.us/j/84593695292?pwd=Q2NyK2pxRWpvYy9qMWJDN1hOd0VNZz09 All questions regarding the specification and agreement must be submitted in writing via email by Thursday, November 3, 2022. All emails should be sent to Attn: Jesse Gutierrez, [email protected] with the project title referenced in the subject line. Response to question will be provided in 1-2 business days after the question deadline.

The work to be performed consists of furnishing all grazing animals, materials, equipment, tools, labor, and incidentals as required by the Specifications, and Contract Documents for the above stated project. To comply with CALFIRE grant requirements to reduce fuel loads around structures and high-risk evacuation areas, the City must perform fuel reduction activities for seven approved properties and maintenance easements which are owned or maintained by the City. The general items of work include removals of flash fuels, trimming of shrubs and trees, removals of trees, and hauling of removed materials within the multiple sites.

The Agency reserves the right, after opening bids, to reject any or all bids, or to make award to the lowest responsible bidder and reject all other bids; to waive any informality in the bidding; and to accept any bid or portion thereof; and to take all bids under advisement for a period of Ninety (90) calendar days. Bids will be compared on the basis of the Engineer's estimate of the quantities of the several items of work as shown on the Bid Sheets. Only such plans, specifications, and items of work as are appropriate shall apply to the work as bid.

At the time of contract award, the Contractor shall possess a State of California Class A Contractor’s License or a combination of Class C Specialty Contractor’s License(s) adequate to perform the work herein described and be registered with the Department of Industrial

NB-2
Relations per California Labor Code Section 1771.1. All subcontractors shall have equivalent licenses for their specific trades. The Contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing any work.

Each bid must be accompanied by a certified or cashier's check, or by a corporate surety bond on the form furnished by the AGENCY, as a guarantee that the bidder will, if an award is made to him in accordance with the terms of his bid, promptly secure workmen's compensation insurance and liability insurance, execute a contract in the required form, and furnish satisfactory bonds for the faithful performance of the contract and for the payment of claims of material and laborers thereunder. Said check or bidder's bond shall be in an amount not less than 10 percent of the amount of the bid. The Performance Bond shall be not less than 100 percent of the total amount of the bid price named in the contract. The Payment Bond shall be not less than 100 percent of the total amount of the bid price named in the contract. The AGENCY reserves the right to reject any bond if, in the opinion of the AGENCY Attorney, the Surety's acknowledgment is not in the form included in the contract documents or in another form substantially as prescribed by law.

Minimum wage rates for this project have been predetermined by the Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates as determined by the State for similar classifications of labor, the Contractor and his subcontractors shall pay not less than the higher wage rate.

In accordance with provisions of Section 1773.2 (amended 1977) of the California Labor Code copies of the prevailing rate of per diem wages as determined by the State Director of Industrial Relations are on file in the office of the Engineering Department of the City of Yorba Linda. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than said specified rates to all workmen employed by them in the execution of the contract.

CONTRACTORS REGISTRATION: In accordance with Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal or (b) engage in the performance of any contract for public work, unless currently registered and qualified to perform the public work pursuant to Labor Code section 1725.5 A bid shall not be accepted nor any contractor or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform the public work pursuant to Labor Code section 1725.5
COMPLIANCE MONITORING AND ENFORCEMENT: Pursuant to Labor Code section 1771.4, Contractor’s performance of the work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

The City of Yorba Linda hereby notifies all bidders that to ensure full compliance with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, the Contract Documents require participation

NB-3
in an electronic verification of work authorization program operated by the United States Department of Homeland Security, or participation in an equivalent federal work authorization program operated by the United States Department of Homeland Security, to verify information of newly hired employees.

The City of Yorba Linda hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, Disadvantaged Business and Women's Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, creed, color, or national origin in consideration for an award.

The Contract Documents call for monthly progress payments based upon the Engineer’s estimate of the percentage of work completed. The AGENCY will retain five (5) percent of each progress payment as security for completion of the balance of the work. At the request and expense of the successful bidder, the City will pay the amounts so retained upon compliance with the requirements of Government Code Section 4590 and the provisions of the Contract Documents pertaining to the Substitution of Securities.

A full set of drawings and specifications is available for inspection without charge at the public counter of the City Hall of the City of Yorba Linda.

Bidding Documents can be downloaded at https://www.yorbalindaca.gov/297/Bids-forPublic-Works-Projects. Selecting the link for Quest Construction Data Network (CDN) to be directed to the City of Yorba Linda bid page or at www.questcdn.com under Login using QuestCDN # 7821510 for a non-refundable charge of $15.00. Contact QuestCDN.com at 952- 233-1632 or [email protected] for assistance in membership registration and downloading this digital project information. Bidding Documents may also be purchased at a cost of $25.00 (twenty-five dollars) per set and are obtainable from the City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California 92886. No refund will be made of any charges for complete sets of contract documents. Plans and specifications can be mailed for an additional $10.00 (ten dollars) per set or call for express delivery rates.

Dated this ______ day of _____________, 2022.

CITY OF YORBA LINDA

CALIFORNIA
BY _________________________
Marcia Brown, City Clerk
4845 Casa Loma Avenue
Yorba Linda, CA 92886
(714) 961-7100

IB-1

INSTRUCTIONS TO BIDDERS

FOR THE

YORBA LINDA FUEL REDUCTION PROJECT
[3YEAR CONTRACT TERM WITH POSSIBLE 1 YEAR EXTENSION]

1. PROPOSAL FORMS
Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements.

2. PROPOSAL GUARANTEE (BID BOND)
Proposals must be accompanied by a proposal guarantee consisting of a certified check or bid bond payable to the AGENCY in the minimum amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.

3. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

4. PROPOSAL BID SHEET
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The annual frequencies listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed, and the bidder shall make his own estimates from the

IB-2
exhibits, site visits, and specifications. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.

5. DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the completed proposal including all signed addenda to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids." Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside,
"YORBA LINDA FUEL REDUCTION PROJECT–
DO NOT OPEN WITH REGULAR MAIL."

6. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY's designated official prior to the bid opening hour stipulated in the "Notice Inviting Sealed Bids". The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. Proposals may not be withdrawn after said date and hour without forfeiture of the proposal guarantee.

7. IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

8. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

9. DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime CONTRACTOR has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.

IB-3
No contract will be executed unless the bidder is licensed in accordance with the provisions of the State Business and Professions Code.

All contractors must be prepared to submit certified payroll upon request and be registered with the CA Dept. of Industrial Relations prior to submitting a bid for this project.

10. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he may submit to the City Representative of said AGENCY a written request (via e-mail) for an interpretation or correction thereof. The person submitting the request will be responsible for confirming its receipt. All such requests for clarification must be received by the AGENCY no less than 7 days prior to the scheduled bid opening. Any interpretation or correction of the proposed documents shall be made by addendum duly issued and copy of such addendum will be e-mailed to each person receiving a set of such documents. The City Representative will not be responsible for any other explanation or interpretations of the proposed documents.

11. ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render his bid irregular and may result in its rejection by the AGENCY.

12. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not.

Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.

13. AWARD OF CONTRACT
Following a review of the bids, the AGENCY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the

IB-4
lowest responsible Bidder as determined solely by the AGENCY. At the time of contract award, the successful Bidder shall hold a State of California Class A Contractor's License or a combination of Specialty Contractor’s License(s) adequate to perform the work herein described. All subcontractors shall have equivalent licenses for their specific trades. The Contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing any work. Additionally, the AGENCY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the AGENCY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated.

No bidder may withdraw his proposal for a period of Ninety (90) Days after the time set for opening thereof. However, the AGENCY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.

14. BID PROTESTS
Any actual or prospective bidder proposer, or Contractor who alleges an error or impropriety in the solicitation or award of a Contract may submit a protest to the City Clerk and Director of Public Works. All protests shall be typed and include the following information: 1) name, address and telephone number of protester; 2) signature of protester’s representative; 3) designation of Contract being protested; 4) a detailed statement of the legal and/or factual grounds for the protest; and 5) the form of relief requested. All protests related to bid or proposal specifications must be submitted no later than five (5) business days prior to the close of the bid or proposal. All protests related to the potential award of a contract must be submitted no later than five (5) business days after the notice of the proposed contract award is provided by the Director of Public Works.

15. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid items contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

IB-5

16. LABOR CODE
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the AGENCY has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute the contract from the State Director of the Department of Industrial Relations.

These rates are on file with the Clerk of the AGENCY, and copies will be made available to any interested party on request. It shall be the responsibility of the prime Contractor to comply with all applicable sections of the Labor Code.

Travel and subsistence payments to each workman needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code.

The Contractor shall comply with the provisions of Section 1774 of the Labor Code. Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code.

Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

The AGENCY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the AGENCY on the contract.

The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee.

17. WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay

IB-6
compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with this section and with Section 1861 of the State Labor Code, the contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to City along with the other required contract documents, prior to performing any work.

Reimbursement for this requirement shall be considered as included in the various items of work.

18. CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

19. SUBLETTING AND SUBCONTRACTING.

Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime Contractor's total bid or $10,000, whichever is greater. Failure to list a subcontractor for a portion of the work means that the prime Contractor will do that portion of the work. It is the AGENCY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.

20. SUBSTITUTION OF SECURITIES
In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract.

IB-7
At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor’s satisfactory completion of the contract.

The type of securities deposited and the method of release shall be approved by the City Attorney’s office.

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2. DEFINITIONS
AGENCY

ANNUALLY
BRUSH

CALENDAR DAY
CITY’S

REPRESENTATIVE
This term is interchangeable with ‘City’ which is the
City of Yorba Linda for purposes of this agreement.

Services to occur over multiple months or as needed
basis during the fiscal year.

Perennial, often woody and dense, plant growth
comprised of native plant species, exotic invasives
and escaped/neglected landscaping. Brush shall also
include tree bramble, understory and limbs/branches
up to six (6) inches in diameter and six (6) feet from
the ground.

Every day shown on the calendar; Saturdays, Sundays
and holidays included.

Person under the employ of the City of Yorba Linda
assigned to represent the City, to give direction to the Contractor, and who is authorized to issue
instructions and interpret contract language.

CONTRACT

AMENDMENT
A change in contract conditions, typically involving
the addition or subtraction of acres maintained,
issued by the agency authorizing an increase or
decrease in the contract purchase order amount.

CONTRACTOR This term is interchangeable with “Vendor,” which is the contractor for purposes of this agreement.

CONTRACTOR’S

REPRESENTATIVE
Person under employ of the Contractor who can
communicate effectively both in written and oral
English and who shall be present at all times, Monday
through Friday, during contract operations as
described in this contract. Any order or
communication given to the Contractor’s
Representative shall be deemed as delivered to the
Contractor.

FLASH FUELS Highly combustible materials including grasses, herbaceous plants, and fallen leaves, which ignite
readily and are consumed rapidly when dry.

D-2

HORIZONTAL SPACING

NESTING BIRD SEASON
OCFA

PRE-WORK CONFERENCE
For shrubs and trees 2’ in height or higher, groups can exist of 3 specimens or less with no spacing within the group. Groups of shrubs must be spaced by either 15’
or 3x the height of the tallest specimen in the group.

Groups of trees must maintain a distance of 30’
minimum regardless of height.

February 1 through September 1
Orange County Fire Authority – the agency which
monitors and enforces abatement guidelines
regarding maintenance of defensible space for fire
suppression.

Conference to clarify schedules, contract
specifications, coordination with others, expected
completion dates, work procedures and working
hours to assure a smooth transition from one vendor
to the next.

SERVICE REQUEST

SHADED FUEL BREAK
Service Requests are given to the contractor when
deficiencies in performance are identified by the
AGENCY or Consultant working on behalf of the City..

They may be issued in various forms, including
verbally or by forwarding complaints from emails and
text messages, etc. A ‘punch list’ may include more
than one Service Request.

A defensible location, where trimming and removal
activities are used to reduce, modify, and manage
fuels within designated areas in order to aid in the
suppression of wildfires. This project will focus on a
50% shaded fuel break within Sites 2 and 7,
combining the removals of understory flash fuels,
trimming of shrubs and trees, and removals of preidentified trees.

VERTICAL SEPARATION
(ENERGY TRIMMING)
The removal of all branches and foliage to achieve a
minimum of 4’ of separation between the ground
plane and/or top of understory plant material
(ground cover or shrubs) under 2’ and the lowest
branch of tree or any shrub greater than 2’ in height
to reduce ladder fuels and points of ignition.

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CITY OF YORBA LINDA

PROPOSAL
FOR

YORBA LINDA FUEL REDUCTION PROJECT
TO CITY OF YORBA LINDA, as AGENCY:

In accordance with AGENCY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all grazing animals, herdsman, materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefor, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this proposal.

BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

BIDDER understands that no bid will be accepted from a Contractor who has not been licensed in accordance with the provision of Chapter 9, Division III, of the Business and Professions Code of the State of California at the time the bid is submitted. Your attention is also directed to Section 7028.15(e) of the Business and Professions Code.

BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without Sage Environmental Group LLC

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connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

BIDDER'S NAME DATE
BIDDER'S ADDRESS: BY
(Print Name)

PHONE ( ) TITLE
Subscribed and sworn to before me BY
this day of , 2022 (Print Name)
(Signature of Notary Public) (Signature)
TITLE
(SEAL)
Sage Environmental Group LLC
24040 Camino del Avion, #A77
Monarch Beach, CA 92629
949 243-2282 cell
Alissa Cope
(Signature)
Principal

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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder's Name
Business Address
Telephone: ( )
State Contractor's License No. and Class
Original Date Issued ______________ Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

Subscribed and sworn to before me By ________________________________ this day of , 2022. (Print Name)
________________________________
(Signature of Notary Public) (Signature)
Title
(SEAL)
Date _______________, 2022
Sage Environmental Group LLC
24040 Camino del Avion, #A77, Monarch Beach, CA 92629
949 243-2282 cell
C-27 #947034
May 10, 2010 Oct 31, 2024
Alissa Cope, Principal, Single Member, 41 Rollins Place, Laguna Niguel, CA 92677 (949) 243-2282 None
Sage Environmental Group LLC
Alissa Cope
Principal

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BIDDERS NAME

LIST OF SUBCONTRACTORS
Subcontractor information shall be listed below for any subcontractor work in excess of ½ of 1% of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of ½ of 1% of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors as follows:

Subcontractor name
Address
License No. and Class
Email_________________________________
Specific Items of Work
Subcontractor name
Address
License No. and Class
DIR #__________________________________ Email_________________________________ Percent of Total Contract
Specific Items of Work
Subcontractor name
Address
License No. and Class
DIR #__________________________________ Email_________________________________ Percent of Total Contract
Specific Items of Work
Subcontractor name
Address
License No. and Class
DIR #__________________________________ Email_________________________________ Percent of Total Contract
Specific Items of Work
Sage Environmental Group LLC
JTS Inc.

Tree Service. Removal, stump grinding, chipping (chips to be left on site), hauling of trees (quantity estimate 1,500 tons) to green waste facility. [email protected] Phone (805) 489-9191
1615 Oak Hill Road, Arroyo Grande, CA 93420
Contact: Justin Watson, RMO / CEO / PRES
C-61/D-49 #766025 expires 10-31-2024
DIR #___
1__
00_______
0017779 ______________________
Percent of Total Contract 39%

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BIDDERS NAME

REFERENCES
The following are the names, addresses, and phone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:

Agency Name
Address
Phone No. Email: Contact:

Description of Work
Agency Name
Address
Phone No. Email: Contact Michael Baron, Dir. Cemetery Development Agency Name
Address
Phone No. Email: Contact:

Description of Work

DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

Name Leavitt Group Contact: Alan Frankel, VP Commercial Lines Address 21820 Burbank Blvd. Suite 300, Woodland Hills, CA 91367 Phone No. (818) 941-7224 direct
Name The Ohio Casualty Insurance Company Contact Kevin Vong, Contract Underwriter Address 790 The City Drive South, Suite 200, Orange, CA 92868 Name
Address
Phone No.

Name
Address
Phone No.

Sage Environmental Group LLC
Anaheim Fire and Rescue, Fire & Life Safety Section
201 S. Anaheim Blvd., Suite 300, Anaheim, CA 92805
(714) 765-4039 [email protected] Adrian Abel, Wildfire Mitigation Specialist Fire Fuel Modification, 6 city parks/open space, high fire hazard areas, 200+ acres Rose Hills Memorial Park, Rose Hills Company
3888 Workman Mill Road, Whittier, CA 90602
[email protected]
Description of Work
(562) 205-4835
Fire Fuel Modification, goat grazing/mechanical, wildland/urban interface.

Biological monitoring, 300+ acres.

City of Laguna Niguel, Public Works Department
Weed Abatement, 15 parks/open space, 45+acres, mechanical/goat grazing 30111 Crown Valley Parkway Laguna Niguel, CA 92677
(949) 362-4349 [email protected] Scott Frame, Parks/Landscape Superintendent Phone No. (714) 620-1572

P-5

BIDDERS NAME

REFERENCES
JTS Inc. (subcontractor)
The following are the names, addresses, and phone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:

Agency Name US Forest Service (SEE EXCEPTIONAL PERFORMANCE EVALUATION) Address
Phone No. (970) 619-0441 Email: [email protected] Contact: Kyle McNally Description of Work Fuel Modification, McKinney Fire (July 2022), Klamath Co, CA. Chipping logs making a spec product for erosion control, distributing and blowing chips onto slopes Agency Name CALTRANS District 5
Address 50 Higuera, San Luis Obispo, CA 93401
Phone No. (805) 610-8217 Email: [email protected] Contact: Robert Bonilla Description of Work Fuel Modification. Emergency removal and grinding of trees along Highway 101 Agency Name Four Tribes Enterprises (Prime) Vandenberg Air Force Base (Agency) Address 6080 Center Drive, Suite 685, Los Angeles, CA 90045 Phone No.(805) 570-3514 Email: [email protected] Contact: Tim Crandall

DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

Walter Mortensen Insurance/INSURICA Contact: Pam Binns
8500 Stockdale Highway, Suite 200, Bakersfield, CA 93311 (661) 316-5117
The Ohio Casualty Insurance Company Contact: Kevin Vong, Contract Underwriter 790 The City Drive South, Suite 200, Orange, CA 92868
714-620-1572
Description of Work Fuel Modification. Working at Vandenberg AFB removing and grinding trees for right of way clearance for installation of new and existing power lines.

US Forest Service
BIDDER JTS Inc (Tree Service sub)

The McKinney Fire was a destructive wildfire in July 2022 that burned in the Klamath National Forest in western Siskiyou County, California, as part of the 2022 California wildfire season.

BIDDER JTS Inc (Tree Service sub)

BIDDER JTS Inc (Tree Service sub)

P-6

CONTRACTOR'S LICENSING STATEMENT
Bidder certifies that the following is true and correct. The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.

Contractor's License Number ___________________________________ Name of Individual Contractor (Print or type):

Signature of Owner(s)
Business Address
or
Name of Company
Business Address
Officers:

Name: _______________________________ Title:____________________________ Name: _______________________________ Title: ____________________________ Name: _______________________________ Title:____________________________ or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
Subscribed and sworn to before me
this ______ day of ____________, 2022 Signature of President of Corp./Company _____________________________________
(Signature of Notary Public) Signature of Secretary of Corp./Company (SEAL) (SEAL)
C-27 #947034
Sage Environmental Group LLC
24040 Camino del Avion, #A77, Monarch Beach, CA 92629
__________________________________________________________ Sage Environmental Group LLC

P-7
BID BOND (PAGE 1 OF 2)

CITY OF YORBA LINDA

BID BOND
FOR
WITNESS our hands this ________ day of _____________, 2022. (SEAL)
Alissa Cope, President
By:

Secretary/Treasurer
Subscribed and sworn to before me
this ______ day of _____________, 2022.

Seal of Notary ____________________________
(Signature of Notary Public) (SEAL)
Sage Environmental Group LLC

CONTRACTOR (CORPORATION)-TYPE
By:

BIDDER Sage Environmental Group LLC

YORBA LINDA FUEL REDUCTION PROJECT
KNOW ALL PERSONS BY THESE PRESENTS that Sage Environmental Group LLC, as BIDDER, and The Ohio Casualty Insurance Company as SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER and BIDDER files the required Faithful Performance and Labor and Material Bonds in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

In the event suit is brought upon this bond by AGENCY and judgment is recovered, the Surety shall pay all costs incurred by the AGENCY in such suit, including reasonable attorney's fee to be fixed by the Court.

P-8
BID BOND (PAGE 2 OF 2)

SURETY'S NAME-TYPE
Mailing Address
(SEAL)
By:

Name (print)
Signature
Title
Subscribed and sworn to before me
this ______ day of _____________, 2022.
___________________________________ (SEAL)
(Signature of Notary Public)
BIDDER Sage Environmental Group LLC

P-9
BIDDER’S NAME

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

COUNTY OF )
, being first duly sworn, deposes and says that he or
she is of _______________________________________ the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof to effectuate a collusive or sham bid."
Signed ____________________________________
____________________________________
____________________________________
Title
Subscribed and sworn to before me
this ______ day of _____________,2022.
___________________________________
Signature of Notary Public
(SEAL)
Sage Environmental Group LLC
Alissa Cope
Principal Sage Environmental Group LLC
Alissa Cope
Principal

P-10

QUESTIONNAIRE TO GENERAL CONTRACTORS

PREVIOUS DISQUALIFICATIONS
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire:
1, Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, suspended, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of any law including but not limited to safety regulation? Yes _______ No _______

2. Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, have a formal complaint filed against them seeking to debar or ban them from any future works?
If the answer is yes to any of the above, explain the circumstances in the following space.

NOTE: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of the questionnaire. x
no
BIDDER Sage Environmental Group LLC

P-11
NOTE: THE FOLLOWING QUESTIONS RELATE TO NON-PERFORMANCE OF PREVIOUS CONTRACTS ONLY. CONTRACTOR’S QUESTIONNAIRE
recently the project was performed: _______________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Dated:

Contractor’s Signature

1. List any lawsuit(s) filed against you or your firm over the past ten (10) years for breach or non-performance of contract: ______ non___________________________________________________ e ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ___________________________.

2. List the result(s) of any lawsuit(s): _______________ _ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ___________________________.

3. List any claim(s) filed against you or your firm over the past ten (10) years: ________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ___________________________.

4. List the results of each claim: _____________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ___________________________.

5. List any disciplinary action and the ultimate disposition within the past ten (10) years taken against you or your firm by the State Contractor’s License Board:
__n_o_n____________________ e
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ___________________________.

6. List projects similar to the type applied for herein which you have worked on and how BIDDER Sage Environmental Group LLC
QUESTIONNAIRE TO GENERAL CONTRACTORS (Cont.)
Fuel modification in past 3 years and ongoing for Anaheim Fire, Glendale Fire, South Pasadena Fire, City of Laguna Niguel, City of San Juan Capistrano, Rose Hills Company, Mountains Recreation and Conservation Authority, Puente Hills Habitat

I DECLARE UNDER PENALTY OR PERJURY THAT THE FOREGOING IS TRUE COMPLETE, ACCURATE AND CORRECT.

NA
none
NA
Conservation Authority, Laguna Sur HOA, East Hills HOA

P-12
QUESTIONNAIRE TO GENERAL CONTRACTORS (Cont.)

1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( )

2. If the answer to No. 1 is “yes,” please forward a copy of the rules of each bid depository you used with this questionnaire.

3. Did you have any source of subcontractors’ bids other than bid depositories? Yes ( )

4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( )

5. If the answer to No. 4 is “yes,” please explain the following details:
(a) Date(s):
(b) Name of person or group:
(c) Job involved (if applicable):
(d) Nature of threats:
(e) Additional comments:
(Use additional paper if necessary)

6. Was a conscious effort made to recruit or provide equal opportunity for bids by minority or project area subcontractors? Yes ( ) No ( )
Please submit a statement to reflect your response.

7. Was conscious effort made to recruit and hire project area lower-income residents? Yes ( x ) No ( )
Please submit a statement.

We declare under penalty of perjury that the foregoing is true and correct. _______________________________________
Name of Company
By
Title
Sage Environmental Group LLC
x
No ( )
x
x
Sage has worked with our subcontractor in the past
and they have the specialized equipment needed
Sage Environmental Group LLC
Alissa Cope
Principal
x
Sage routinely hires California Conservation Corps graduates Dated this ___1____ 5 __ day of ___N___
ov_____embe__r
_______, 20 ___
22____.

P-13
QUESTIONNAIRE TO GENERAL CONTRACTORS (Cont.)
Number of years engaged in the contracting business under present business name ______________.

List of last three contracts performed which show experience in work of a nature similar to that covered in this proposal. If none, so indicate.

For Whom
Year Type of Work Contract Amt. Location Performed &
Phone Number
REFERENCES:

Following are the names, addresses, and telephone numbers of firms or agencies with which you may confirm the past performances of the company in performing work of a similar nature and scope:

Contact Person Contract
Firm/Address Type of Work Telephone No. Amount
Authorized Signature:

State of California Contractor’s License No.

Contractor’s License Expiration Date

BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Sage Environmental Group LLC
15 2021-2023 Wildfire Prevention $594,000 Anaheim, CA Anaheim Fire & Rescue (714) 765-4039 2020-2022 Fuel Reduction &
Biological Monitoring
$320,000 Whittier, CA Rose Hills Co. (562) 205-4835
2019-2022 Weed Abatement $208,858 Laguna Niguel, CA City of Laguna Niguel (949) 362-4349 _________________
Sage Environmental Group LLC
Bidder’s Name: ___ ____________________________________________ South Pasadena Fire Dept Fire Fuel Modification
1 year
East Hills HOA Fire Fuel Modification
3 years
C-27 #947034
10-31-2024
Paul Riddle
(626) 403-7300 $24,700
817 Mound Ave
South Pasadena, CA 91030
Debra Guzman $31,050
Lordon Management (626) 967-7921 x3354
1275 Center Court Drive
Covina, CA 91724

P-14

CITY OF YORBA LINDA

PROPOSAL BID SHEET

YORBA LINDA FUEL REDUCTION PROJECT
Additional information and list of treatment preferences by the City can be found in the Performance Management and Specifications Section, specifically subsection 7.5 of this Bid package. The methodologies for each site are listed in order of preference by the City with animal grazing being the preferred when and where most appropriate and economically feasible.

FUEL REDUCTION WORK
Flash Fuels
Removals and
Maintenance
All flash fuels shall be maintained to meet requirements (horizontal and vertical separation) for each year of the contract.

Site Treatment Description
(Listed in order of City preference as
appropriate the for the site.)
Acreage
Percentage
of Site
Treatment
Year 1 Year 2 Year 3
01 Animal Grazing $ $ $
Hand Tools and Mechanized
Equipment $ $ $
Herbicide Application $ $ $
SUBTOTAL FOR SITE 1 14.97 100% $ $ $
02 Animal Grazing $ $ $
Hand Tools and Mechanized
Equipment $ $ $
Herbicide Application $ $ $
SUBTOTAL FOR SITE 2 9.79 100% $ $ $
03 Animal Grazing $ $ $
Hand Tools and Mechanized
Equipment $ $ $
Herbicide Application $ $ $
SUBTOTAL FOR SITE 3 18.30 100% $ $ $
Sage Environmental Group LLC

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FUEL REDUCTION WORK
04 Animal Grazing $ $ $
Hand Tools and Mechanized
Equipment $ $ $
Herbicide Application $ $ $
SUBTOTAL FOR SITE 4 11.23 100% $ $ $
05 Animal Grazing 1.28 $ $ $
Hand Tools and Mechanized
Equipment $ $ $
Herbicide Application $ $ $
SUBTOTAL FOR SITE 5 1.28 100% $ $ $
06 Animal Grazing 7.01 $ $ $
Hand Tools and Mechanized
Equipment $ $ $
Herbicide Application $ $ $
SUBTOTAL FOR SITE 6 7.01 100% $ $ $
07 Animal Grazing $ $ $
Hand Tools and Mechanized
Equipment $ $ $
Herbicide Application $ $ $
SUBTOTAL FOR SITE 7 7.07 100% $ $ $
Tree and Shrub
Trimming
Trees and shrubs shall be trimmed and shaped to meet OCFA standards of horizontal and vertical spacing (provided in Appendix B).

Tree inventories can be found in Appendix A for each site.

Site Treatment Description
(Listed in order of City preference as
appropriate the for the site.)
Acreage
Percentage
of Site
Treatment
Year 1 Year 2 Year 3
Sage Environmental Group LLC

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FUEL REDUCTION WORK
01 Animal Grazing (Shrubs) $ $ $
Hand Tools and Mechanized
Equipment $ $ $
SUBTOTAL FOR SITE 1 14.97 100% $ $ $
02 Animal Grazing (Shrubs) $ $ $
Hand Tools and Mechanized
Equipment $ $ $
SUBTOTAL FOR SITE 2 9.79 100% $ $ $
03 Animal Grazing (Shrubs) $ $ $
Hand Tools and Mechanized
Equipment $ $ $
SUBTOTAL FOR SITE 3 18.30 100% $ $ $
04 Animal Grazing (Shrubs) $ $ $
Hand Tools and Mechanized
Equipment $ $ $
SUBTOTAL FOR SITE 4 11.23 100% $ $ $
05 Animal Grazing (Shrubs) $ $ $
Hand Tools and Mechanized
Equipment $ $ $
SUBTOTAL FOR SITE 5 1.28 100% $ $ $
06 Animal Grazing (Shrubs) $ $ $
Hand Tools and Mechanized
Equipment $ $ $
SUBTOTAL FOR SITE 6 7.01 100% $ $ $
07 Animal Grazing (Shrubs) $ $ $
Hand Tools and Mechanized
Equipment $ $ $
Sage Environmental Group LLC

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FUEL REDUCTION WORK
SUBTOTAL FOR SITE 7 7.07 100% $ $ $
Tree Removals
Specific trees have been identified for removal efforts to meet 50% shaded fuel break requirements. Tree inventories can be found in Appendix A for each site.

Site
Treatment Description
(Listed in order of City preference as
appropriate the for the site.)
Number of Trees Year 1 Year 2 Year 3
02 Hand Tools and Mechanized
Equipment, Hauling 375 $ $ $
07 Hand Tools and Mechanized
Equipment, Hauling 28 $ $ $
Total Annual Cost for Fuel Reduction Work $ $ $
NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are to be used only as comparison of bids. Payment for quantities will be made from field measurements. If the actual quantities show either an increase or decrease from the quantities given in the Proposal Bid Sheet, the Contract Unit Prices will prevail.

Sage Environmental Group LLC

P-18

PROPOSAL
No compensation will be allowed for disposing of rejected or excess material. The City reserves the right to reject all bids and to increase or decrease the amount of any quantity shown on the Proposal Bid Sheets. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.

Bidder's Name
Telephone No.

IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______ day of ___________, 2022.

BIDDER ________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Subscribed and sworn to before me this _____ day of ____________, 2022.

SIGNATURE NOTARY PUBLIC _______________________________ By______________________________________
(PRINT)
________________________________________
(SIGNATURE)
(SEAL)
Title____________________________________
AGENCY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the minimum amount of ten percent (10%) of the total bid.

By____________________________________
Title____________________________________
Sage Environmental Group LLC
(949) 243-2282
Sage Environmental Group LLC
Alissa Cope, Principal
Sage Environmental Group LLC

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CITY OF YORBA LINDA

CONTRACT SERVICES AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (“Agreement”), is made and effective this ________ day of ___________________ by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and___________________________________., a Corporation, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

R E C I T A L S
A. City requires construction services. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same.

B. City desires to have Contractor perform said services on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Contractor hereby agree as follows:

1. SERVICES OF CONTRACTOR.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Bid Documents and Plans and Specifications (“Bid Specifications”) attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services.” As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first-class work and services and Contractor is experienced in performing the Services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Documents Included in Contract.

This contract consists of:

Technical Noncollusion Affidavit
Certification of Principal
Supplemental Information
General and Special Provisions
Plans
Drawings

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All responsible bid documents (including but not limited to the bid proposal) Notice Inviting Sealed Bids
Instructions to Bidders
Contract Agreement (and all required bonds, insurance policies, endorsements and certificates, permits, notices, and affidavits)
and any Addenda or supplemental agreements or change orders issued by City, as well as any and all referenced specifications, details, schedules, appendices, and attachments, which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern.

1.3 Compliance with Law. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder.

Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. Ready-mix suppliers and haulers delivering materials to public works projects must also comply with Labor Code Section 1720. Both suppliers and haulers of ready-mix materials will need to register with the Department of Industrial Relations as required under Labor Code Section 1725.5. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Contractor will maintain and will require all subcontractors to maintain valid and current California Department of Industrial Relations (“DIR”) Public Works Contractor registration during the term of this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contractor to determine the correct salary scale.

The State Prevailing Wage Rates may be obtained from the DIR pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776.

Contractor shall comply with all statutory requirements relating to the employment of apprentices.

Contractor shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all “Public Works”

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(as defined by the Prevailing Wage Laws), Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of Yorba Linda business license. Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder. Contractor shall be responsible for all subcontractors’ compliance with this Section 1.4.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Officer.

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

1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. It is expressly

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understood by Contractor that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of ________________________________________________ except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments. Prior to the first day of the month, during the progress of the Services, commencing on the day and month specified in this Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the Services during the preceding month and the portion of the Contract Sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made to Contractor from City within thirty (30) days.

City shall pay Contractor a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds.

3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the work is not completed within the scheduled time period as outlined in this Agreement as directed by Agency, it is understood that the AGENCY will suffer damage.

3.2 Schedule of Performance. Contract shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services with the scheduled time period as outlined in this agreement as directed by AGENCY. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon

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the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

3.4 Term. The term of this Agreement shall begin on ___________________ and shall end upon project completion as described in the Bid Specifications unless the term of the Agreement is otherwise terminated or extended as provided for at City’s sole discretion to award multiple years. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate the Agreement, as provided in Section 7.8.

4. COORDINATION OF WORK.

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

It is expressly understood that the experience, knowledge, capability and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer. The “Contract Officer” shall be such person as may be designated by the City Manager of City. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Assignment. The experience, knowledge, capability, and reputation of Contractor, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder in excess of one-half of 1 percent of Contractor’s total bid as to which Contractor’s original bid did not designate a subcontractor in addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the Contract Sum paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

4.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contractor represents that the Services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

4.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from

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those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

4.8 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

5. INSURANCE, INDEMNIFICATION AND BONDS.

5.1 Insurance. Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:

Coverage (Check if applicable) Minimum Limits
(X) Comprehensive General Liability
Insurance (including premises and
operations)
• Commercial General Liability no less
broad than ISO form CG 0001.
• Coverage must be on a standard
Occurrence form. Claims-made not
acceptable.
• Minimum limits: ONE MILLION
DOLLARS ($1,000,000.00) per
occurrence; TWO MILLION
DOLLARS ($2,000,000.00) General
Aggregate; TWO MILLION
DOLLARS ($2,000,000.00) Products/
Completed Operations Aggregate. General
Aggregate must apply separately to the
Services performed under this Agreement.

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Coverage (Check if applicable) Minimum Limits
• Prior written consent is required if the
insurance has a deductible or self-insured
retention in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000).
• Coverage shall be continued for one (1)
year after completion of the Services or
the expiration or termination of this
Agreement.
• City, its elected and appointed officers,
employees, agents, and authorized
volunteers must be additional insureds for
liability arising out of the Services
performed by or on behalf of Contractor,
including the insured’s general
supervision of Contractor, and liability
arising out of products and ongoing and
completed operations by or on behalf of
Contractor. City, its elected and appointed
officers, employees, agents, and
authorized volunteers shall continue to be
an additional insured for completed
operations for two (2) years after
completion of the work or the expiration
or termination of this Agreement.
• The policy definition of “insured contract”
must include assumptions of liability
arising out of both ongoing operations and
the products-completed operations
hazard (“f” definition of insured contract
in ISO form CG 0001, or equivalent.
• The insurance provided to City and its
officers, employees, agents, and
authorized volunteers as an additional
insured must apply on a primary and noncontributory basis with respect to any insurance of self-insurance program
maintained by City.
• Contractor shall provide written notice to
City within ten (10) working days if:
(1) any of the required insurance policies
is terminated; (2) the limits of any of the
required polices are reduced; or (3) the
deductible or self-insured retention is
increased. In the event any of said policies
of insurance are cancelled, Contractor
shall, prior to the cancellation date, submit
new evidence of insurance in conformance
with Section 5.1 to the Contract Officer.
• The policy must cover inter-insured suits
and include a “Separation of Insureds” or

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Coverage (Check if applicable) Minimum Limits
“severability” clause which treats each
insured separately.
• The policy shall contain no endorsements
or provisions limiting coverage for (1)
explosion, collapse or underground
hazard (XCU); (2) products and completed
operations; (3) contractual liability; (4)
third party action over claims; (5) cross
liability exclusion for claims or suits by
one insured against another; or (6)
contain any exclusions contrary to the
Contract.
• Required Evidence of Coverage:
o Copy of the additional insured
endorsement or policy language
granting additional insured status.
o Copy of the endorsement or policy
language indicating that coverage
applicable to City is primary and noncontributory; and o Properly completed Certificate of
Insurance.
(X) Comprehensive Automobile Liability
Insurance (includes owned, non-owned,
and hired automobile hazards)
• ONE MILLION DOLLARS ($1,000,000.00)
per occurrence combined single limit per
accident.
• Coverage must apply to all owned, hired,
and non-owned vehicles.
• City must qualify as an insured.
• Required Evidence of Coverage:
o Copy of the endorsement or policy
language indicating that City of Yorba
Linda is an insured for its vicarious
liability.
o Properly completed Certificate of
Insurance.
(X) Workers’ Compensation/Employers’
Liability Insurance
• Statutory limits as required by the Labor
Code of the State of California, including
Section 3700 of the California Labor Code.
• Employers Liability Statutory with limits
of ONE MILLION
DOLLARS ($1,000,000.00) per Accident;
ONE MILLION DOLLARS ($1,000,000.00)
disease per employee; ONE MILLION
DOLLARS ($1,000,000.00) disease per
policy.
• Policy must include a written waiver of the
insurer’s right to subrogate against City.
• Required evidence of coverage:
o Subrogation waiver endorsement.

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Coverage (Check if applicable) Minimum Limits
o Properly completed Certificate of
Insurance.
( ) Builder’s Risk Insurance (for property
constructed on behalf of City)
• Must cover “all risk” of physical loss
providing coverage, including collapse
from design error.
• Value insured shall cover 100% of
completed Agreement cost.
• Policy maintained until full acceptance of
Work.
• Required evidence of coverage:
o Subrogation waiver endorsement.
o Copy of the endorsement or policy
language indicating that coverage
applicable to City is primary and noncontributory; and o Properly completed Certificate of
Insurance.

5.2 General Insurance Requirements
In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.

Insurance policies must be issued by an insurer with an A.M. Best’s rating of at least A:VII.

Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer
Any insurance maintained by the City shall apply in excess of and not combined with insurance provided by this policy.

City, its officers, employees, representatives, attorneys, and authorized volunteers shall be named as additional named insureds.

No Services under this Agreement shall commence until Contractor has provided City with original endorsements effecting coverage set forth in this Article 5. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator’s company affiliation and title. Should it be deemed necessary by City, it shall be Contractor’s responsibility to see that City receives documentation, acceptable to City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. Current Evidence of Coverage must be provided for the entire required period of insurance. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. Upon written request, certified copies of required insurance policies must be provided within thirty (30) days. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount

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of the premiums for such insurance from any sums due under this Agreement. However, procuring of said insurance by City is an alternative to other remedies City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies City may have upon Contractor’s failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5.3 The name and address for Additional Insured endorsements, Certificates and Notice of Cancellation is: City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California, 92886.

Certificate of Insurance must include the following reference:

In the event Contractor subcontracts any portion of the Services in compliance with this Agreement, the contract between Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless City, its officers, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all actions, either judicial, administrative, arbitration, or regulatory, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities whether actual or threatened (“Claims or Liabilities”) that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the performance of the Services, operations, or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“Indemnors”), or arising from Contractor’s reckless or willful misconduct, or arising from Contractor’s or Indemnors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Contractor shall defend (with counsel selected by City) any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims or Liabilities arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder; and Contractor agrees to save and hold City, its officers, agents, and employees harmless therefrom;
(c) In the event City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the performance of or failure to perform the Services, operation or activities of Contractor hereunder, Contractor agrees to pay to City, its officers, agents, or

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employees, any and all costs and expenses incurred by City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. (d) Contractor’s duty to defend and indemnify as set out in this Section 5.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), Resource Conservation and Recovery Act of 1976 (“RCRA”), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

The provisions of this Section do not apply to Claims or Liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. Contractor’s indemnification obligations pursuant to this Section 5.3 shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

5.4 Labor and Materials and Performance Bonds. Concurrently with execution of this agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.5 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VU or better, unless such requirements are waived by the Risk Manager of City (“Risk Manager”) due to unique circumstances. In the event the Risk Manager determines that the Services to be performed under this Agreement creates an increased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

5.6 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor.

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6. RECORDS AND REPORTS.

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

6.2 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder.

Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them,

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and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

6.4 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. ENFORCEMENT OF AGREEMENT.

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

7.2 Disputes. In the event either Party fails to perform its obligations hereunder, the nondefaulting Party shall provide the defaulting Party written notice of such default. The defaulting Party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting Party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting Party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety, and general welfare, the defaulting Party shall take such immediate action as may be necessary.

Notwithstanding the foregoing, the nondefaulting Party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting Party fail to cure the default within the time period provided in this Section, the nondefaulting Party shall have the right, in addition to any other rights the nondefaulting Party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any Party’s right to take legal action in the event that the dispute is not cured. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.

7.3 Claims. Notwithstanding Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, Section 9204 of the Public Contract Code shall apply to any claim by the Contractor in connection with the Project.

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(a) Upon receipt of a claim pursuant to Section 9204 of the Public Contract Code, the City will conduct a reasonable review of the claim and, within a period not to exceed 45 Days, provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Contractor and the City may, by mutual agreement, extend the aforementioned time period.
(b) The Contractor shall furnish reasonable documentation to support the claim. (c) If City Council approval is needed to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City will have up to 3 Days following the next duly publicly noticed meeting of the City Council after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(d) Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement. If the City fails to issue a written statement, paragraph (i) shall apply.
(e) If the Contractor disputes the City’s written response, or if the City fails to respond to a claim issued pursuant to Section 9204 within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City will schedule a meet and confer conference within 30 Days for settlement of the dispute. (f) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City will provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside those established in Section 9204.
(g) Mediation may include any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in Section 9204. (h) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to Section 9204 shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(i) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of Section 9204 shall result in the claim being deemed rejected in its entirety.

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(j) Amounts not paid in a timely manner as required by Section 9204 will bear interest at 7 percent per annum.
(k) If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of the Contract does not exist, the Contractor may present to the City a claim on behalf of a Subcontractor or lower tier Subcontractor. A Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor present a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be presented to the City shall furnish reasonable documentation to support the claim. Within 45 Days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provide the Subcontractor with a statement of the reasons for not having done so.
(l) A waiver of the rights granted by Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the Contractor and the City may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in Section 9204.

7.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contractor within sixty (60) days after final acceptance of the Services by the City Council of City, after Contractor has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder.

7.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. A Party’s consent to or approval of any act by the other Party requiring the Party’s consent or approval shall not be deemed to waive or render unnecessary the other Party’s consent to or approval of any subsequent act.

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

7.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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7.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of EIGHT HUNDRED AND FIFTH DOLLARS ($850.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the Scope of Services.

City may withhold from any moneys payable on account of the Services performed by Contractor any accrued liquidated damages.

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

7.10 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION.

8.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services under this

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Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS.

9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, California 92886
Attention: Director of Public Works/City Engineer
To Contractor: ________________________________
________________________________
Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventytwo (72) hours from the time of mailing if mailed as provided in this Section.

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

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9.3 Article and Section Headings and Subheadings. The article and section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

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

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

9.6 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

9.8 Invoicing. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date.

Invoices shall be submitted to:

City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, California 92886
Attention: Jesse Gutierrez

9.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

9.10 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this

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Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

CITY:

CITY OF YORBA LINDA, a California municipal
corporation
TBD, Mayor
ATTEST
By:

Marcia Brown, City Clerk
APPROVED AS TO FORM:

By:

Rutan & Tucker, LLP, City Attorney
CONTRACTOR:

By:
(Print)
Signature:

Title:

Address:

By:
(Print)
Signature:

Title:

Address:

Two signatures are required if a corporation.

NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

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

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(PAGE 1 OF 2)

CITY OF YORBA LINDA

FAITHFUL PERFORMANCE BOND

FOR THE

YORBA LINDA FUEL REDUCTION PROJECT
KNOW ALL PERSON BY THESE PRESENTS that, ________________________________ as CONTRACTOR, and , SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum of_________________dollars ($ ) which is one hundred (100%) of the total contract amount for the above stated project, for the payment of which sums, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, including but not limited to, any applicable warranty period required of CONTRACTOR by the Contract Agreement, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

WITNESS our hands this ________ day of _____________ , 20______.

CONTRACTOR (CORPORATION)-TYPE
(SEAL) By
President
By
Secretary/Treasurer
Sage Environmental Group LLC
Single Member LLC
Alissa Cope

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FAITHFUL PERFORMANCE BOND
(PAGE 2 OF 2)
________________________________________________

SURETY'S NAME-TYPE
________________________________________________

MAILING ADDRESS (SURETY)
BY:

Name
(SEAL)
Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED. (ATTACH ACKNOWLEDGMENT.)
BOND APPROVED AS TO FORM:

CITY ATTORNEY - CITY OF YORBA LINDA

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(PAGE 1 OF 2)

CITY OF YORBA LINDA

MATERIAL AND LABOR BOND

FOR THE
KNOW ALL PERSONS BY THESE PRESENTS that, ______________________________.as CONTRACTOR, and , SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum of_________________dollars ($ ) which is one hundred (100%) of the total contract amount for the above stated project, for the payment of which sums, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to be the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.

WITNESS our hands this ______ day of _____________________, 20______.

CONTRACTOR (CORPORATION)-TYPE
By___________________________
President
(SEAL) By __________________________
Secretary/Treasurer

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MATERIAL AND LABOR BOND
(PAGE 2 OF 2)

SURETY'S NAME-TYPE

MAILING ADDRESS (SURETY)
BY:

Name
(SEAL)
Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED. (ATTACH ACKNOWLEDGMENT.)
BOND APPROVED AS TO FORM:

CITY ATTORNEY - CITY OF YORBA LINDA

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COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:

I am aware of the provisions of Section 3700 of the Labor Code which requires 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 work of this contract.

Contractor
By
(PRINT)
(SIGNATURE)
Title
Date
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."

COMPENSATION INSURANCE CERTIFICATE

TO BE SUBMITTED WITH CONTRACT

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CITY OF YORBA LINDA

GENERAL SPECIFICATIONS
FOR

YORBA LINDA FUEL REDUCTION PROJECT

SCOPE OF WORK
To comply with CALFIRE grant requirements reduce fuel loads around structures and high-risk evacuation areas, the City of Yorba Linda must perform annual fuel reduction activities at seven approved properties and maintenance easements which are owned or maintained by the City.

The work to be performed shall consist of furnishing all necessary grazing animals, herdsman, labor, tools, materials, appliances, and equipment necessary to provide fuel reduction activities in open space areas.
• The Contractor shall utilize animal grazing as the first treatment option when appropriate and it is the most economically feasible. Animal grazing can be used in combination with mechanical and chemical treatments during contract period for vegetation management, for the purpose of removing flash fuels in designated areas as defined by the specification. All flash fuels must be trimmed at or below 4” in height.
• The Contractor shall provide clearing of weeds, and brush performed by animal grazing if appropriate and economically feasible. Debris and trash shall be performed by hand in areas either unable to be completed or inaccessible by larger equipment. • The Contractor shall provide hand clearing and thinning of trees, shrubs, and brush This shall be performed by using animal grazing as appropriate and economically feasible or mechanical equipment and hand crews. It shall all be performed based on standards set by Orange County Fire Authority.
• The Contractor shall remove all dead shrubs by using animal grazing if appropriate and economically feasible or by equipment or hand crews to the satisfaction of the City.
• The Contractor shall provide a schedule by March 15 of the year the work is to be completed (with the exception of the first year, when a schedule will be determined within two weeks of the NTP).

Bidders must be familiar with Orange County Fire Authority’s specific requirements for the City’s Fallow and Fuel Modifications Zones where plant spacing, and material removal are critical to avoid fire danger. Please review www.ocfa.org for the most current version of the C05 Guideline. The bidder will be held to the requirements of OCFA for all areas under their authority and should note in those instances the OCFA inspector’s direction shall be in force the same as the City’s Representative. Failure to do so at all times is considered a life safety deficiency that will have automatic deductions and or liquidated damages, to insure the health, safety, and welfare of the public.

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LOCATION OF WORK1
The Fuel Reduction areas covered by this agreement are as follows. Each ‘AREA’ may consist of multiple sections which may or may not be contiguous and are generally located per the following (See also attached maps):
• Site One
• Site Two
• Site Three
• Site Four
• Site Five
• Site Six
• Site Seven
Approximate acres to maintain 69.65 Acres.

See attached maps in Appendix A for greater understanding of service locations. Please note it is up to the contractor to familiarize themselves with all areas and types of required maintenance. No relief will be given for failure by the contractor to fully understand the scope and requirements of this contract. Please submit requests for information and be prepared for a pre-bid meeting prior to submitting a bid. All questions shall be submitted in writing and will be distributed to all bidders if any clarification is given.

STANDARD SPECIFICATIONS
The Standard Specifications of the AGENCY are contained in the latest edition of the VEGETATION MANAGEMENT GUIDELINE: TECHNICAL DESIGN FOR NEW CONTRUCTION FUEL MODIFICATION PLANS AND MAINTENANCE PROGRAM (GUIDELINE C-05), as written by OCFA. Copies of these Standard Specifications are available on their website:
https://ocfa.org/Uploads/CommunityRiskReduction/OCFA%20Guide-C05- Fuel%20Modification.pdf
The Standard Specifications set forth above will control the general provisions for this contract except as amended by the Plans, General Specifications, Special Provisions, Technical Specifications or other contract documents.
1 Acreage listed are derived from spatial reference data (GIS) and slope factors utilized to improve accuracy where warranted.

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In case of conflict between the Standard Specifications and the General Specifications or Special Provisions or Technical Specifications, the General Specifications and Special Provisions and Technical Specifications shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.

WAGE RATES AND LABOR CODE REQUIREMENTS
Wage Rates
The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Secretary of the Board of Directors and are available for review upon request.

Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code, Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

RESOLUTION OF CONSTRUCTION CLAIMS
Effective March 1, 1991, Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, nonbinding judicially supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. "Public work" has the same meaning as in Section 3100 and 3106 of the Civil Code," (20104 (b) (1)).

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"Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise entitled to, or (C) and amount the payment of which is disputed by the local agency. (20401(b) (2)).

The following requirements apply to all contracts entered into after March 1, 1991, and all claims to which this section applies: (All references are to Section 20141.2 et seq.). (a) The claim shall be in writing and include the documents necessary to substantiate the claim.

Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (c) (1) For claims over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond on writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after the receipt of further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.

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(e) If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. 20104.6.(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law."

CLAYTON ACT AND CARTWRIGHT ACT
Section 4551 of the State Government Code specifies that in executing a public works contract with the AGENCY to supply goods, services or materials, the CONTRACTOR or Subcontractor(s) offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the AGENCY tenders final payment to the CONTRACTOR without further acknowledgment by the parties.

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SUBSTITUTION OF SECURITIES
In conformance with the State of California Government Code Chapter 13, Section 4590, the CONTRACTOR may substitute securities for any monies withheld by the AGENCY to ensure performance under the contract.

At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent who shall pay such monies to the CONTRACTOR upon notification by AGENCY of CONTRACTOR’s satisfactory completion of the contract.

The type of securities deposited and the method of release shall be approved by the City Attorney’s office.

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CITY OF YORBA LINDA

SPECIAL PROVISIONS
FOR

YORBA LINDA FUEL REDUCTION PROJECT

6. SCHEDULES

6.1 ANNUAL PERFORMANCE SCHEDULE

6.1.1 The enclosed annual schedule indicates the time frames when items of work shall be accomplished per the performance requirements. The Contractor will provide a draft schedule of annual fuel reduction activities to meet performance standards outlined, to be submitted by March 16 of each calendar year with the exception of the first year when the schedule will be provided within two (2) weeks following the NTP.

Flash fuel removals shall commence when the targeted species have dried out to a significant degree and are no longer actively growing, prior to the start of fire season. Trimming and removals of trees shall preferably occur outside of nesting bird season. If this cannot be avoided, the Contractor will work with the City’s representative to schedule required biological compliance surveys to avoid impacts to wildlife.

The proposed work schedule will likely be adjusted periodically by the City representative to better coincide with noted regrowth or tree infestation within each area.

Failure by contractor to complete scheduled vegetation management tasks may result in liquidated damage per section 6.9.

Phase of Project Proposed Grant
Schedule
Fiscal Year
Schedule
Year 1 December 1, 2022-
March 15, 2023
December 1, 2022-
June 30, 2023
Year 2 March 16, 2023-
March 15, 2024
July 1, 2023- June
30, 2024
Year 3 March 16, 2024-
March 15, 2025
July 1, 2024- June
30, 2025
Year 4 (Optional pending
CALFIRE approval and
budget allowances)
March 16, 2025-
March 15, 2026
July 1, 2025-March
15, 2026

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6.1.2 The Contractor shall meet all scheduled time frames without further direction from the City. Failure to meet all scheduled time frames will result in immediate performance-based compensation deductions per section 6.9

6.1.3 The Contractor shall submit revised schedules when actual performance will differ substantially from planned performance.

Alterations in the performance schedule at the request of the vendor must be received by the City Representative within 48 hours before work was to begin. Failure to do this may result in performance-based compensation (deduction) per section 6.9.

6.1.4 The City Representative shall approve all schedules and revisions prior to implementation.

6.1.5 Contractor to provide a list of all holidays that the contractor observes throughout the year.

6.1.6 The Contractor is given reasonable latitude in establishing work schedules that correspond to Contractor’s manpower and equipment resources. The Contractor also has the opportunity to adjust those schedules to meet special circumstances with prior City representative approval.

6.2 MONTHLY SCHEDULE

6.2.1 The Contractor shall provide the City’s Representative with the appropriate Monthly detail work schedule at least ten (10) days prior to starting work.

6.2.2 The schedule shall include all sites to be maintained per the contract each month. Failure to perform a service on the approved scheduled day may result in deductions per section 6.9.

6.2.3 Failure to notify the City Representative of a need to alter a work schedule for any reason (including weather) or to perform an item or work product the morning that it was to occur shall result in deduction for failing to perform per schedule (per section 6.9).

6.2.4 The City’s Representative shall direct or approve CONTRACTOR submitted changes in the annual schedule or monthly at least two (2) days in advance.

6.2.5 The Contractor will email the City’s Representative each morning by 7:30 a.m. with a roll call that identifies that day’s tasks, herd areas, crew

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members including names, titles, vehicles, service locations by site number and any other information regarding work tasks. Failure to notify the City’s Representative each morning by 7:30 a.m. may result in liquidated damage per section 6.9.

6.3 PERFORMANCE PER SCHEDULE

6.3.1 The Contractor shall complete all the tasks or portion of the tasks that are scheduled for the Site on the day per the approved schedule. Tasks that are, not completed, or missed shall receive a schedule deduction per section 6.9.

6.3.2 Performance deduction timeline
The City will enforce the contract specifications through progressively increasing the Liquidated Damage of $300.00 per the following sequence:
• First deduction – immediate for schedule, noncompliance, damages, or failure to meet deadline on service request or punch list.
• Second deduction- 72 hours after first notice
• Third deduction – 48 hours after second notice
• Daily after Third notice until punch list or service request is completed.

6.3.4 Performance deficiencies (Punch lists or Service Requests) will be communicated to the Contractor via e-mail message (potentially including an Excel spreadsheet) or verbally if urgent followed by email.

The vendor is to reply within 24 hours clearly stating which items are complete and when the remaining items are scheduled to be done.

Failure to follow-up on a punch list response or failing to meet an agreed upon completion time shall result in a deduction per section 6.9.

6.3.5 Unless otherwise agreed upon by the City Representative, it is expected that deficiencies will be addressed within three working days of issuance of a punch list or Service Request(s). If it is necessary to complete a task in a shorter timeframe the City Representative will specify the deadline in writing.

6.3.6 Non-written Punch List/Service Request items may periodically be relayed to the Contractor’s representative via phone. These will typically be higher priority items which would require more immediate attention. Public safety issues shall be addressed within 30 minutes (during normal working hours 7:00 a.m.- 3:30 p.m.). Otherwise, these items should be addressed before the end of the work day in which the call is received unless City Representative approves waiting longer.

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Failure to complete requested task will result in deductions per section

6.9. 6.3.7 Response to requests for work outside normal working hours is one hour.

6.4 PERFORMANCE DURING INCLEMENT WEATHER AND SANTA ANA WINDS

6.4.1 During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. Crews are expected to work in the rain for all tasks that are safe given the conditions. At no time may the contractor cut crews or send them home early without prior approval and a revised schedule demonstrating how the missed work will be completed.

6.4.2 Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work accomplished. Inclement weather does not relieve the contractor of the normal vegetation managementtasks to be completed annually per schedule.

6.4.3 The Contractor shall remove all branches and debris resulting from inclement weather, as directed or found. This is applied to miscellaneous branches and.

6.4.4 Drains and v-gutters shall be checked and cleaned to prevent localized flooding and erosion damage throughout the day.

6.4.5 Sandbags will be checked throughout the day to remove and manage their sediment movement. Crews will be required to remove sediment, reset bags, and maintain trails surfaces

6.4.6 At no time will sediment, debris, or trash be thrown on landscape plantings or placed above drains where it can migrate back into drainage structures- any instances found in the package will receive a deduction per site per section 6.9..

6.4.7 The City has locations that may be used by the Contractor to deposit removed sediment with prior request and approval. Note locations may be outside of the project site, but within City boundaries.

6.4.8 Before the Contractor leaves the site at the end of the workday, his/her representative must certify via email all areas within the package are secured and left in a safe manner.

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6.4.9 Any areas requiring outside resolution or clean up by others as the result of the Contractors actions or in-action during normal working hours will be viewed as damages to the City with restitution being taking from the Contractor as required.

6.4.10 During severe storm events, Contractor may be required to provide multiple Inclement Weather Crews to assist with the cleanup of the public right of way in a timely manner at no additional cost to the city.

6.5 DAMAGE REPAIR

6.5.1 All damages to City property by the Contractor’s operations shall be reported immediately to the City’s Representative. Failure to report damages will result in administrative actions against the Contractor.

6.5.2 All damage incurred by the Contractor’s operations shall be reported immediately. The City at their discretion may elect to have another contractor repair or replace damaged property at the contractor’s expense.

6.5.3 All landscape repairs will comply with highest industry standards. Turf areas shall be repaired with new sod. Shrubs and trees are to be replaced with like sized materials of excellent quality. All plants shall have a 1-year warranty. Soil that has been displaced during maintenance operations shall be replaced per City direction at no expense to the City.

6.5.4 Irrigation repairs shall be completed within twenty-four (24) hours using approved materials.

6.5.5 General non-water wasting landscape facilities’ repairs shall be completed within three (3) calendar days and shall be repaired using only pre-approved materials. Water wasting repairs are more urgent, requiring same day attention.

6.5.6 The Contractor is responsible for all repair-related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the City’s Representative.

6.5.7 Ruts in turf or planters caused by the Contractor’s maintenance operations shall be repaired per City direction at no expense to the City.

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6.6 INSPECTION

6.6.1 The Contractor’s Representative shall inspect all project location areas daily and be on site during working hours to supervise the day-to-day vegetation management operations.

6.6.2 The Contractor’s Representative shall meet at least weekly with the City’s Representative to review the Contractor’s schedules and performance, resolve problems and perform field inspections, as required. At the request of the City Representative the owner or other more senior contractor representative shall be available to attend these meetings.

6.6.3 All drainage structures shall be checked weekly and cleaned at a minimum of once per month, and as needed during rain events to keep these facilities functioning as intended during the rainy season.

6.6.4 City inspection staff is not to be relied upon to direct or correct vendor staff, it is required that the vendor provides adequate supervision so that the Contractor’s Representative is fully aware of site conditions, quality of work, and is communicating any issues pro-actively per section 6.9.6.

6.8 RECORDS/REPORTS

6.8.1 The Contractor shall prepare and submit a detailed monthly schedule to the City’s Representative. This report shall indicate the areas where the detail crew will be working. At the Contractor’s discretion this report can be submitted on a weekly basis instead. If Contractor is consistently behind schedule and cannot implement a strategy to improve compliance, deductions based on number of sites that are out of compliance will be imposed per section 6.9.

6.8.2 Herbicides/Pesticides

6.8.2a Pesticides is not the preferred treatment, however when suitable it shall be approved by the City Representative prior to use. A written recommendation of proposed pesticides,
including commercial name, concentrations, application rates, usage and reentry time shall be prepared by a licensed
California Pest Control Advisor and site-specific schedule submitted a minimum of twenty-one (21) days prior to intended use.

The City is sensitive to the need to preserve Honey Bees in the urban environment. To this end we discourage the use of

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materials that carry a specific pollinator protection warning. In cases where such materials are the only viable alternative then the timing of applications shall be planned out so treated plants will not be in a bloom period within 90 days and any existing flowers are trimmed off the plants during the ensuing 90 days.

No work shall begin until approval of use is obtained from City Representative and a notice of intent has been filed with the County Agricultural Commissioner’s office, when required.

Copies of Material Safety Data Sheets and specimen labels shall be given to the City prior to pesticide use on City property and easements.

6.8.2b Chemicals shall only be applied by those persons possessing a valid California Qualified Applicator License/ Certificate as defined by California Department of Pesticide Regulations (CDPR) regulation. Application shall be in strict accordance with all governing regulations. Records of all operations shall be kept per CDPR requirements and forwarded monthly within 5 Five days of the end of the month.

6.8.2c Herbicides/Pesticides Application Shall be applied in a manner to avoid contamination of non-target areas. Precautionary measures shall be employed to keep the public from entering the application zone until the chemical has either dried (spray) or dust has settled completely. The contractor’s spraying staff will remain on site until the area is safe for the public to enter.

The Contractors spraying staff will also include an indicator dye if requested as a mean to validated target application and general compliance at the request of the City’s Representative.

6.8.2d Monthly application reports are required by the 5th day of the following month that state, the sites that were treated by day, amount and type of Herbicide/Pesticide, and total area covered.

Any sites that are not treated with documented weeds/pests will receive a schedule deduction of $500.00 per 6.9 per site.

6.8.2e Annual use report due by July 10 of each year will have the total amount of chemicals, including fertilizers, and pesticides used on City property per CDPR and NPDES requirements.

6.8.2f Orange County Agriculture Commission (OCAC) is requesting that contractors notify the City pro-actively of when any chemical application is scheduled. This should be incorporated into the monthly detail schedule which the vendor is already preparing per section 6.8.1. All applications of Rodenticides

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must be preceded by a Notice of Intent (NOI) to the OCAC. When Contractor submits an NOI, the City Representative should be notified via e-mail with a copy or recap of the NOI so City is also aware of such applications of restricted materials.

6.8.2g Copies of current P.C.A., P.C.O., Q.A.L./C. and Orange County P.C.A. registration shall be required annually in January.

6.8.3 Green Waste Organics Report:

By the 15th of each month the Contractor shall submit to the City Representative a recap of how many tons of organic green waste was generated and what was done with it during operations the prior month:

A. The site the green waste was removed from.

B. The weight of the organic green waste (tons).

C. The company that is doing the organics recycling.

D. The name of the vendor’s company, and month of record.

6.9 PERFORMANCE ADJUSTED COMPENSATION INCLUDING DEDUCTIONS

6.9.1 Schedule Failure:

6.9.1a Failure of the Contractor to adhere to approved schedules will result in damages to the City for the additional cost incurred in the inspection, administration, and complaint response due to service request made by the public.

6.9.1b Three hundred dollars ($300.00) shall be deducted from any moneys payable on account of the Services performed by
Contractor for any accrued deductions. These deductions may be assessed on a per site basis or a per event basis, at the discretion of the City Representative

6.9.1c The City shall deduct the amount indicated in section 6.9.1b for each such failure should the Contractor fail to adhere to the service schedule. For example, if 3 sites are scheduled for a given day and no crew activity takes place a total fine for that day would be $1,500 or 3 sites times $300.00

6.9.2 Performance Failures

6.9.2a Minimum Staffing Requirements

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i. Three hundred dollars ($300.00) each working day. City may withhold from any moneys payable on account of
the Services performed by Contractor any accrued
deductions for failure to meet minimum staffing
requirements as detailed in section 6.15. The deduction may apply for each missing staff.
ii. Three hundred dollars ($300.00) each missed scheduled working day. City may withhold from any moneys
payable on account of the Services performed by
Contractor for any accrued deductions for each nonapproved Pesticide/ Herbicide Applicator technician as determined by the City Representative. The deduction
may apply for each missing staff.

6.9.2b Failure of the Contractor to perform to contract specifications will result in damages to the City for the additional cost incurred in the inspection, administration and complaint response due to service request made by the public. City may withhold from any moneys payable on
account of the Services performed by Contractor for any accrued deductions.

The Contractor shall incur a penalty in the amount of Three hundred dollars ($300.00) for each task not performed to an acceptable standard as determined by the City
Representative. This includes Contractor gaps in having sufficient qualified staffing on site, e.g. nonqualified irrigation specialist, QAL licensed applicators.

6.9.2c Continued documented failure of the contractor to provide services per contract specifications shall give the City the right to deliver the services by other means for said
deficiencies and back charge the incumbent contractor (via deductions) for the incurred costs associated with having the work completed by other means. The Contractor will be notified to stop service for any given site until the area has been brought back into full compliance by others. The
Contractor will also not be able to bill for any areas removed from their service while in the maintenance of others.

6.9.2d The Contractor shall be notified in writing (e-mail) each time Contractor’s performance is unsatisfactory and corrective action is necessary as defined by 6.9.2a above.

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6.9.2e Contractor must adhere to all applicable Federal, State and Local NPDES and Water Wasting regulations. Any
NPDES/Water Wasting fines assessed the City by Regional Water Quality Control Board/Water Districts for Contractor violations will be paid for by Contractor.

6.9.2f The City shall give notice to the Contractor to terminate this contract thirty (30) days prior to termination if deficiencies continue to occur.

6.10 SUPERVISION

6.10.1 The Contractor shall provide a Contract Representative who can communicate effectively in written and oral English and who shall be present at all times during contract operations as described in this contract. Any order or communication given to the Contractor’s Representative shall be deemed as delivered to the Contractor. This representative’s time, during normal working hours and days, shall not be billed to any extra work project. Communications with this representative will be primarily emailed based for documentation purposes but also may include phone and or text-based options depending on items. The representative must be able to receive, review, and comment on all forms of standard office file types, including word documents, PDF’s, images, pictures, etc.

6.10.2 Any plan or method of work suggested by the City Representative to the Contractor, but not specified herein, if adopted by the Contractor shall be done at the risk and responsibility of the vendor.

6.10.3 Contractor shall adequately supervise personnel so that their operations do not impact private property unnecessarily. Under no circumstances should Contractor enter private property without prior documented authorization from the resident or the City
Representative.

6.10.4 If the Contractor Representative or any of the Contractor’s staff are determined to be ineffective, uncooperative, dangerous, and or incompetent by the City representative the Contractor shall remove them immediately and replace them within 5 days of notice. At the contractor’s request with City approval this can be delayed up to 30 days for a re-training period to allow improved performance to be achieved.

6.10.5 It is required that Contractor ‘s supervisor(s) be on site at all times to inspect all maintenance areas and direct contract compliance, rather

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than relying on City representative or City Service Requests/punch lists for direction.

6.11 COMMUNICATION/EMERGENCY RESPONSE

6.11.1 The Contractor shall have the ability to contact its field crews and respond within thirty (30) minutes of notification by the City during normal working hours.

6.11.2 The Contractor shall be available twenty-four (24) hours per day, seven (7) days per week to respond to all emergencies (grazing animals have escape the site, fallen trees, or broken/stuck irrigation) within (30) minutes of notification or “attempted notification.” If Contractor cannot be notified or does not respond in a timely manner, liquidated damages will be assessed commensurate with the expenses incurred by the agency due to the contractor’s failure. In no case will the damage be less than the typical assessment defined in section 6.9.

6.11.3 The Contractor’s Representative shall have a modern (smart) portable cellular telephone with the ability to handle all office correspondence.

The phone number shall be given to the City’s Representative. The Contractor’s Representative shall be accessible for communication during normal work hours.

6.11.4 The Contractor shall email the City’s Representative daily prior to 7:30 a.m. to document crew locations and work schedules.

6.11.5 The Contractors Representative shall be available to meet the City Representative when requested without a delay of more than one hour.

6.12 WORKING DAYS/ HOURS

6.12.1 Workdays are Monday through Friday. Saturday, Sunday, or City Holiday work must be scheduled with prior approval, or in emergency situations. Exceptions are grazing animal monitoring, litter pick-up, and storm clean-up/drain patrolling. City Statute prohibits the use of power equipment prior to 9am on Weekends/Holidays.

6.12.2 Contractors crews are responsible to be on site from 7:00 am to 3:30 pm daily including field supervisors. The exception is the herdsman who should be monitoring the herd 24/7. Contractor is responsible to make all arrangements necessary to accommodate the mandatory work hours at no additional cost to the City. If crews are documented to be leaving early and or deviating from the set schedule without prior authorization a deduction of three hundred dollars ($300.00) per incident will be incurred.

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6.12.3 The Contractor shall be responsible for City representative’s overtime and other related City costs for work performed at the Contractor’s discretion on weekends and holidays that may require verification and inspection by a City employee.

6.12.4 Weekday working hours shall be no earlier than 7:00 a.m. and no later than 3:30 p.m. Preapproved modification to work schedule, pesticide applications, and emergencies are the only exceptions.

6.12.5 The Contractor will have staff available for immediate phone contact (not an answering service), Monday through Friday, between 6:30 a.m. and 4:30 p.m. to respond to callouts, questions and verification of schedules.

6.13 DISPOSAL

6.13.1 Contractor shall dispose of landscape debris through an organics green waste material recycling center or landfill (pending any infested materials). Final product must be weed free and approved by the City and shall have a consistent form and quality. Contractor shall not dispose of landscape debris in a landfill unless it is not accepted by a recycler. The Contractor shall legally dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses.

When working in medians, debris and tarps shall be kept off the road surface unless there is a fully delineated lane closure in effect.

6.13.2 Trash is to be removed from the site daily as found or reported. Leaving trash behind, placing it under or behind plantings, and or throwing it into other areas is not allowed. Any workers documented disposing of trash and debris illegally will be removed from the City and barred from returning. Any incidents that involve Contractors crews blowing, raking, and or disposing of debris in Drainage facilities will incur and automatic deduction of $500.00 per incident with the Contractor being held responsible for any fines or penalty’s due to NPDES violations and subsequent required clean activities. The Contractor shall pay all disposal fees generated by the maintenance and clean-up of the contract. At no time is the Contractor permitted to use City dumpsters, trash cans, and or other refuse collection facilities.

6.14 TRAFFIC SAFETY

6.14.1 The Contractor shall comply with all State and City regulations and guidelines regarding traffic warning devices and procedures, which include delineation of lane closures including arrow boards and work area warning signs and devices per the Manual on Uniform Traffic

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Control Devices (MUTCD) for streets and highways latest edition.

Closure of travel lanes as required for safe working conditions are the responsibility of the Contractor, including but not limited to supplying of the required arrow boards, advanced warning signs, and traffic cones.

Contractor must conduct arterial median detail operations in such a manner that trimming equipment, personnel and debris do not occupy the adjacent traffic lane in any manner. If the contractor must close a lane to work safely, contractor shall advise City representative and the conditions must conform to the above referenced manual.

6.14.2 All contractor vehicles when parked in the bike lane shall have a minimum of 5 each 28”-36” high traffic delineation cones with two reflective bands forming a taper extending from the right rear corner of the vehicle to a minimum of 40 feet behind the vehicle near the curb.

Old, darkened, or short cones which would not be expected to attract necessary attention of motorists or cyclists cannot be utilized for this purpose.

Long-term bike lane closures shall include work area warning signs for bicyclists, such as “bike lane closed ahead” and proper delineation for closures of the bike lane. If encroachment into a traffic lane occurs, the lane should be closed with the above procedures for arterial lane closures.

Work in medians shall not begin until 9:00 a.m. and shall be concluded by 3:00 p.m. so that personnel are not on medians during high volume traffic conditions. Work on medians outside this timeframe must be approved by the City Representative.

Where vehicles are being used to service an area or must travel in an active lane, this vehicle must be equipped with high visibility strobe/LED beacons which actively tell oncoming traffic which way to merge. Such beacons cannot be obstructed by other equipment and must be utilized throughout the application.

Vendors are to always park off major arterial roadways and park rather on cross streets that have less traffic during any contractor operations unless loading / unloading or the nearest cross street is more than 1,200 feet from the work site.

6.14.3 Working hours on arterial streets requiring a traffic lane closure will be 9:00 a.m. to 3:00 p.m. only.

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6.14.4 Failure on the part of the contractor to safely close lanes and adhere to all other guidelines associated with maintenance operations adjacent to roadways will incur a $500.00 deduction per infraction.

6.15 CONTRACTOR PERSONNEL AND EQUIPMENT

6.15.1 Contractor shall provide the minimum staffing per the contract specification during contract operations. Failure to do so will result in monetary deductions per 6.9.

Minimum Staffing:
a) Supervisor – The Contractor shall provide one (1) permanent full-time supervisor who will communicate effectively both in written and oral English. The supervisor shall have minimum of five (5) years’ experience in weed abatement supervision. The Supervisor shall have knowledge and experience in weed abatement. The supervisor shall be responsible for monitoring and executing the Yorba Linda fuel Reduction Project Contract. The supervisor shall be present within the city limits at all times during contract operations. The supervisor shall be solely dedicated to the Yorba Linda fuel Reduction Project contract and not be shared with any other contracts. The Contractor shall receive a deficiency deduction per section 6.9 for each working day, or part of the working day, the supervisor is not present or found not to be within the city limits without explanation. If the supervisor needs to leave the city limits during the designated hours of operation, the Inspector shall be notified by telephone within one (1) hour with an explanation.

Note: The Supervisor shall not be a working Supervisor/Foreman.

The Supervisor shall be responsible for inspection of all sites under contract on a daily basis. While inspecting, punch list of work items deficient and/or work performance shall be reported to the proper personnel and the Inspector.
b) Foremen – The Contractor shall provide a foreman who communicate effectively both in written and oral English and who shall be present, within the city limits, at all times during the days of contract operations. Any order or communication given to this foreman shall be deemed as delivered to the Contractor. The Contractor shall receive a deficiency deduction per section 6.9 for each working day, or part of the working day, the foremen is not present or found not to be within the city limits without explanation.
c) Landscape Maintenance Laborers – The Contractor shall provide adequate numbers of full- time landscape laborers to fulfill the clause of the contract. The general responsibilities of the landscape

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maintenance laborers shall be hand clearing of weeds, brush, trash and debris pick-up, shrubs/groundcover trimming. The Contractor shall receive a deficiency deduction per section 6.9 for each working day, or part of the working day, the Landscape Maintenance Laborers are not present or found not to be within the city limits without explanation.

The following is a breakdown of the minimal number of full-time landscape laborers:
a. Hand Clearing – Adequate to handle performance
d) Equipment Operator – All motorized equipment shall be operated by a qualified, cooperative, trained operator. The operator shall be trained in weed abatement work of the type required by the specifications.

Operators must speak, read and understand the English language. e) Herdsman – The herdsman shall be present within the city limits at all times during animal vegetation management operations. The herdsman shall be on site and monitoring the herd and dogs twentyfour hours a day, seven days a week. The Contractor shall receive a deficiency deduction per section 6.9 for each working day, or part of the working day, the Herdsman is not present or found not to be within the city limits without explanation.

6.15.2 No personnel shall be employed on any work site under these specifications that are found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the City’s Representative, shall be discharged, or removed from work on City jobs immediately. Any personnel that damage, vandalize, and or remove city property will be removed off site immediately and the Contractor will be liable for all costs and or damages.

6.15.3 All contract personnel are working as extensions of the City and must present themselves in a professional manner. Crew members shall wear uniform shirts with the company name or logo printed on them, and they shall wear reflective safety vests while working within the roadway rights-of-way. The uniform shall be clean and presentable and shall have a visible Identification Badge listing name, position, and office contact information. All crew members shall also have appropriate safety equipment such as work boots (tennis shoes are not acceptable) and gloves. Pesticide/herbicide applicators shall use all PPE required by labeling or County statute.

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6.15.4 All Contractor trucks and other vehicles shall be of one color with the Contractor’s name or logo clearly identified. All vehicles and equipment shall be in good condition and clean in appearance. Vehicles with damage, failing paint, and or insufficient safety lighting will not be permitted. All loads will be properly covered to prevent loss of material per local vehicle codes.

6.15.5 The Contractor shall comply with the provisions of the Immigration Reform and Control Act of 1986, Public Law 99-603.

6.15.6 The Contractor shall provide supervision with the required experience and training to manage all contract aspects, including scheduling, field direction, quality control, and City Representative interaction.

6.15.7 The Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. The tracking technicians will have journeyman level skill and experience regarding the maintenance (tuning and troubleshooting) of all irrigation systems on site and the required pipefitting skills necessary to make common pipe repairs, including galvanized pipe where it exists. Technicians will have vehicles equipped with all tools required to do general repairs and diagnosis wire tracking/ communication issues. Technicians who do not exhibit the necessary skills shall be re-trained or replaced within 30 days of notification of the personnel deficiency. Contract deductions shall be taken for failure to perform each task per specification that is found out of compliance or has not been tracked.

6.16 WORKMANSHIP

6.16.1 All work shall conform to the, OCFA’s most current version of the C05 Vegetation Management Guideline, or to the City’s satisfaction.

Please note that OCFA’s C-O5 Guidelines have a pending update for January 2023. The bidder will be held to the requirements of OCFA for all areas included in this project authority and should note in those instances the OCFA inspector’s direction shall be in force the same as the City’s Representative. All final interpretations or intent of the plans and details are based on the sole direction of the City Representative.

6.16.2 Standards of performance for all work shall comply with specifications and highest industry standards for commercial landscape maintenance. Any failures to meet standards will be remedied per the decision of the City Representative, either through section 3.10 or in cases where compliance cannot be achieved, reduction in scope of work or termination of the agreement, etc.

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6.16.3 In any case where the City Representative deems a mistake is made by a vendor or his sub-contractor while applying any pesticide or herbicide where landscape damage occurs, the vendor will remove 6and replace affected material. If non-target application affects walks, fencing, or other city and or private property it will be the responsibility of the Contractor to remedy to the full extent required by the City representative or private property owners.

6.17 VANDALISM/DAMAGES

6.17.1 The City shall reimburse to the vendor the costs for repairs required due to vehicular vandalism. The City Representative will authorize the work prior to making the repairs via written proposal prepared by the contractor. The contractor shall be required to submit detailed invoicing to establish the cost of materials and labor

6.17.2 The Contractor shall notify the City Representative immediately when vandalism is discovered and document the approximate cost to repair the damage. At the discretion of the City Representative the Contractor will be authorized to initiate repairs or will request a written quote be submitted. The contractor may be required to submit invoicing to establish the cost of materials.

6.17.3 Any vandalism or damage caused by the Contractors staff and or vehicles must be reported immediately after the occurrence to the City Representative in writing documenting the staff involved, how the incident occurred, and what safety measures or cleanup was required. For items damaged that are outside the Contractors scope, the City will have other contracted suppliers address and then back charge the Contractor for cost and administration time. The City Representative has final authority on the extent and requirements of repair and replacement of affected items. Failure to report incidents will result in a deduction of $500.00.

6.18 EQUIPMENT

6.18.1 The Contractor shall use only approved equipment during operation of this contract.

6.18.2 The Contractor shall have, or be able to acquire through rental, backup equipment necessary to complete that day’s routine and/or specialty tasks. This back-up equipment must arrive on site and ready to continue service within two (2) hours from the time the existing equipment has failed to work properly. No relief from

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schedule will be given due to Contractor failing to provide the required equipment for scheduled tasks.

6.18.3 All equipment shall be in good working order and be regularly maintained. The City Representative shall order off City property all equipment that, is used without all manufacturer installed safety guards and devices in place, any leaking, and or causing damage to turf and facilities.

6.18.4 All power equipment utilized in the City of Yorba Linda must meet the current noise reduction standards for 2-cycle equipment which is a limit of 86 decibels at fifty (50) feet.

6.18.5 All power equipment shall be of model year 1998 or newer in order to meet air pollution standards. The only exception to this will be specialty equipment that is only used for a few hours to a few days

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CITY OF YORBA LINDA

PERFORMANCE MEASUREMENTS/SPECIFICATIONS
FOR

YORBA LINDA FUEL REDUCTION PROJECT

7.1 WORKING RELATIONSHIPS
The Contractor will need to maintain pro-active communication with the City Representative throughout the year prior to any activities being conducted.

Coordinating work schedules and general progress plans and work locations must be communicated clearly so City Staff is aware of Contractor activities, so citizen inquiries can be managed more easily.

Expected Results – that both parties are communicating effectively so that complaints and quality control issues are dealt with quickly and effectively.

Additionally, collaboration with OCFA may be required with fuel reduction activities associated with Site 2. Should it be determined the Contractor crew work in conjunction with the OCFA crew, the City Representative will set up a meeting prior to work in order to designate responsibilities for those efforts.

7.2 BEST MANAGEMENT PRACTICES

7.2.1 Use of Park Trails and Roads
The City’s Representative must be notified if the Contractor needs to temporarily close a park trail or park road for public safety. No work shall be done at times when, in the discretion of the City Representative, weather or site conditions are unsafe or likely to cause damage to park trails, roads, natural or cultural resources.

Damages or alterations (unless pre-approved) to drainages, City roads, parking lots or fire roads will be repaired to City standards at the sole cost of the Contractor. Traffic control will be the sole responsibility of the Contractor. Flaggers shall wear highly visible orange, yellow-green, or fluorescent-colored garments and shall use advance warning signs, cones, and STOPS/SLOW paddles.

Contractor agrees to minimize and restrict non-essential driving on park trails or roads in rainy weather, and to consult with City where rutting or other trail damage is threatened.

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7.2.2 Prevention of the Spread of Invasive Species
To control the spread of non-native, invasive, and noxious pest plant species as well as pests and pathogens, all
equipment and vehicles shall be kept clean while entering and exiting each site.

The targeted pest plant species that shall be monitored in order to avoid spreading from one work site/polygon to
another site are:
• yellow starthistle (Centaurea solstitialis)
• purple starthistle ( C. calcitrapa)
• artichoke thistle (Cynara cardunculus)
• fennel (Foeniculum vulgare)
• Fuller’s teasel (Dispacus sativus)
• wild teasel (D. fullonum)
• French broom (Genista monspessulana)
• Scotch broom (Cytisus scoparius)
• Spanish broom (C. multiflorus)
• medusahead (Elymus caput-medusae)
• German ivy (Delairea odorata)
• greater periwinkle (Vinca major)
• puncture vine (Tribulus terrestris)
• perennial pepperweed (Lepidium latifolium)
• oblong spurge (Euphorbia oblongata)
• barbed goatgrass (Aegilops triuncialis)
• Harding grass (Phalaris aquatica)
• ripgut grass (Bromus diandrus)

7.3 ANIMAL GRAZING- GENERAL TERMS
Contractor agrees to supply, utilize, and care for grazing animals, such as goats/sheep to graze during the contract period, for the purpose of removing potentially flammable vegetation (flashy fuels) in the designated parcels. All grasses or other weeds must be trimmed at or below 4” in height.

In general, the plan of operation shall be to confine the livestock within the designated parcels using portable electric fencing, or other methods approved by City, until the agreed upon level of grazing in the parcel is completed, and then move the grazing stock to the next parcel or parcels.

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Contractor shall preform and complete all grazing management each year of the agreement or as agreed upon by City representative. The transporting of goats/sheep from parcel to parcel will be via Contractor supplied trailers. Transportation rates shall be approved by City representative.

City or City Representative shall periodically inspect the area being grazed and notify Contractor when enough vegetation has been removed and grazing is complete. Contractor shall take care to avoid soil erosion problems caused by temporary overstocking, such as exposing bare soil excessively in grassland areas and causing excessive powdering of soil. Contractor shall take care to protect trees of 4 to 8 inches or greater in diameter base height (DBH) from bark striping or girdling damage, by using tarps, portable fencing, or other means.

The goats/sheep shall be completely fenced in at all times.

7.3.1 Grazing Management Plan
Prior to beginning each grazing area, Contractor will meet with City’s representative for orientation and scoping of the work plan which may include other personnel as required. Standards for completed grazing will be prepared in written form and agreed to at the meeting. The grazing management plan shall include, but not be limited to:
a) Number of goats that shall be assigned to the area.

Contractor shall provide the number of goats necessary
to meet the schedule requirements.
b) Type and number and typeof guardian animals to be
stationedwith theherd and the containment plan.
c) Detailed plan for the mobilization and demobilization process.
d) The plan for removal of any toxic plant or debris that cannot be removed through the grazing process.
e) The plan for removal of any plant or debris that cannot be removed through the grazing process.
f) The plan for watering of livestock, care and treatment of livestock and guardian animals while on duty, as well as, safety and well-being of the animals must be included.
g) Overnight confinement plan for goats, if applicable. h) Overnight shelter use plan for person doing overnight supervision of goats, if applicable.

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i) Detailed plan of goat containment around the working area to keep all livestock within the approved vegetated area.

7.3.2 Camping
At each site, Contractor and up to one sub-contractor or employees may camp with Contractor’s goats/sheep for the purposes of a base of operations and security for Contractor’s animals. Camps shall be limited to a total of not more than two (2) trucks, one (1) living trailer, and one non-living or livestock trailer per site. Sewage from the living trailers shall be collected and disposed of in accordance with applicable health
regulations. All trailers shall be neat, tidy and in a habitable condition. Camps shall be kept neat and clean. Open campfires, and/or smoking shall not be allowed. City may direct Contractor to move camps to different locations within the site in City’s discretion. Contractor agrees to remove all vehicle, trailers, fencing, trash, waste, water containers, and other materials within seven days of completion of grazing at each site.

The Contractor is required to have on hand a 10lb ABC fire extinguisher within the living trailers being owned by
Contractor.

7.3.3 Fencing and Signage
All portable electric fencing shall be set back from trail edges or placed along trails so as to allow safe passage by trail users.

Contractor agrees to post signs supplied by City a minimum of every 75 feet apart along such fencing where it meets, runs alongside, or otherwise interfaces roads, trails, open fields, or other areas accessible to the public. Contractor may post “Caution Electric Fence – Keep Dogs on Leash” signs within 300 feet of any grazing project. Signs supplied by City shall be used for City grazing projects only.

7.3.4 Dog Vaccinations
All dogs used by Contractor for this Agreement shall have been vaccinated for rabies. A certificate showing such vaccinations shall be submitted with and at the same time as the insurance certificate. Contractor shall keep vaccination records or proof of current vaccinations for all dogs kept on City property.

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Contractor’s dogs used in the operation need not be leashed but must be under control.

7.3.5 Water
Contractor may draw water from designated City irrigation points of connection, standpipes, and quick couplers for domestic and animal purposes while grazing on City lands in accordance with this Agreement. In the event Contractor uses a Yorba Linda Water District (YLWD) hydrant, Contractor shall obtain a hydrant meter and pay for all meter and water flow charges. Contractor shall supply all water tanks, watering troughs, hoses and hose connections used. Contractor shall provide for adequate backflow prevention while filling water troughs.

7.3.6 Care and Control of Animals
The City shall not be responsible for the health or safety of the goats. The Contractor shall supply, utilize, and care for animals to graze the designated areas agreed to between the City and the Contractor.

The Contractor is completely responsible for and shall pay all costs necessary to ensure the health and safety for the animals to comply with any applicable federal and state animal health requirements.

All animals will be healthy, well-nourished, and free of internal and external parasites, and current on vaccinations for disease preventions. Grazing contractors shall monitor livestock.

All operations shall be carried out in accordance with the California Department of Food and Agriculture best practices. https://www.cdfa.ca.gov/AHFSS/animal_health/Sheep_Goat_H ealth.html

7.3.6 Dead Goats
Contractor must dispose of dead goats or other animals that are part of Contractor’s operations as permitted by City and by local ordinances. Dead goats cannot be buried on City property or disposed of in City trash receptacles.

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Contractor shall immediately report to City and all proper governmental authorities any cause of infectious animal disease appearing in livestock on the premises, and shall, at Contractor’s sole cost and expense, take all steps required to isolate, control, and eliminate any such disease. Livestock exhibiting symptoms of diseases communicable to humans shall be immediately removed from the premises.

7.3.7 Firearms
Contractor shall not carry on their person or use firearms on the premises. Problem animals interfering with livestock
operations shall be handled through the City’s Police Services in cooperation with Orange County Animal Care (OCAC).

7.3.8 Contractor Reports
Contractor agrees to submit a summary report (form or email) upon the completion of the Recommended Treatment Area (RT) to the City representative. The report shall contain the RTA, number of goats used, fuel type treated, and any persistent issues or complications encountered during the treatment of the RTA. The summary report will be submitted within one week of completion of the RTA.

7.3.9 Overgrazing Damage
In the event an area is overstocked, and bare ground is visible in areas over 50% in the area used, contractor will be responsible for erosion control treatment that may include installing wattles, covering bare ground with straw or other methods approved by the City at contractor expense.

7.3.10 Prevention of the Introduction of Invasive Species To control the spread of non-native, invasive, and noxious pest plant species, the goat/sheep herd(s) must be flushed
(evacuated) of biological waste prior to entering a new grazing area to limit the amount of non-native, invasive seed material that will be transported to the new site with the herd. All flushing expenses will be incurred by the contractor. Target species include those listed in Section 7.2.2.

Where and when a goat/sheep herd will be moved from an area where any of the non-native, invasive pest plant species listed

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below are present to an area on City land where the invasive pest plant species is/are not present, the herd will be flushed of the invasive vegetative remnants in their digestive tract for at least Two (2) days. The flushing of the herd can occur at or near the original site of invasive plant infestation or off-site, at the discretion of the contractor and with agreement from the City representative. If supplemental feed is necessary during flushing, the feed shall be certified weed-free. The City representative will determine if the herd would need to be flushed prior to moving into a new grazing site.

7.4 FUEL REDUCTION ACTIVITIES

7.4.1 Grasses/ Weeds
Fuel reduction activities for this project are designed to comply with Defensible Space Guidelines per OCFA (refer to Appendix B).

In practice this means all grasses or other weeds must be trimmed at or below 4” in height. In addition to the height requirement, it is also necessary to cut stems of taller weeds such as mustard flower stalks into pieces so that it can lay flat and not create a solid mat of loose debris that can blow around or form a solid mat of dead material
which can provide a consistent fuel for a wildfire.

7.4.2 Shrub Trimming
Trim existing shrubs (any bush that will naturally exceed 4 feet tall) which form ‘masses’ so that there is a 15’
horizontal separation between groupings of these shrubs.

Additionally, a 2’ minimum is required between the shrub and the vegetation below (assuming shrubs are less than 10’ in height). It is also necessary to cut stems of shrub trimmings into 3” max sized pieces so that they can lay flat and not create a solid mat of loose debris that can blow around or form a solid mat of dead material which can
provide a consistent fuel for a wildfire. Animal grazing can be used to treat understory of the shrubs for ignition point Vertical Separation helping to create an Umbrella shaped base and top.

7.4.3 Dead Plant Material Removal

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Existing dead shrubs and trees shall be flushed to the
surface. Removal and disposal of all dead plant material.

Dead plant material shall be collected and disposed of
offsite as green waste.

7.4.4 Debris mats
If areas are left with debris mats in excess of 3” debris, the Contractor will be expected to re-cut it or remove enough of the material so that it meets the intent of the
specification and provides the needed fire protection
results desired by OCFA.

Contractor has the option to either mow or weed whip
these areas in order to accomplish the desired result.

Disking is not allowed. Previous contractors have used
weed whips. Many of the areas included have steep terrain and therefore tractors would present a hazard in terms of safe operation, so the Contractor is expected to obtain advance approval from the City Representative of
suitability for tractor use, if desired.

7.4.5 Tree Trimming/ Shaping
Trim existing trees (tree quantities, dbh, and height are provided in an attached table for each site) which form ‘masses’ so that there is a 30’ horizontal separation
between groupings of the trees. There should also be a 4’ minimum vertical separation established from the canopy of the tree to the next understory layer of vegetation (i.e. shrub or herb). Focus will be placed on trees outside of state jurisdictional areas (provided in Appendix A).

7.4.6 Tree Removals
All tree removals will comply with CALFIRE standards for removal to include being at least 10” in dbh and taller than 20 ft. Tree locations have already been determined by the City and are provided in a table in Appendix A. Tree
removals can utilize hand equipment and herbicide
application as needed. The Contractor shall coordinate for removed materials to be transported to the closest
available green waste facility for sorting and chipping.

ISHB infested trees will not remain on site in any capacity

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and should be hauled to a landfill in the event they are not accepted at a green waste facility.

7.5 SITE SPECIFIC INSTRUCTIONS
The City of Yorba Linda has listed the types of work (i.e., animal grazing, hand clearing or mechanical mowing) as a guide for the Contractor
The tables below highlight the ultimate goals for each area to be addressed by Year 3, if not Year 4 of the project. A year 4 is determined by the approval of CalFire and budget allowances. Tree removals and larger scale removals of flash fuels are preferred to occur by end of Year 2 of the contract (by March 16, 2024), with the focus of the final two years mainly on continued maintenance.

Site Number
Year 3 Performance Criteria
(3 Year with the possibility of a 1 Year Extension pending project budget status and Cal Fire approvals.
01 Site clearing and treatments of flash fuels will have depleted the non-native seedbank, resulting in less regrowth within the area.

Any remaining stands of vegetation will meet OCFA
requirements for the specific plant layer (herb/grass, shrub, tree).
02 The site will meet the 50% shaded fuel break requirement, targeted trees were removed, and remaining trees were
trimmed to OCFA guidelines. Treatments of flash fuels will have depleted the non-native seedbank, resulting in less regrowth within the area. Any remaining stands of vegetation will meet OCFA requirements for the specific plant layer (herb/grass, shrub, tree).
03 Trimming/shaping of trees and shrubs meet OCFA standards.

Treatments of flash fuels will have depleted the non-native seedbank, resulting in less regrowth within the area. Any remaining stands of vegetation will meet OCFA requirements for the specific plant layer (herb/grass, shrub, tree).
04 Trimming/shaping of trees and shrubs meet OCFA standards.

Treatments of flash fuels will have depleted the non-native seedbank, resulting in less regrowth within the area. Any remaining stands of vegetation will meet OCFA requirements for the specific plant layer (herb/grass, shrub, tree).
05 Trimming/shaping of trees and shrubs meet OCFA standards.

Treatments of flash fuels will have depleted the non-native seedbank, resulting in less regrowth within the area. Any

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Site Number
Year 3 Performance Criteria
(3 Year with the possibility of a 1 Year Extension pending project budget status and Cal Fire approvals.
remaining stands of vegetation will meet OCFA requirements for the specific plant layer (herb/grass, shrub, tree).
06 Trimming/shaping of trees and shrubs meet OCFA standards.

Treatments of flash fuels will have depleted the non-native seedbank, resulting in less regrowth within the area. Any remaining stands of vegetation will meet OCFA requirements for the specific plant layer (herb/grass, shrub, tree).
07 The site will meet the 50% shaded fuel break requirement, targeted trees were removed, and remaining trees were
trimmed to OCFA guidelines. Treatments of flash fuels will have depleted the non-native seedbank, resulting in less regrowth within the area. Any remaining stands of vegetation will meet OCFA requirements for the specific plant layer (herb/grass, shrub, tree).

OCFA Requirements focus on the horizontal and vertical spacing of individual plants and groupings. More information can be found in Appendix B.

SITE BREAKDOWN:

SITE ONE: 14.97 ACRES
Description of Work Site clearing activities for non-native forbs and grasses, and crown reduction efforts for existing trees. Any non-native, host trees for ISHB will be fully removed.

Access Difficult: Steep slopes
NOTE: Site is not accessible to tracked machinery, nor is it possible using motor driven mowers; no driven in equipment can get access up into its wall faces or steep hill cuts. This is a selective climbing route area only.

Type of Work Animal Grazing.

Maintenance on 2nd and 3rd year for retaining achieved density reduction and flashy fuel removal: Controlled Animal Grazing

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SITE TWO: 9.79 ACRES
Description of Work • Establishing 50% shaded fuel break (specific tree locations to be provided at NTP)
• Trimming of all substantial plants
• Removal of all flash fuel identified as invasive, non-native plants
Access Difficult: Dense vegetation and avoidance of jurisdictional water features required
Type of Work Integrated Hand Clearing, Mechanical Masticating, Herbicide Application, Tree Removals.

Controlled Animal Grazing to aid in understory thinning and remove flashy fuels.

Maintenance on 2nd & 3rd year: Integrated treatment with controlled Animal Grazing Manual, and Mechanical.

SITE THREE: 18.30 ACRES
Description of Work • Trimming/shaping of all trees and shrubs • Removal of all flash fuel identified as invasive, non-native plants
• Removed trees and non-native vegetation will be transported to the closest available green waste facility for sorting and chipping. ISHB infested trees will not remain on site in any capacity and should be hauled to a landfill in the event they are not accepted at a green waste facility.

Access Moderate: Easy access through city gates and access roads; however, vegetation is dense throughout the native areas and steeply slopes in ornamental areas and coastal sage scrub.

Type of Work Integrated Animal Grazing. Hand Clearing, Flail Mowers, Herbicide Application
Maintenance on 2nd & 3rd year: Integrated treatment with controlled Animal Grazing, Manual, and Mechanical.

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SITE FOUR: 11.23 ACRES
Description of Work • Trimming/shaping of all trees and shrubs • Removal of all flash fuel identified as invasive, non-native plants
• Removed trees and non-native vegetation will be transported to the closest available green waste facility for sorting and chipping. ISHB infested trees will not remain on site in any capacity and should be hauled to a landfill in the event they are not accepted at a green waste facility.

Access Easy: Sloped throughout but easy to traverse
Type of Work Integrated Animal Grazing, Hand Clearing, Herbicide Application, Heavy Equipment.

Maintenance on 2nd & 3rd year: Integrated treatment with controlled Animal Grazing, Manual, and Mechanical.

SITE FIVE: 1.28 ACRES
Description of Work • Trimming/shaping of all trees and shrubs • Removal of all flash fuel identified as invasive, non-native plants
• Maintain fire break between homes
• Removed trees and non-native vegetation will be transported to the closest available green waste facility for sorting and chipping. ISHB infested trees will not remain on site in any capacity and should be hauled to a landfill in the event they are not accepted at a green waste facility.

Access Easy: Sloped throughout but easy to traverse
Type of Work Hand Clearing
Maintenance on 2nd & 3rd year: Continue with like treatment.

PM-13
SITE SIX: 7.01 ACRES
Description of Work • Trimming/shaping of all trees and shrubs • Removal of all flash fuel identified as invasive, non-native plants
• Removed trees and non-native vegetation will be transported to the closest available green waste facility for sorting and chipping. ISHB infested trees will not remain on site in any capacity and should be hauled to a landfill in the event they are not accepted at a green waste facility.

Access Easy: Sloped throughout but easy to traverse
Type of Work Integrated Animal Grazing, Hand Clearing, Herbicide Application Maintenance on 2nd & 3rd year: Integrated treatment with controlled Animal Grazing, Manual, and Mechanical.

SITE SEVEN: 7.07 ACRES
Description of Work • Establishing 50% shaded fuel break (specific tree locations to be provided at NTP)
• Trimming/shaping of all trees and shrubs
• Removal of all flash fuel identified as invasive, non-native plants Access Difficult: Dense brush and heavy flash fuels. Resides along railroad/open space.

Type of Work Integrate Animal Grazing, Hand Clearing, Mowing, Tree Removals

EXCLUSIONS
The Contractor is not responsible for maintenance or repair of irrigation systems which may exist within the areas being abated (unless damaged by contractor); however, in the event such damage occurs, the Contractor is expected to notify the City Representative so that further action can be taken by the agency if it is deemed necessary.

If late season rains create re-growth of vegetation after seasonal abatement work has been concluded, the Contractor will not be held liable to re-mow without compensation.

APPENDIX A

MAPS AND TREE INVENTORIES

APPENDIX B

OCFA SPACING SPECIFICATIONS

Source: Orange County Fire Authority. (2020). Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program. Guideline C-05.

Please be sure to reference any pending updates in January 2023.

CITY OF YORBA LINDA

PROPOSAL BID SHEET

YORBA LINDA FUEL REDUCTION PROJECT
Site Acreage Percentage of
Site Treatment
Year 1 Year 2 Year 3
$0 $18,254 $18,254
$0 $2,608 $2,608
$0 $0 $0

14.97 100% $0 $20,862 $20,862
$0 $11,938 $11,938
$0 $6,000 $6,000
$6,000 $0 $0

9.79 100% $6,000 $17,938 $17,938
$0 $22,315 $22,315
$0 $3,188 $3,188
$0 $0 $0

18.30 100% $0 $25,503 $25,503
$0 $13,694 $13,694
$0 $1,956 $1,956
$0 $0 $0

11.23 100% $0 $15,650 $15,650
$0 $0 $0
$0 $2,007 $2,007
$0 $0 $0

1.28 100% $0 $2,007 $2,007
$0 $8,548 $8,548
$0 $1,221 $1,221
$0 $0 $0

7.01 100% $0 $9,769 $9,769
$0 $8,621 $8,621
$0 $1,232 $1,232
$3,000 $0 $0

7.07 100% $3,000 $9,853 $9,853
Total 69.65

FUEL REDUCTION WORK
Flash Fuels Removals
and Maintenance
All flash fuels shall be maintained to meet requirements (horizontal and vertical separation) for each year of the contract.

Treatment Description
(Listed in order of City preference as appropriate the for the site.) 01 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 1
02 Animal Grazing
Hand Tools and Mechanized Equipment (1. site prep.

2. treatment of 1.2 ac near BNSF)
Herbicide Application (tree cambium at felling)
SUBTOTAL FOR SITE 2
03 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 3
04 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 4
05 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 5
06 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application
SUBTOTAL FOR SITE 6
07 Animal Grazing
Hand Tools and Mechanized Equipment
Herbicide Application (tree cambium at felling)
SUBTOTAL FOR SITE 7
Additional information and list of treatment preferences by the City can be found in the Performance Management and Specifications Section, specifically subsection 7.5 of this Bid package. The methodologies for each site are listed in order of preference by the City with animal grazing being the preferred when and where most appropriate and economically feasible.

Site Acreage Percentage of
Site Treatment
Year 1 Year 2 Year 3
$0 $2,608 $2,608
$0 $2,608 $2,608

14.97 100% $0 $5,216 $5,216
$0 $1,705 $1,705
$ see Tree
Removals
$1,705 $1,705

9.79 100% $0 $3,411 $3,411
$0 $3,188 $3,188
$0 $3,188 $3,188

18.30 100% $0 $6,376 $6,376
$0 $1,956 $1,956
$0 $1,956 $1,956

11.23 100% $0 $3,913 $3,913
$0 $0 $0
$0 $223 $223

1.28 100% $0 $223 $223
$0 $1,221 $1,221
$0 $1,221 $1,221

7.01 100% $0 $2,442 $2,442
$0 $1,232 $1,232
$0 $1,232 $1,232

7.07 100% $0 $2,463 $2,463
TOTAL 69.65
Site Year 1 Year 2 Year 3
02 $255,894
$245,253
$0 $0
07 $19,107 $0 $0
$275,001
$264,360
$0 $0
$284,001 $273,360 $125,625 $125,625
NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are to be used only as comparison of bids. Payment for quantities will be made from field measurements. If the actual quantities show either an increase o Tree and Shrub Trees and shrubs shall be trimmed and shaped to meet OCFA standards of horizontal and vertical spacing Treatment Description
(Listed in order of City preference as appropriate the for the site.) 01 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 1
02 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 2
03 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 3
04 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 4
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 7
05 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 5
06 Animal Grazing (Shrubs)
Hand Tools and Mechanized Equipment
SUBTOTAL FOR SITE 6
SUBTOTAL TREE REMOVALS 403
Total Annual Cost for Fuel Reduction Work
Hand Tools and Mechanized Equipment, Hauling 375
Hand Tools and Mechanized Equipment, Hauling 28
Tree Removals Specific trees have been identified for removal efforts to meet 50% shaded fuel break requirements. Tree Treatment Description Number of Trees
07 Animal Grazing (Shrubs)
* Bid is adjusted to reduce total tree removals by fifteen (15) trees, of which six (6) will be > 30" DBH.

The focus on the tree removals may occur within Site 2. Once the designated trees in Site 2 are removed, and if budget remains, tree removals in Site 7 may occur. If initiated, tree removals in Site 7 would occur on the east end, where trees are located near the State Park and adjoining residences.
360
NTE 388*

Project Name/No.: Yorba Linda Fuel Reduction Contract No.:

Project (LI221007)
Dept./Contract Rep: PW-LMAD / J. Gutierrez Approved: _12/20/2022_

CITY OF YORBA LINDA

CONTRACT SERVICES AGREEMENT
FOR
YORBA LINDA FUEL REDUCTION PROJECT (LI221007)
THIS CONTRACT SERVICES AGREEMENT (“Agreement”), is made and effective this 20th day of December, 2022 by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and SAGE ENVIRONMENTAL GROUP LLC, a Corporation, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

R E C I T A L S
A. City requires construction services. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same.

B. City desires to have Contractor perform said services on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Contractor hereby agree as follows:
1) SERVICES OF CONTRACTOR.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Bid Documents and Plans and Specifications (“Bid Specifications”) attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services.” As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first-class work and services and Contractor is experienced in performing the Services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Documents Included in Contract. Documents Included in Contract. This contract consists of the Noncollusion Affidavit Certification of Principal, Supplemental Information, General and Special Specifications, plans, drawings, all responsible bidding documents (including but not limited to the bid proposal), the Notice Inviting Sealed Bids, Instructions to Bidders, this Contract Services Agreement, and all required bonds, insurance policies, endorsements, and certificates, permits, notices, and affidavits, any Addenda or supplemental agreements or change orders issued by City, as well as any and all referenced

2 specifications, details, schedules, appendices, and attachments, which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern.

1.3 Compliance with Law. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder.

Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. Ready-mix suppliers and haulers delivering materials to public works projects must also comply with Labor Code Section 1720. Both suppliers and haulers of ready-mix materials will need to register with the Department of Industrial Relations as required under Labor Code Section 1725.5. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Contractor will maintain and will require all subcontractors to maintain valid and current California Department of Industrial Relations (“DIR”) Public Works Contractor registration during the term of this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contractor to determine the correct salary scale.

The State Prevailing Wage Rates may be obtained from the DIR pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776.

Contractor shall comply with all statutory requirements relating to the employment of apprentices.

Contractor shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all “Public Works” (as defined by the Prevailing Wage Laws), Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the

3 Services required by this Agreement, including a City of Yorba Linda business license. Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder. Contractor shall be responsible for all subcontractors’ compliance with this Section 1.4.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder.

Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Officer.

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

1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. It is expressly understood by Contractor that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

4 2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Five Hundred Twenty-Four Thousand Six Hundred Ten Dollars ($524,610) except as provided in Section 1.8.

The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments. Prior to the first day of the month, during the progress of the Services, commencing on the day and month specified in this Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the Services during the preceding month and the portion of the Contract Sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made to Contractor from City within thirty (30) days.

City shall pay Contractor a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.4 of this Agreement for retention of funds.

3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the work is not completed within the scheduled time period as outlined in this Agreement as directed by the City, it is understood that the AGENCY will suffer damage.

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within with the scheduled time period as outlined in this agreement as directed by the City. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer.

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

5 3.4 Term. The term of this Agreement shall begin on the date that the contract becomes fully executed and shall end upon project completion as described in the Bid Specifications unless the term of the Agreement is otherwise terminated or extended as provided for at City’s sole discretion to award multiple years. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate the Agreement, as provided in Section 7.9.

4. COORDINATION OF WORK.

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

Alissa Cope, Principal
______________________________________________
It is expressly understood that the experience, knowledge, capability and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer. The “Contract Officer” shall be such person as may be designated by the City Manager of City. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Assignment. The experience, knowledge, capability, and reputation of Contractor, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder in excess of one-half of 1 percent of Contractor’s total bid as to which Contractor’s original bid did not designate a subcontractor in addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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

6 supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the Contract Sum paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

4.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contractor represents that the Services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

4.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.

7 (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

4.8 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

5. INSURANCE, INDEMNIFICATION AND BONDS.

5.1 Insurance. Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:

Coverage (Check if applicable) Minimum Limits
(X) Comprehensive General Liability Insurance
(including premises and operations)
• Commercial General Liability no less broad
than ISO form CG 0001.
• Coverage must be on a standard Occurrence
form. Claims-made not acceptable. Minimum
limits: ONE MILLION DOLLARS
($1,000,000.00) per occurrence; TWO
MILLION DOLLARS ($2,000,000.00)
General Aggregate; TWO
MILLION DOLLARS ($2,000,000.00)
Products/Completed Operations Aggregate.

General Aggregate must apply separately to
the Services performed under this Agreement.
• Prior written consent is required if the
insurance has a deductible or self-insured
retention in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000).