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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. b. If the Services involve an estimated expenditure in excess of TwentyFive Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. c. 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 an order or amendment for additional services pursuant to Subsection
8.4 or 8.5 of this Agreement.
d. If 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 Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation.
Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent
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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. 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 VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy.
In the alternative, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees.
Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance.
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a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least
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five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage. b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage. (iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: Landscape Maintenance Within Landscape Maintenance Assessment District Package A. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional
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insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. 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 this Section 4 to the Contract Administrator. c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers. d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment 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 secure 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. Payment and performance bonds shall be secured from a surety company rated Grade “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 VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals.
Pursuant to California 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. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent
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permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. 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 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this
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Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. 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 fees 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. 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.
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.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. 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 shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 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.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
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a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours
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in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code. (vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement. (vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in
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effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services.
In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. 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, 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.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 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.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
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 FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. 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 Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and
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specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. 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. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in
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connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. 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 Administrator 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, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
9.2 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.
9.3 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
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Contract Administrator 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 Administrator 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.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator 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 Administrator 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.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent
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Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection 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. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The 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.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. 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. 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.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
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10.7 Contractor Principals and Representatives. 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:
(Name) (Title)
(Name) (Title)
(Name) (Title)
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. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. 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.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Monse Garcia, Maintenance Contract Administrator (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator 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 Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Nieves Landscape, LLC.
Attn: Greg Nieves, President
1629 E. Edinger Ave.
Santa Ana, CA 92705
Any written notice to City shall be sent to the Contract Administrator at:
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City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: Monse Garcia, Maintenance Contract Administrator
with a copy to:
City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
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 either served personally or sent by prepaid, first-class mail. 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 seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. 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.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
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.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 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 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.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the
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performance of this Agreement 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. 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.
10.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability 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.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF YORBA LINDA
Peter Grant, City Manager
Donna Mullally, Finance Director
Attest:
Marcia Brown, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONTRACTOR
Nieves Landscape, LLC.
«Contractor_Signature_2»
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless
provided with a certificate of secretary inlieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PACKAGE A services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed THREE MILLION SIX HUNDRED EIGHTYSIX THOUSAND NINE HUNDRED SEVENTY-SEVEN AND 08/100 DOLLARS ($3,686,977.08) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
-NIEVES
,411,j~ LANDSCAPE L LC
SEALED BID FOR LANDSCAPE MAINTENANCE
WITHIN LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT PACKAGE A
DO NOT OPEN WITH REGULAR MAIL
City of Yorba Linda
Office of the City Clerk
4845 Casa Loma Ave.
Yorba Linda, CA 92886
Bid Due: April 2, 2026 until 10:00 AM
1629 E. EDINGER AVENUE SANTA ANA. CA 92705 I P:(714) 641-3071 F: (714) 641-8475
Proposal
Documents
CITY of YORBA LINDA Bid Documents I 1 Page 165 of 1224
7. Proposal Documents
Bidder Information
List of Subcontractors
References
Designation of Sureties
Contractor Licensing Statement
Bonding
Experience Statement
Bid Schedule
Unit Cost Sheet
Contractor Questionnaire
Annual Task Schedule Matrix
Section Inventory
CITY of YORBA LINDA Bid Documents I 2 Page 166 of 1224
PROPOSAL FOR
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE A
TO CITY OF YORBA LINDA, as AGENCY:
In accordance with AGENCY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, 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.
LICENSE REQUIREMENT: The Contractor must possess a valid Class A or C-27 license to perform the work herein described prior to award of contract.
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 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 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.
CITY of YORBA LINDA Bid Documents I 3 Page 167 of 1224
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 Nieves Landscape, LLC. DATE 3/25 '
2026
BIDDER'S ADDRESS: ---------
1629 E. Edinger Ave.
Santa Ana, CA 92705
TELEPHONE NO. (714) 641-3071 TITLE President/ Secretary State of California
County of Orange
-f ~ .,/l
Subscribed and sworn to (or affirmed) before me on this .J.:j__ day of rJ cf'v~ 2026, by Greg Nieves , proved to me on the basis of
satisfactory evidence to be the person who appeared before me. (Notary Seal)
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
idd N Nieves Landscape, LLC. B1 er's ame
1629 E. Edinger Ave., Santa Ana, CA 92705
Business Address ------------------------
Telephone: <714 )641-3071
CITY of YORBA LINDA Bid Documents I 4
State CONTRACTOR'S License Class and Number: C-27; 674709 ------------
Original Date Issued 7/22/1993 Expiration Date 10/31/2026 -----------
Department of Industrial Relations Contractor Registration No.: 1000012716 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:
Greg Nieves, President/ Secretary
1629 E. Edinger Ave., Santa Ana, CA 92705; 714-641-3071 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
None
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
Nieves General Engineering; Greg Nieves - Secretary
NBI Landscape Development (PRIOR - NO LONGER ASSOCIATED): Greg Nieves State of California
County of Orange
Subscribed a~dLsworn tom affi,rmed) before
me on this 25.:.. day of crc1V\ , 2026,
by Greg Nieves
proved to me on the basis of satisfactory evidence
to be he person who appear79 before me.
\ ' I.
1. vl - "' ';, Title PresidenU Secretary
(Sig
(Notary Seal)
Date 3/25 , 2026
CITY of YORBA LINDA Bid Documents I 5 Page 169 of 1224
BIDDER'S NAME Nieves Landscape, LLC.
LIST OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors as follows:
Subcontractor Name Cornerstone Landscape Care, Inc.
Address 1580 E. Edinger Ave., Suite G, Santa Ana, CA 92705 License No. and Class 987788 C27, C61 /D49 Percent of Total Contract 2% -----
Specific Items of Work Tree work (if necessary)
Subcontractor Name ------------------------ Address ---------------------------- License No. and Class Specific Items of Work _
Percent of Total Contract
--------- ·-----
Subcontractor Name ------------------------ Address ---------------------------- License No. and Class Specific Items of Work _
--------
Percent of Total Contract
- ·-----
Subcontractor Name ------------------------ Address ---------------------------- License No. and Class Specific Items of Work _
Percent of Total Contract
--------- -----
CITY of YORBA LINDA Bid Documents I 6 Page 170 of 1224
BIDDER'S NAME Nieves Landscape, LLC.
REFERENCES
The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:
AGENCY Name City of Temecula
Address 41000 Main St., Temecula, CA 92590
Telephone No. 951-308-6306 Contact:_S_ta_c...., y_F_o_x _ Description of Work Citywide Landscape Maintenance
AGENCY Name City of Lake Forest
Address 100 Civic Center, Lake Forest, CA 92630
Telephone No. 949-461-3575 Contact: Michael McConaha
Description of Work City parks, medians, parkways & slope landscape maintenance AGENCY Name City of Mission Viejo
Address200 Civic Center, Mission Viejo, CA 92691
Telephone No. 949-4 70-3095 Contact:_J_er_ry.__H_ill _
Description of Work Citywide Landscape Maintenance
DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Name CSBA - Commercial Surety Bond Agency - Frank Morones Address 1111 E. Katella Ave., Ste. 150, Orange, CA 92867 Telephone No._7_1_4-_5_1_6_-1_2_3_2 _
Name Valiant Insurance Agency - Kevin Markel
Address 1913 E. 17th Street, Ste. 210, Santa Ana, CA 92705 Telephone No._7_1_4-_2_4_3_-4_0_7_0 _
Name ----------------------------- Address
Te I e phon-e -------------------------- No. - _
CITY of YORBA LINDA Bid Documents I 7 Page 171 of 1224
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 ----------------
674709
Name of Individual CONTRACTOR (Print or type):
Signature of Owner(s) _
Business Address _
or
Nieves Landscape, LLC. Name of Company _
1629 E. Edinger Ave., Santa Ana, CA 92705
Business Address -------------------------
Officers:
Greg Nieves
Name
Greg Nieves
Name --------------
Name
--------------
T
.
1 President
1t e ------------
T
.
1 Secretary itle _
Title ------------
or
Name of Corporation _
Business Address _
Corporation organized under the laws of the State of _
State of California )
CITY o/VORBA LINDA Bid Documents I 8 Page 172 of 1224
County of Orange
Subscribed and sworn to (or affirmed) before
me on this J..5 ~t,--- day of vY\.cl'e,h , 2026,
by Greg Nieves
proved to me on the basis of satisfactory
evidence to be the person who appeared
bef~me )
W/4 aJJA (,~/
(Signature of Notary Public)
(Notary Seal)
(Seal)
CITY of YORBA LINDA Bid Documents I 9 Page 173 of 1224
Bond No. CSBA-34268
BID BOND
(PAGE 1 OF 2)
CITY OF YORBA LINDA
BID BOND
FOR
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE A
KNOW ALL MEN BY THESE PRESENTS that Nieves Landscape, LLC , as BIDDER, and The Gray Casualty & Surety Company as SURETY, are held and firmly bound unto the CITY OF YORBA LINDA, as AGENCY, in the penal sum of _ Ten Percent of the Amount Bid dollars --'--~---..;__ _
($10% ), which is ten percent (10%) or more 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, 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.
WITNESS our hands this 23rd day of __ M_ar_ch , 2026.
(SEAL)
State of California )
County of OrO-f\§e.. )
CITY of YORBA LINDA Bid Documents I 10
BID BOND
(PAGE 2 OF 2)
Subscribed and sworn to (or affirmed) before me on this J5-lh day of Murch 2026, by (-1c er ~ll< \/ r 'z , proved to me on the basis of satisfactory ~vide'nce to be the person who appeared before me. g ~ 1
l1ll Cl~ Mr lUJW
(Signature ofotary Public)
(Notary Seal) ; ~-a -··ANN
N··oti
E
ry
ELI
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lic
ETH C
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o
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f . • Or~nt• County ~
Commission # 2530◄ 18 -
My Comm. Exptr@s S•~ 13, 2029
The Gray Casualty & Surety Company
SURETY'S NAME-TYPE
1625 West Causeway Approach, Mandeville, LA 70471
Mailing Address
By: Frank Morones 4N
Si
~
gnature
(SEAL) Attorney-in-Fact
Title
State of California
County of _
Subscribed and sworn to (or affirmed) before me on this day of _ 2026, by , proved to me on the basis of
satisfactory evidence to be the person who appeared before me. (Notary Seal)
(Signature of Notary Public)
BIDDER'S NAME Nieves Landscape, LLC
ClTYofYORBA UNDA Bid Documents I 11
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of _O~ra"'""n'""' g""'" e ~
On --=0=3/=2=3/=2=0=26~----- before me, M_e_li_s_sa_A_nn_V_a_cc_a_ro~,~N_o_t_ar~y_P_u_b_li_c _ (insert name and title of the officer)
personally appeared __ F_r_a_nk_M_o_ro_n_e_s _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~LC),o()
Melissa Ann Vaccaro
(Seal)
M~ ANN VAC~ARo-l
COMM. #2401942 M
Notary Publlc-Californla rn
ORANGE COUNTY ~
M; Comm. ~:res M~ 12, 2~2l
Commercial Surely Bonds & Insurance Agent
03/23/2026 13:57 828522012955
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANY
GENERAL POWER OF ATTORNEY
Bond Number: CSBA-34268
Project: Yorba Linda-Package A
Principal: Nieves Landscape, LLC
KNOW ALL BY THESE PRESENTS. THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Stephanie McClain, Robert Wood, Magdalena n. Wolfe, Shaunna Rozelle Ostrom, Daniel Huckabay, Dwight Reilly, Arturo Ayala, Michael Stong, Ben Stong, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell, and Frank Morones of Orange, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorueytsj-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature ofa bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of
$25,000.000.00.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26 th day of
June, 2003.
'·RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is
FURTH ER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power or Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.
IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 4 th day of November, 2022.
By:
State of Louisiana
Michael T. Gray
President
The Gray Insurance Company
Cullen S. Piske
President
The Gray Casualty & Surety Company
ss:
Parish of Jefferson
On this 4
th day ofNovember, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company. and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies.
. \ .
~ O\;vl (,tJl/'L.--
Leigh Anne 1-lenican
Notary Public, Parish of Orleans State of Louisiana
My Commission is for Life
I. Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 23rd day of March , 2026 I. Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy or a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 23rd day of March , 2026
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:;,'@,~~~~~'@(,~~~~~~'%~~~"§
STATE OF CALIFORNIA
County of Orange }
On ---"M=a=r=chc:..=2=5,c..::2=-=0=2=6 before me, _,_A,.,_. n""' n=e..,,E,,.,,li..., z=ab:,;;e...,t,._, h""""C,;:.,a,,.,,s'-'-' h""' m"""a:;;,.n,,,_ -'-' N,,,,oc,, ta"""'r,ky,.,_P"""' u""b-'-" lic:o<..- _ Date Here Insert Name and Title of the Officer
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Place Notary Seal Above
------------OPTIONAL-----------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: __ C itv ........ o_f Y_o~r"'"' b a_L_in_d a B .... id_B __ o'-n"'"' d_-_P_a--c--k a_... g"'"e_A _ Document Date: ...,M.:.:a=r=ch:..:....=2=3'-'2=0=2=6.__ Number of Pages: __ T __ w-'-o~(2=) _ Signer(s) Other Than Named Above: __ ....;n..;_;o:;.;..n=e _ Capacity(ies) Claimed by Signer(s)
Signer's Name:_G_re~g~N_i_ev_e_s _
D Individual
GI Corporate Officer - Title( s): President, Owner
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
-------
Signer Is Representing:
Nieves Landscape, LLC
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: _
D Individual
D Corporate Officer -Title(s):'-----------
0 Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
-------
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
NON COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) ss
COUNTY OF Orange )
The undersigned declares:
I am the PresidenU Secretary of Nieves Landscape , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of
the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is xecuted on 3/ 5/2026 [date], at Santa Ana [city], CA [state].
Greg Nieves
Title President/ Secretary
BIDDER'S NAME Nieves Landscape, LLC.
CITY of YORBA LINDA Bid Documents I 12 Page 179 of 1224 State of California )
County of Orange )
-+~ ,n I
Subscribed and sworn to (or affirmed) before me on this .z.2__ day of_{_,...;;;. lcf'v....C....:.h.----'-- 2026, by Greg Nieves , proved to me on the basis of
satisfactory evidence to be the person who appeared before me. (Sig
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CITY of YORBA LINDA Bid Documents I 13
BIDDER'S NAME Nieves Landscape, LLC.
EXPERIENCE STATEMENT
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE A
Pursuant to PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder's experience in landscape maintenance of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that they have the experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor's License Board.
P . T. 1
Citywide Landscape Maintenance ci· City of Temecula
reject 1t e:____________ lent: _
D
2021- current $2,837,0001 yr Stacy Fox 951-308-6306
ate: Project Value: Contact: Tel# _
D
. . Citywide landscape & irrigation maintenance
escription:
Subject to Federal Labor Standards:
D
2012-current
ate:
-----
Yes
P . T. I City Parks and MPS reject 1t e: _
No X
Cl
. City of Lake Forest lent: _
$1,932,000/ yr M. McConaha 949-461-357 5
Project Value: Contact: Tel# _
Landscape & irrigation maintenance of city parks, medians, parkways & Description:
slopes throughout the city.
Subject to Federal Labor Standards: Yes No X
CITY o/VORBA LINDA Bid Documents I 14
EXPERIENCE STATEMENT (Continued)
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE A
Project Title: Citywide Landscape Maintenance Client: City of San Dimas Date: 2019-current Project Value: $559,094/ yr Contact: Steve Farmer Tel# 909-934-64 72 Description: Citywide landscape maintenance and irrigation monitoring & reporting Subject to Federal Labor Standards:
KEY STAFF
Yes No X
Title Name
License/ Since Expires Certificate No.
California Licensed Sandy Nieves 101479 2011 2027 Pesticide Applicator Senior Staff Member to
Antonio Gomez 134944 2014 2026 be Assigned
I declare under penalty of perjury under the laws of the State of California that all of the representations made in the EXPERIENCE STATEMENT are true and correct. Executed this 25 day of M ch , 2026, at Santa Ana , California.
Greg Nieves, President/ Secretary
ure and Title
State of California
County of Orange
-1-~ r1 . Subscribed and sworn to (or affirmed) before me on this /25_ day of 0 ~c.;--0h 2026, by Greg Nieves , proved to me on the basis of
satisfactory evidence to be the person who appeared before me. 1 (Notary Seal)
CITY of YORBA LINDA Bid Documents I 15
BIDDER'S NAME Nieves Landscape, LLC.
BID SCHEDULE
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE A
The undersigned certifies that all documents related to this proposal have been read and that the undersigned fully understands the terms and conditions contained therein.
The undersigned further certifies that the Contractor has visited the sites described in this contract and is fully familiar with the conditions affecting the work, the scope of the project, and all requirements necessary to perform the services described herein. The Contractor agrees that no claim shall be made against the City of Yorba Linda based on any misunderstanding of the nature or extent of the work or the conditions under which the work is to be performed. In accordance with those terms and conditions, the undersigned hereby proposes to furnish the services described herein to the City of Yorba Linda:
I. PROPOSALS: Maintenance of landscape in Maintenance Package A.
Contractors shall provide Unit Prices for all items listed on the bid schedule.
Unit Prices multiplied by the quantities shown shall determine the Total Unit Price and Annual Cost. The sum of all Annual Costs shall equal the Grand Total, which shall be used for bid comparison. In the event of a discrepancy, the Unit Price shall prevail.
Quantities and units (such as acres, square feet, or each) are estimates and may change during the course of the contract as areas are added or removed.
Unit Prices shall apply only to the actual measured quantities.
Contractors shall provide unit costs for Extra Work and Additional Labor items.
These costs shall be fully burdened and include all costs associated with performing the work, including supervision, tools, equipment, trucks, transportation, mobilization, fuel, overhead, and profit. Separate charges for vehicles, equipment, truck fees, or mobilization shall not be permitted. All Extra Work must be authorized in advance by the Agency. Extra Work shall be performed by separate forces not normally assigned to routine maintenance duties under this contract.
CITY of YORBA LINDA Bid Documents I 16
BASE MAINTENANCE WORK
Planter Maintenance All controller areas to be serviced on a monthly basis.
Item Description Acreage
Cost Per Monthly
Annual
Acre 12 X
01 Pkwy Planter Maintenance w/ Mulch 4.65 $447.00 $2,078.55 $24,942.60 02 Median Planter Maintenance w/ 0 $0 $0 $0 Mulch
03 Slope Planter Maintenance w/ Mulch 44.79 $ 594.00 $26,605.26 $319,263.12 04 Trail Maintenance w/ Sandbags 0 $0 $0 $0
Turf Maintenance
All turf areas to be serviced weekly per specification.
Item Description Acreage
Cost Per Monthly
Annual
Acre 7-X X12
05 Turf - Weekly .92 $ 491.00 $ 451.72 $5,420.64
Seasonal tasks shall be performed at least once annually and Seasonal Tasks may be requested up to three times per year depending on climatic conditions, as directed by the City Representative.
Item Description Acreage
Cost Per Per Annual
Acre Service 3X
06 Fallow Area (Vegetation 25 $131.00 $3,275.00 $9,825.00 Management) 07 Fuel Modification Zone (Vegetation 1 $ 131.00 $131.00 $ 393.00 Management) Total Annual Cost for Base Maintenance Work $ 359,844.36 CITY o/YORBA LINDA Bid Documents I 17
SUPPLEMENTAL WORK
(Estimated quantities not guaranteed within actual scope of work) The cost basis for all extra work shall include materials and labor. Any Irrigation Repair additional labor required to meet the mandatory response times specified in Section 5.6 shall be provided at no additional cost to the Unit Costs City. Installation shall be performed in accordance with City standards or manufacturer's details, as directed by the City Representative.
Furnish and install a Schedule 80 PVC ball valve with Schedule 80 PVC fittings and threaded nipples upstream and downstream of the valve.
Irrigation Valve - Use of male adapters is prohibited. Reinstall valve box with 1/4-inch Removal and galvanized landscape fabric, 3/4-inch gravel, and brick supports.
Installation Electrical connections shall be made using a 3M DBR/Y-6 Direct Bury Splice Kit. All labor, materials, tools, and incidentals required to complete the work shall be included in the bid price.
No
Description: Plastic Valves (Only as Qty Unit Unit total directed by City) price 08 1" Rain Bird 100-PESB Valve 20 EA $199.00 $3,980.00
09 1-1 /2" Rain Bird 150-PESB Valve 25 EA $241.00 $6,025.00 10 2" Rain Bird 200-PESB Valve 15 EA $301.00 $4,515.00
11 Rain Bird PRS-Dial 10 EA $101.00 $1,010.00
12 RainBird XCZ-100-PBR-COM 20 EA $331.00 $6,620.00
13 RainBird XCZ-150-LCS 20 EA $372.00 $7,440.00
No Description: Brass Valves Qty Unit Unit total
price
14 1" Rain Bird 100-EFBCP Valve 20 EA $263.00 $5,260.00 15 1-1 /2" Rain Bird 150-EFBCP Valve 25 EA $416.00 $10,400.00 16 2" Rain Bird 200-EFBCP Valve 15 EA $498.00 $7,470.00 17 Rain Bird¾" FIP Quick Coupler 10 EA $117.00 $1,170.00 Installation and Contractor shall furnish all labor and materials to troubleshoot the valve, Servicing of clean the valve body, seats, and internal ports, and replace the RCV Valves, Battery- diaphragm assembly, including diaphragm, gaskets, O-rings, spring, and Operated Controllers, and solenoid. Diagnostics shall be included under the contract at no WireSprout Kits
additional cost to the City.
No Description: Qty Unit Unit total
price
18 Furnish and instal RB PEB / EFB-CP valve repair 40 EA $60.00 $2,400.00 kit. 19 Furnish and instal conventional Solenoid - RB 20 EA $47.00 $ 940.00 PEB / EFB-CP Series Replacement CITY of YORBA LINDA Bid Documents I 18
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual sco12e of work} 20 Furnish and instal DC Latching Valve Solenoid - 20 EA $ 53.00 $1,060.00 RB PEB/EFB-CP Series Replacement 21 Furnish and instal DC Latching Valve Solenoid - 20 EA $NIA $NIA RB PEB/EFB-CP Series Replacement 22 Furnish and instal Battery Operated Controller 20 EA $186.00 $3,720.00 Installation - Hunter Node-100 23 Furnish and instal Battery Operated Controller - 20 EA $16.00 $ 320.00 Battery Replacement Furnish and instal WireSprout Kit Installation at 104.00 1,040.00 24 Valve and Controller - Use when two valves are 10 EA $ $ wired together or when adding a valve with no extra wires.
Furnish and install all labor and materials necessary to excavate and replace Mainline Repair
failed pipe and fittings on PVC mainline up to 4-inch diameter and restore landscaping to match original grade, including restoration of sod and plants.All fittinqs shall be Schedule 80 PVC.
No Description: Mainline Repair Qty Unit Unit Total
price
25 1-1/2" PVC Mainline Repair 20 EA $58.00 $1,160.00
26 2" PVC Mainline Repair 20 EA $87.00 $1,740.00
27 2-1/2" PVC Mainline Repair 20 EA $135.00 $2,700.00
28 3" PVC Mainline Repair 10 EA $181.00 $1,810.00
29 4" PVC Mainline Repair 10 EA $247.00 $2,470.00
On Grade Lateral Furnish and install all labor and materials necessary, including UV-resistant Line Repair
pipe, UV-rated fittings, supports, rebar, and clamps for failed pipe sections and fittings for ¾" to greater than 2" diameter PVC lateral lines.
No. Item. Qty Unit Unit Total
price
30 ¾" - 1" On Grade Lateral Repair 30 EA $45.00 $1,350.00 31 1-1/4" - 1-1/2" On Grade Lateral Repair 30 EA $62.00 $1,860.00 32 2" or greater On Grade Lateral Repair 30 EA $85.00 $2,550.00 Furnish and install all labor and materials necessary to excavate and replace Below Grade failed pipe sections and fittings for¾" to greater than 2" diameter PVC lateral Lateral Line Repair lines and restore landscaping to match the original grade, including restoration of sod and plants.
No. Item. Qty Unit Unit Total
price
33 ¾" - 1" Lateral Line Repair 25 EA $35.00 $875.00
34 1-1 /4" - 1-1 /2" Lateral Line Repair 25 EA $40.00 $1,000.00 35 2" or greater Lateral Line Repair 40 EA $58.00 $2,320.00 CITY of YORBA LINDA Bid Documents I 19
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual scoge of work} Furnish and install dripline to match the existing system, installed at a depth of Drip Tubing 1 inch for new installations. Dripline shall be center-fed. All labor and materials, includlnq drip tubinq, fittinqs, supports, staples, and clamps, shall be included.
No. Item. Qty Unit Unit Total
price
35 Drip Tubing Repair 50 EA $25.00 $1,250.00
36 Drip Tubing Installation 1 "Depth (Rainbird XFS- 9,000 LF $1.50 $13,500.00 CV-09-12 Series) 37 AirNacuum Relief Valve w/ 6" round box 50 EA $38.00 $1,900.00 38 Line Flushing Ball Valve w/ 1 0" round box 50 EA $60.00 $3,000.00 39 Hunter Eco-Indicator Drip System Indicator 50 EA $23.00 $1,150.00 Spray, Rotors, Furnish and install all labor and materials necessary to replace failed irrigation Rotary Nozzles, emission devices (sprays, rotors, and bubblers), either on-grade or by Bubbler, Spray excavation as required. Work shall include replacement of risers, elbows, Nozzles, Body, and supports, clamps, and UV-resistant pipe and fittings. Restore landscaping to riser replacement match the original grade, including restoration of sod and plants.
No Description Qty Unit Unit Total
price
40 Rain Bird MPR Series Spray Nozzles 100 EA $3.40 $340.00 41 Rain Bird VAN Series Spray Nozzles 100 EA $3.40 $340.00 42 Rain Bird U Series Spray Nozzles 100 EA $6.72 $672.00 43 Rainbird Adjustable Full Circle Bubbler (1300A-F 100 EA $7.60 $ 760.00 /1400 Series) 44 Rainbird R-VAN Series Rotary Nozzles 200 EA $7.82 $1,564.00 45 Hunter MP-Rotator Series Rotary Nozzles 100 EA $13.00 $1,300.00 46 Rain Bird 1804-SAM-PRS Spray Head Body 100 EA $12.56 $1,256.00 47 Rain Bird 1806-SAM-PRS Spray Head Body 200 EA $42.00 $8,400.00 48 Rain Bird 1812-SAM-PRS Spray Head Body 300 EA $48.00 $14,400.00 49 12" Sch 80 Riser Assembly (Shrub Adapter, 200 EA $9.90 $1,980.00 Marlex swing joint and rebar, clamp) 50 18" Sch 80 Riser Assembly (Shrub Adapter, 200 EA $13.12 $2,624.00 Marlex swing joint and rebar, clamp) 51 24" Sch 80 Riser Assembly (Shrub Adapter, 200 EA $15.58 $3,116.00 Marlex swine loint and rebar, clamp) 52 Rainbird 1800 Series Wiper Seal 600 EA $7.00 $4,200.00 53 Hunter PGP-00-CV Shrub Rotor 100 EA $32.00 $3,200.00 54 Hunter PGP-04-CV 04" Pop-up 100 EA $44.00 $4,400.00
55 Hunter PGP-06-CV 06" Pop-up 100 EA $49.00 $4,900.00
56 Hunter PGP-12-CV 12" Pop-up 100 EA $58.00 $5,800.00
57 Hunter 1-40 Turf Rotor 25 EA $115.00 $2,875.00
CITY of YORBA LINDA Bid Documents I 20
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual sco12e of work} Furnish and install NOS Green Valve Box Series valve boxes.
Valve Box Installation shall include heat branded label, four (4) bricks, 3/4-inch Replacement gravel, and 1/4-inch galvanized mesh, and landscape fabric. All labor and materials necessary to complete the work shall be included.
No. Description Qty Unit Unit total
price
58 Replace Standard 11x17" Valve Box 50 EA $59.04 $2,952.00 59 Replace Standard 11x17" Valve Box Cover 25 EA $46.88 $1,171.88 60 Replace Jumbo 15x21" Valve Box 50 EA $97.77 $4,888.50 61 Replace Jumbo 15x21" Valve Box Cover 20 EA $65.52 $1,310.40 62 Replace 6" Round Valve Box 20 EA $23.50 $470.00
63 Replace 6" Round Valve Box Cover 10 EA $11.37 $113.70 64 Replace 1 0" Round Valve Box 20 EA $35.94 $718.80
65 Replace 1 0" Round Valve Box Cover 25 EA $27.89 $743.60 66 NDS Valve Box Extension 15 EA $62.00 $930.00
The cost basis for irrigation renovation work shall include materials, supervision, tools, mobilization, vehicles, and labor Irrigation renovation to be performed by personnel other than the regularly assigned maintenance and irrigation technician. No additional costs shall be charged to the City.
No. Description Qty Unit Unit total
price
One unit equals 100 LF of staked Rain Bird drip
tubing (XFS-CV-09-12 Series) installed in a grid
with 12-inch row spacing and emitters in a
67 triangular pattern at 1-inch depth. System shall be 200 EA $112.00 $22,400.00 center-fed and include two flush valves (one at
each end installed in 1 0" round box), one drip
indicator, one air relief valve in 6-inch round valve
boxe, and all required fittings and stakes.
One unit equal 1' of 1" PVC Drip Supply Header -
68 Center Feed, 1 foot of header, one drip 1,000 EA $18.00 $18,000.00 connection, 1 swing assembly and all necessary
fittings per City Detail.
Drip AirNacuum Relief Valve - Rain Bird ARV050 -
69 w/ 10" round box, bricks, rock, wire mesh, and 100 EA $ 37.00 $3,700.00 landscape fabric.
CITYo/YORBA LINDA Bid Documents I 21
\
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual scoge of work} Line Flushing Ball Valve - RainBird BVAL501-S -
70 w/ 1 0" round box, 3' of solid tubing, bricks, rock, 100 EA $ 32.00 $3,200.00 wire mesh, and landscape fabric.
71 Drip System Operation Indicator (12" Rainbird 100 EA $ 35.00 $3,500.00 1800 SAM PRS w/ Operation Indicator) 1" Drip Valve Assembly Installation - Sch80 Ball
Valve, Sch80 Threaded Riser, RB EFBCP Valve,
72 Sch80 Threaded Riser, Sch80 Fittings, RB 25 EA $ 401.00 $10,025.00 Pressure Regulating Filter PRBQKCHK10.
Includes jumbo valve box installation. No male
adapters.
1.5" Drip Valve Assembly Installation - Sch80 Ball
Valve, Sch80 Threaded Riser, RB EFBCP Valve,
73 Sch80 Threaded Riser, Sch80 Fittings, 2 RB 25 EA $ 682.54 $17,063.50 Pressure Regulating Filters PRBQKCHK10. Refer to manufacturer for installation setup. Includes
jumbo box installation. No male adapters.
Drip filter installation: Sch80 Ball Valve, Sch80
Threaded Risers, Sch80 Threaded Riser, Sch80
74 Fittings, 2 Rain Bird Pressure Regulating Basket 25 EA $173.52 $4,338.00 Filters PRB-QKCHK-100. Includes jumbo box
installation. No male adapters.
Furnish and install all labor and materials necessary to install a Superior 3200 Series master valve and CST FSI Series flow sensor.
Master Valve & Flow
Provide Schedule 80 threaded risers upstream (1 OD) and downstream Sensor Installation
(50) of the flow sensor. Provide standard valve box installation. Use 45-degree fittings when tying into the existing mainline. If elbows are required, consult the City Representative regarding thrust blocks. Male adapters are not permitted. All fittinqs shall be Schedule 80 PVC. 75 2" Master Valve and Flow Sensor Installation 15 EA $2,022.65 $30,339.79 (Superior 3200 Series & CST FSI-T20) 76 1.5" Master Valve and Flow Sensor Installation 10 EA $1,904.43 $19,044.30 (Superior 3200 Series & CST FSI-T15) 77 1" Master Valve and Flow Sensor Installation 5 EA $1,432.54 $7,162.69 (Superior 3200 Series & CST FSI-T10) Furnish and install conduit and sweeps to valve
boxes up to ten (10) feet from the controller
78 enclosure. Provide black and white 16 AWG wire 20 EA $ 75.00 $1,500.00 for the master valve and Imperial FSW16 wire for
the flow sensor. Leave a minimum of three (3) feet
CITY of YORBA LINDA Bid Documents I 22
•
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual sco12e of work} Furnish and install an additional ten (10) feet of
conduit. Provide black and white 16AWG wire for
79 the master valve and Imperial FSW16 wire for the 15 EA $116.93 $1,753.95 flow sensor. Leave a minimum of three (3) feet of extra wire at both the controller enclosure,
handhole, and the valve box.
The cost basis for all planting, fertilization, herbicide, and Planting Unit Costs
pesticide extra work shall be with material and labor supplied.
This is for work performed by personnel other than the
regular landscape maintenance crews.
Turf Planting &
Maintenance
No Description Qty. Unit Unit TOTAL Price
80 Turf Area Aeration per acre including all labor and 2.9 AC $58.00 $168.20 materials per Section 5.1.5.
De-thatching (vertical mowing) of turf areas per
81 acre including all labor and materials per Section 2.9 AC $ 67.00 $ 194.30
5.1.7 82 1 unit= 100 SF. of Sod cutting, removal, and 100 EA $41.00 $4,100.00 disposal Provide/Install Dwarf Fescue Turf Sod per 1,000
83 SF including all labor and materials to install per 1,000 SF $2.50 $2,500.00 specifications.
Re-seeding of Turf Seed (Named Cultivars)
84 including Topper per 1,000 Square Feet, including 2,000 SF $0.38 $ 760.00 all labor and materials per Specifications.
Turf removal including 3 rounds of herbicide
85 treatment,sod cutting, removal , disposal, and 2,000 SF $ 3.40 $6,800.00 grading per 1,000 Square Feet, including all labor
and materials per Specification.
86 Mowing turf areas with approved mulching deck 1 AC $193.00 $193.00 per acre.
87 Mowing turf areas with bagging deck per acre. 1 AC $218.00 $218.00 Shrub Planting & Planting may occur on slopes or in parkways and will be warrantied for one Maintenance year. Include Backfill mix 1 :1 Native Soil and Compost, 20 lbs Gypsum/ yd. 88 Annual seasonal color Premium (16 plants) 25 EA $68.00 $1,700.00 89 Annual seasonla color Non premium (16 Plants) 25 EA $42.00 $1,050.00 90 Provide/Install 1 Flat rooted cuttings (64 Plugs) 30 EA $43.00 $1,290.00 includinq all labor and materials 91 Provide/Install 1 Gallon shrub including all labor 3000 EA $17.00 $51,000.00 and materials to install per Specifications.
92 Labor Cost to install 1 Gallon Shrubs 500 EA $8.16 $4,080.00 CITY of YORBA LINDA Bid Documents I 23
\
SUPPLEMENTAL WORK CONTINUED
(Estimated quantities not guaranteed within actual scope of work) 93 Provide/Install 1 Gallon shrub including all labor and 3000 EA $NIA $NIA materials to install per Specifications.
94 Labor Cost to install 1 Gallon Shrubs 500 EA $NIA $NIA 95 Provide/Install 5 Gallon shrub including all labor and 2000 EA $38.00 $76,000.00 materials to install per Specifications. 96 Labor Cost to install 5 Gallon Shrubs 500 EA $18.24 $9,120.00 97 Provide/Install 15 Gallon shrub including all labor and 500 EA $88.00 $44,000.00 materials to install per Specifications.
98 Labor Cost to install 15 Gallon Shrubs 500 EA $42.24 $21,120.00 99 Provide/ Install specified approved mulch above 250 CY $48.00 $12,000.00 contract amount.
100 Mow/trim/thin/clean up ground cover 1,000 SF $0.09 $90.00 101 Hedge trim shrubs - formal (three faces) per 100 LF. 100 LF $0.19 $19.00 Planting can be on slope or in parkways shall include (2) Tree Planting irrigation bubblers, (3) stakes min., (6) Cinch Tie min, Myca Tab per mfg. stds., and warranted for one year.
No. Item Qty. Unit Unit TOTAL Price
102 Furnish and install 15 Gallon Tree including all labor, 100 EA $148.00 $14,800.00 stakes, irrigation and materials per City Std.
103 Furnish and install 24" Box Tree including all labor, 250 EA $440.00 $ 110,000.00 stakes, irrigation and materials per City Std.
104 Furnish and install 36" Box Tree including all labor, 4 EA $1,150.00 $4,600.00 stakes, irrigation and materials per City Std.
105 Furnish and install 48" Box Tree including all labor, 4 EA $1,975.00 $7,900.00 stakes, irrigation and materials per City Std.
106 Furnish and install (2) bubblers tied into adjacent 30 EA $108.00 $3,240.00 lateral - RB 1402 107 Furnish and install (3) bubblers tied into adjacent lateral 20 EA $124.00 $2,480.00 -RB 1402
Fertilizer/ Herbicide / Pesticide
Application
Turf Area application labor of JTM 8-2-7 w/ Kelp at 250 108 lbs. of fertilizer/acre per application per Section 2.9 AC $166.00 $ 481.40
5.1.6. 109 Cost of JTM 8-2- 7 w/ Kelp at 250 lbs. of fertilizer/acre 2.9 AC $ 393.00 $1,139.70 per application per Section 5.1.6.
Planter Area application labor of JTM 8-2-7 w/ Kelp at
110 250 lbs. of fertilizer/acre per application per Section 49.44 AC $178.00 $8,800.32
5.1.6. CITY of YORBA LINDA Bid Documents I 24
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SUPPLEMENTAL WORK CONTINUED
(Estimated quantities not guaranteed within actual scope of work) 111 Furnish and apply JTM 8-2-7 w/ Kelp at 200 lbs. of 49.44 AC $391.00 $19,331.04 fertilizer/acre per application per Section 5.1.6. 112 Furnish and apply Turf (Large Area) broad leaf herbicide 2 AC $295.00 $320.00 113 Furnish and apply (Spot Application) broad leaf 2 AC $106.00 $260.00 herbicide 114 Furnish and apply Planter (Large Area) broad leaf/ 10 AC $212.00 $1,300.00 qrass herbicide.
115 Furnish and apply Planter (Spot Application) broad 10 AC $100.00 $950.00 leaf/ grass herbicide 116 Furnish and apply Gopher bait per acre 10 AC $204.00 $1,250.00 117 Flail mow/weed-eaUclear fallow areas 5 AC $408.00 $2,035.00 118 Trail Resurfacing excavate & dispose 3" of native, 1,000 SF $2.98 $3,150.00 place 3" and compact stablized D.G.
No.
Optional Alternative Chemical Free Weed/ Pest
Qty. Unit
Unit X 12
Control Price TOTAL
If the Agency elects to prohibit the use of synthetic
herbicides or pesticides, the Contractor shall provide a 119 net additional monthly cost to perform the work using 49.44 AC $148.00 $87,805.442 alternative methods (see Specification Section 5). Pricing shall reflect industry-standard costs.
Additional labor rates shall be fully burdened and shall include all costs associated with performing the work, including but not Labor Rates limited to supervision, tools, equipment, transportation, mobilization, overhead, and profit. No additional compensation will be provided for these items.
120 Laborer 200 HR $42.00 $8,400.00
121 Irrigation Technician 100 HR $68.00 $6,800.00
122 Herbicide / Pesticide Applicator 100 HR $68.00 $6,800.00 123 Tractor & Operator 200 HR $82.00 $16,400.00
Environmental Testing
124 Soil analysis - gathered, processed and report 5 EA $125.00 $625.00 125 Tissue analysis - same as above 5 EA $150.00 $750.00 Estimated Total Annual Cost for Supplemental Duties $ 869,149.03 GRAND TOTAL BID AWARD PRICE PER YEAR $ 1,228,993.39
(include all base and supplemental cost components here) (AMOUNT WRITTEN IN WORDS): One million two hundred twenty-eight thousand nine hundred ninety-three dollars and 39 cents
CITY of YORBA LINDA Bid Documents I 25
One Million Two Hundred Twenty-Eight Thousand Nine Hundred Ninety-Two Dollars and 36/100 Cents.
$ 590.00 $ 212.00 $2,120.00 $ 1,000.00 $ 2,040.00 $ 2,040.00 $ 2,980.00 $ 869,148.00 $ 1,228,992.36
\
II. BID PRICE: Total bid award price shall include all labor, services, materials, tools, equipment, supplies, transportation, and all other items and facilities necessary to complete this contract. The bid award shall be based on the combined total of the Base Monthly Maintenance Work and Supplemental Work.
A bid that includes pricing for Extra Work or Optional Alternative Chemical-Free Pest/Weed Control that is excessive compared to similar items in the Base Monthly Maintenance Work, substantially exceeds industry standards, or is significantly higher than pricing for such items in other bids may cause the entire bid to be deemed non-responsive at the Agency's discretion. The Agency reserves the right to contract with a different entity to perform Extra Work or Optional Alternative Chemical-Free Pest/Weed Control, if determined to be in the best interest of the Agency.
All contractors shall prepare their own cost estimates and complete all blank spaces in the bid sheet and questionnaire. The City of Yorba Linda is not responsible for the contractor's cost estimates.
Please Note: Budget cuts or monetary adjustments by Federal, State, County, or City governments may significantly affect the level of service for this contract.
The Contractor agrees to adjust the level of service, without changing other contract conditions herein, if notified to do so within a reasonable period of time.
Ill. BONDS AND INSURANCE: Upon contract commencement, and prior to work commencement, contractor shall furnish a faithful performance bond in an amount not less than one hundred percent (100%) of the total amount of the bid price named in the contract, and a labor and material bond not less than one hundred percent (100%) of the total amount of the bid price named in the contract. Said bonds shall be formatted per bond documents to be provided by the agency to the successful bidder. Only bonds issued by companies that are admitted to do business in the State of California will be accepted.
Contractor shall also provide the City with insurance certificates prior to work commencement as set forth in the contract document included herein.
IV. TERMS AND CONDITIONS: Payment Terms: Net 60 days after receipt of approved invoices.
REMARKS {Additional sheets may be used to complete):
CITY of YORBA LINDA Bid Documents I 26
The Contractor certifies that they have visited and inspected the project sites described in this contract and are fully familiar with the conditions that may affect the work. The Contractor further acknowledges that they understand the scope of the project and all requirements necessary to perform the services described in this agreement.
By entering into this contract, the Contractor agrees that no claim shall be made against the City of Yorba Linda arising from any misunderstanding or lack of knowledge regarding the nature, extent, or conditions of the work to be performed.
X Yes __ No __
Nieves Landscape, LLC.
Firm Name: ------------------------
1629 E. Edinger Ave.
Address: -------------------------
Sant a Ana, CA City: _
714-641-3071
Phone: ---------------
92705
Zip:
D
3/25/2026
ate:
--------
CITY of YORBA LINDA Bid Documents I 27
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ADDITIONAL PAPER MAY BE USED TO COMPLETE ANSWERS, AS NECESSARY
EQUIPMENT
List the types of equipment and number of each to be assigned to this contract. • Mowers (riders) 2 (walk behind) 1 (trim) _1 _
• Walk behind wheeled Edgers _1 _
• Blowers 2 ------------
• Weed eaters
------
2 Stick trimmers 1
- ----------
• Power hedge trimmers _2 _
• Fertilizer spreaders (walk behind/ tractor mount type) _3 __ / _1 _ • Irrigation controller remote units __ 1 _
• Turf aerators 1 Vertical mowers 1
--------
• Trucks 3 ------------
• Trailers 3 Tractors 1 ---------- ----------
Also list all back-up equipment available:
Trucks, trailers, tractors, tractor attachments, ride-on & walk behind mowers, walk behind edgers, string trimmers, stick hedge trimmers, aerators, verticutters, Projected Annual Equipment Costs: _$_1_8_,0_0_0 dollars
SUPPORT FACILITIES
Give the address of the yard from which work crews will be assigned. 1629 E. Edinger Ave., Santa Ana, CA 92705
Give the address of the main office: 1629 E. Edinger Ave., Santa Ana, 92705 What facilities and procedures do you have for equipment maintenance and repair? At the main yard we have (3) FT mechanics on staff to address any repairs What communication system will you use on this contract to communicate between field and office? _S_m_a_rt~ph_o_n_e _
What is your local toll free telephone number? _8_0_0-_9_5_5_-6_2_2_2 _ What telephone number is available for emergency service? 714-641-3071 CITY of YORBA LINDA Bid Documents I 28 Page 195 of 1224 \
PERSONNEL
Included here are approximate minimum labor inputs required to complete the scheduled tasks included in these specifications. These values are included as a guideline to evaluate the adequacy of each vendor's bid by establishing the minimum required labor needs anticipated to complete the work. If the vendor's quote includes significantly less labor than these levels, bidder must be able to justify the apparent lack of labor input for the effort.
DESCRIPTION OF TASK DAYS TO MAN-HOURS
COMPLETE per week
Package A
On-Site Supervisor 1 > 8 hours min.
Working Crew Leader 5 40 hours min.
Landscape/ Trail Maintenance Crew 5 200 hours min.
Mow/edge/trim/blow Crew 2 > 16 hours min.
Irrigation Tracking/ Repair 5 40 hours min.
Herbicide/ Pesticide Application 3 24 hours min.
Total Man-Hours Per Week (min.) > 328 hours min.
List the minimum number of man-hours per week (or Full-time-equivalents) by task that will be assigned to this contract:
On-Site Supervisor 8 hrs/ wk
Mow/edge/trim/blow 16 hrs/ wk
Detail of planter beds I Slope Maintenance 160 hrs/ wk
Weed Crew (Hand Pulling) 80 hrs/ wk
Irrigation Tracking/ Repair 40 hrs/ wk
Herbicide/ Pesticide Application 24 hrs/ wk
Total Man-Hours Per Week 328 hrs/ wk
* Seasonal duties are defined as aerating, fertilizing, planting or any other nonroutine task called for in the specification as a required function of the contractor.
*Seasonal duty crew 32 - 80 hrs
CITY of YORBA LINDA Bid Documents I 29 Page 196 of 1224 \
What is the average base pay rate for typical Laborers included above? $17.25-$19.00 What is the average base pay rate for an Irrigation Tech? $22.00-$26.00 What is the average base pay rate for a licensed Chem App Tech? $22.00-$26.00 What is the average base pay rate for a licensed Driver? --'-$_2_0_.0_0_-$"'-2_5_.0_0 _ What is the benefits rate as a percentage of base pay (overhead percentage)? 28% Who will be the Contractor's Representative with the City? _E_d-=g_a_r _S_im_o_n _ How many hours per week will they be present in the City?_8_-1_6_hr_s_/_w_k _ What is his/her background? Over 15 years of experience in landscape & irrigation work What is his/her education? High school with some extension course What is his/her salary range?_$_6_5_,0_0_0_-_$_7_5_,0_0_0~p_e_r ~ye_a_r _ Who will be the Contractor's Irrigation Tech with for City?_T_B_D _ How many hours per week will they be present in the City? 24-40 hrs/ wk What is his/her background? shall have min. of 5 yrs of experience in irrigation work What is his/her education? TBD ---------------------
Who will be the Contractor's Pesticide Applicator for the City? _T_B_D _ How many hours per week will they be present in the City?_8_-2_4_h_rs_/ w_k _ What is his/her background? shall have min. of 5 yrs of experience in chem application What is his/her education? TBD --------------------- What is his/her salary range? $20-25/ hr --------------------
What size crew would be available to perform extra work such as planting, weed clearing, trimming etc. 3-5 person crew
Projected Annual Labor Costs: _$_1_9_8"'-,0_0_0 dollars Materials: List the materials and the yearly costs for each:
Chemicals: Ranger Pro, Speedzone, Fusilade, Gopher Bait Irrigation supplies: Heads, nozzles, rotor, pipes, fitting, etc Projected Annual Material Costs: _$_1_7_,5_0_0 dollars
CITY of YORBA LINDA Bid Documents I 30 Page 197 of 1224
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 _G_r_eg...__N_ie_v_e_s Telephone No. 714-641-3071 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 25th day of March , 2026.
BIDDER Nieves Landscape, LLC.
State of California
County of Orange
Subscribed and sworn to (or affirmed) before
me on this »5+~ day of rY\Cf'CY\ , 2026,
by Greg Nieves
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.
(Sig
Vmw
nature o
lh, fNoa~
ry Public)
~
(Notary Seal)
)
)
~----.t.N-NE -ELIoZ.t.lnETH nCeASHnMAoN f
: Notary Public • C1ltfornl1 : i ~ Oran!le County ~
~ Commission# 25]0,418
• ., •· My Comm. Exptros Stp 1 l, 2029
Title President/ Secretary
Date 3/25/2026 , 2026
(Seal)
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 -------------
CITY of YORBA LINDA Bid Documents I 31 Page 198 of 1224 \
QUESTIONNAIRE TO 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 employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law of a safety regulation? Yes
-----
NoX
----
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:
N/A
Note: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of the questionnaire.
CITY of YORBA LINDA Bid Documents I 32 Page 199 of 1224 ..
NOTE:
QUESTIONNAIRE TO CONTRACTORS (Cont.)
THE FOLLOWING QUESTIONS RELATE TO NONPERFORMANCE OF PREVIOUS CONTRACTS ONLY.
1. List any lawsuit(s) filed against you or your firm over the past ten (10) years for breach or non-performance of contract:_N_o_n_e _
2. List the result(s) of any lawsuit(s):_N_IA _
3. List any claim(s) filed against you or your firm over the past ten (10) years:
None
4. List the results of each claim:
N/A
5. List any contracts that have been dismissed, abandoned, or stopped prior to their original specified term length by either the Contractor or the Client with reason for such action for the previous (10) years:_N_o_n_e _ CITY of YORBA LINDA Bid Documents I 33 Page 200 of 1224
6. 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:_ None
7. List projects similar to the type applied for herein which you have worked on and how recently project was performed:
Cities of Aliso Viejo, Brea, Fountain Valley, Huntington Beach, Lake Forest, Mission Viejo, Orange, San Dimas, Temecula and Yorba Linda 3/25/2026
Dated
CITY of YORBA LINDA Bid Documents I 34 Page 201 of 1224 QUESTIONNAIRE TO CONTRACTORS (Cont.)
1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( X)
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 ( ) No (X)
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 (X )
5. If the answer to No. 4 is "Yes," please explain the following detail:
NIA i. Date(s): _
NIA ii. Name of person or group: _
iii. Job involved (if applicable):_N_IA _
NIA
iv. Nature of threats: -------------------
.. NIA
v. 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 ( X )
Please submit a statement to reflect your response.
7. Was a conscious effort made to recruit and hire project area lower-income residents? Yes ( ) No ( X)
CITY of YORBA LINDA Bid Documents I 35 Page 202 of 1224 'I
Please submit a statement to reflect your response.
We declare under penalty of perjury that the foregoing is true and correct. 25th f March Dated this day o , 2026.
Nieves Landscape, LLC.
Greg Nieves
ByJ..r-----b.,Lf,F-~+----1'-f-+.f.Jcrl-~...,_--
T
.
1 President/ Secretary
itle -------------
CITY o/YORBA LINDA Bid Documents I 36 Page 203 of 1224
i• I
ADDENDUM RECEIPT CERTIFICATION
LANDSCAPE MAINTENANCE SERVICES
LMAD PACKAGE A
Bidder acknowledges receipt of this Addendum and inclusion of its conditions in his bid by signature below and attachment of this Addendum to his bid. BIDS NOT CONTAINING THIS CERTIFICATION WILL BE REJECTED.
3/30/2026
Addendum No. 1 Date:
------
D
3/30/2026
Received by: ----ti'----------- ate: _
(Sig ature)
Joshua Cho T. Business Development
Name: --------------itle: - -----------
(Print)
(Authorized Signature)
Greg Nieves T.
1 President/ Secretary
Name:
--------------
itle:
- -----------
(Print)
ATTACHMENT 2 – Bids Received List
Bidder Bidder Location Amount (Annual)
Stay Green Santa Clarita, CA $ 2,029,315.72
Mariposa Landscape Inc. Irwindale, CA $ 2,294,253.96
DMS Facility Services
(Deemed Unresponsive) Anaheim, CA $ 3,349,373.64
Merchants Landscape Services
(Deemed Unresponsive) Santa Ana, CA $ *1,230,152.71
Nieves Landscape, LLC Santa Ana, CA $ *1,228,992.36
Greentech Landscape Inc.
(Deemed Unresponsive) Santa Fe Springs, CA $ 1,627,201.60 *Bid amount adjusted due to clerical math errors identified in the bid documents. Asterisk denotes a revised amount from the total read at bid opening.
L1-A
L1-B
L1-C
L1-E
L2-A
L2-C
L2-E
L2-F
L2-G
L2-T
L2-J L2-K
L2-K
L2-L
L2-M
L2-V
L2-O
L2-P
L2-Q
L2-R L2-S
L3
L4-A
L4-B
L5-A
L5-B
L5-C
L2-U L2-G
L2-B
L2-D
L2-H
L2-I
L2-N
L1-F
L1-F
L1-D
L1-D
LAKEVIEW
VALLEY VIEW
WEIR CANYON
ESPERANZA
FAIRM
ONT
IMPERIAL
YORBA LINDA
GYPSUM
CANYON
BASTANCHURY
91 VILLA
G
E
CENTER
KELLOGG
RICHFIELD
BUENA VISTA
ROSE
VIA L OMAS DE YORBA
LA PALMA
LMAD Inspector Map ²
Maintenance Package
PKG -A PKG -B PKG -D PKG -C PKG -E PKG - G PKG - F PKG A - ALBERT PKG A - ALBERT PKG D - CAM/ JESUS PKG E - TIM PKG F - JESUS PKG G - JESUS CITY BOUNDRY PKG C - TIM
PUBLIC WORKS DEPARTMENT
DATE: MAY 19, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER PREPARED BY: MONSE GARCIA, MAINTENANCE CONTRACT
ADMINISTRATOR
SUBJECT: APPROVE AN AGREEMENT FOR LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE B SERVICES WITH NIEVES
LANDSCAPE, LLC
RECOMMENDATION
1. Approve an agreement with Nieves Landscape, LLC. for Landscape Maintenance Assessment District Package B services for an initial three-year term in the aggregate amount of $3,814,051.74.
2. Deem Merchants Landscape Services unresponsive due to not meeting the minimum staffing requirement identified in the bid documents and not providing sufficient justification for reduced staffing.
3. Approve annual contingencies for additional services or unanticipated work, provided the contingency amount does not exceed 15% of the annual agreement amount for the applicable fiscal year ($190,702.59).
SUMMARY
The City solicited bids for Landscape Maintenance Assessment District (LMAD) Package B landscape maintenance services in anticipation of the current agreement expiring on June
30. Public Works determined that Nieves Landscape, LLC. is the lowest responsive and responsible bidder. The proposed agreement includes an initial three-year term with a total cost of $3.8 million, plus annual contingencies of up to $191,000.
DISCUSSION
The current agreement for landscape maintenance services for LMAD Package B (See Attachment 3 – Maintenance Packages Map) expires June 30, 2026. Consistent with policy, the City conducted a competitive bidding process and received six bids on April 2, 2026 (See Attachment 2 - Bids Received List).
L M A D P A C K A G E B S E R V I C E S
P A G E | 2
Public Works reviewed the bids in accordance with the requirements and deemed three bids non-responsive for failing to acknowledge required addenda or meet the minimum bid requirements outlined in the Invitation for Bids.
Although Merchants Landscape Services was the apparent lowest bidder, Public Works recommends deeming the bid non-responsive because the contractor proposed labor levels below the minimum personnel requirements under Section 7, Bid Schedule, Personnel, page 29 of the bid documents and did not provide any justification demonstrating its ability to perform the work. This bid requirement was reiterated in Addendum No. 1 in the City’s response to Question 21. Merchants was informed that Public Works would recommend that Merchants’ bid be deemed non-responsive and Merchants did not dispute that it did not provide the justification required in the bid.
After review, Public Works determined that Nieves Landscape, LLC. is the lowest responsive and responsible bidder with an annual bid amount of $1,271,350.58. Nieves is an existing City maintenance contractor and has consistently provided satisfactory services.
The agreement also includes provisions to facilitate the use of organic pesticides should synthetic herbicides become prohibited. Public Works is piloting organic pesticides to assess their overall effectiveness and any transition to organic pesticide applications would increase costs.
FISCAL IMPACT
The LMAD zones included in Maintenance Package B are projected to have sufficient funding to cover annual maintenance costs of the initial three-year term of the agreement.
ALTERNATIVES
Do not approve the recommended action and provide alternative direction.
ATTACHMENTS
Attachment 1 – Agreement with Nieves Landscape, LLC.
Attachment 2 – Bids Received List
Attachment 3 – Maintenance Package B Map (Maintenance Packages Map)
Contract
Services
Agreement
2905/009410-1001
19412635.3 a04/30/26
Contract Services Agreement | 1
Project Name/No.: Landscape Maintenance/Package B Contract No.: ____________ Dept./Contract Rep: PW-LMAD/ M. Garcia Approved:
CONTRACT SERVICES AGREEMENT
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAITNENANCE
ASSESSMENT DISTRICT PACKAGE B
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this 1st day of July, 2026 by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and Nieves Landscape, LLC., a Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement.
Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”). Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on July 1, 2026 and expire on June 30, 2029. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than two (2) additional one-year term extensions. Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator.
The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
2905/009410-1001
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a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein.
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, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term 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.
c. 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. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship.
Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its
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sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time
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during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement.
Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.
1.6 Force Majeure. The time period(s) specified in the Scope of Services 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 Administrator in writing of the causes of the delay. The Contract Administrator 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 sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’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.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
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1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. 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 Administrator.
1.9 Further Responsibilities of the 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 otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed THREE MILLION EIGHT HUNDRED FOURTEEN THOUSAND FIFTY ONE AND 74/100 DOLLARS ($3,814,051.74) for the Three-Year Agreement Term as follows: One Million Two Hundred Seventy-One Thousand Three Hundred Fifty and 58/100 Dollars ($1,271,350.58) for each of the Fiscal Year 2026-2027, Fiscal Year 2027-2028, and Fiscal Year 2028-2029 notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
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2.3 Invoices. 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. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Invoices shall be submitted to:
City of Yorba Linda
Attn: Accounts Payable
4845 Casa Loma Ave
Yorba Linda, CA 92886
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be
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a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor.
Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
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2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion.
Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.
Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, 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.
3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 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
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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. b. If the Services involve an estimated expenditure in excess of TwentyFive Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. c. 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 an order or amendment for additional services pursuant to Subsection
8.4 or 8.5 of this Agreement.
d. If 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 Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation.
Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent
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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. 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 VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy.
In the alternative, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees.
Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance.
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a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least
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five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage. b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage. (iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: Landscape Maintenance Within Landscape Maintenance Assessment District Package B. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional
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insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. 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 this Section 4 to the Contract Administrator. c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers. d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment 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 secure 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. Payment and performance bonds shall be secured from a surety company rated Grade “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 VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals.
Pursuant to California 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. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent
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permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. 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 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this
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Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. 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 fees 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. 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.
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.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. 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 shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 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.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
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a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours
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in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code. (vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement. (vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in
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effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services.
In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. 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, 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.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 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.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
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 FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. 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 Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and
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specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. 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. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in
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connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. 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 Administrator 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, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
9.2 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.
9.3 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
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Contract Administrator 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 Administrator 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.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator 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 Administrator 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.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent
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Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection 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. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The 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.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. 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. 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.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
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10.7 Contractor Principals and Representatives. 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:
(Name) (Title)
(Name) (Title)
(Name) (Title)
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. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. 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.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Monse Garcia, Maintenance Contract Administrator (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator 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 Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Nieves Landscape, LLC.
Attn: Greg Nieves, President
1629 E. Edinger Ave.
Santa Ana, CA 92705
Any written notice to City shall be sent to the Contract Administrator at:
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City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: Monse Garcia, Maintenance Contract Administrator
with a copy to:
City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
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 either served personally or sent by prepaid, first-class mail. 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 seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. 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.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
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.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 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 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.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the
2905/009410-1001
19412635.3 a04/30/26
Contract Services Agreement | 27
performance of this Agreement 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. 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.
10.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability 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.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
2905/009410-1001
19412635.3 a04/30/26
Contract Services Agreement | 28
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF YORBA LINDA
Peter Grant, City Manager
Donna Mullally, Finance Director
Attest:
Marcia Brown, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONTRACTOR
Nieves Landscape, LLC.
«Contractor_Signature_2»
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless
provided with a certificate of secretary inlieu]
2905/009410-1001
19412635.3 a04/30/26
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PACKAGE B services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed THREE MILLION EIGHT HUNDRED FOURTEEN THOUSAND FIFTY-ONE AND 74/100 DOLLARS ($3,814,051.74) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
-NIEVES '\j~ LANDSCAPE LLC
SEALED BID FOR LANDSCAPE MAINTENANCE
WITHIN LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT PACKAGE B
DO NOT OPEN WITH REGULAR MAIL
City of Yorba Linda
Office of the City Clerk
4845 Casa Loma Ave.
Yorba Linda, CA 92886
Bid Due: April 2, 2026 until 10:00 AM
1629 E. EDINGER AVENUE SANTA ANA, CA 92705 I P:(714) 641-3071 F: (714) 641-8475
Proposal
Documents
CITYofYORBA LINDA Bid Documents I 1 Page 240 of 1224
7. Proposal Documents
Bidder Information
List of Subcontractors
References
Designation of Sureties
Contractor Licensing Statement
Bonding
Experience Statement
Bid Schedule
Unit Cost Sheet
Contractor Questionnaire
Annual Task Schedule Matrix
Section Inventory
CITY of YORBA LINDA Bid Documents I 2 Page 241 of 1224
PROPOSAL FOR
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE B
TO CITY OF YORBA LINDA, as AGENCY:
In accordance with AGENCY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, 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.
LICENSE REQUIREMENT: The Contractor must possess a valid Class A or C-27 license to perform the work herein described prior to award of contract.
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 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 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.
CITY of YORBA LINDA Bid Documents I 3 Page 242 of 1224
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 Nieves Landscape, LLC DATE 3/25 , 2026
BIDDER'S ADDRESS: _
1629 E. Edinger Ave.
Santa Ana, CA 92705
TELEPHONE NO. <714)641-3071
State of California
County of Orange
. 2filh Mamh Subscribed and sworn to (or affirmed) before me on this __ day of _ 2026, by Greg Nieves , proved to me on the basis of
satisfactory evidence to be the person who appeared before me. rku
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(Notary Seal)
BIDDER certifies that the following information is true and correct:
N
Nieves Landscape, LLC.
Bidder's ame
~--=====•••=•J ANNE ELIZABETH CASHMAN
- Not1ry Public • C1llfornl: i Or1n1~ County f
Commission# 2530◄11 -
My Comm. Expt,., ~p 13, 2029
1629 E. Edinger Ave., Santa Ana, CA 92705 Business Address _ Telephone: ( 714) 641-3071
CITY of YORBA LINDA Bid Documents I 4 Page 243 of 1224
State CONTRACTOR'S License Class and Number: C-27; 674709 --'-----------
Original Date Issued 7/22/1993 Expiration Date _1_0_/3_1_/2_0_2_6 _ Department of Industrial Relations Contractor Registration No.: 1000012716 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:
Greg Nieves, President/ Secretary
1629 E. Edinger Ave., Santa Ana, CA 92705
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
None
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
Nieves General Engineering; Greg Nieves - Secretary
NBI Landscape Development (PRIOR - NO LONGER ASSOCIATED): Greg Nieves State of California
County of Orange
Subscribed an_g sworn to (or affirmed) before
me on this ';)5 day of b~cn)I\ , 2026,
by Greg Nieves
proved to me on the basis of satisfactory evidence
to biJthe pl.)son_ who appe rid before me.
/,1 • 1/J1, Title President/ Secretary
(Sigrfature of Notary Public)
Date 3/25
(Notary Seal)
, 2026
1====••==•=•-f ANNE ELIZAÐ CASHMAN
: Notary Public • C1llfornia f Orange County J
Commission II 2530418 -
My Comm. Expi, .. ~P 13. 2029
CITY of YORBA LINDA Bid Documents I 5 Page 244 of 1224
BIDDER'S NAME Nieves Landscape, LLC.
LIST OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors as follows:
Subcontractor Name Cornerstone Landscape Care, Inc.
Address 1580 E. Edinger Ave., Suite G, Santa Ana, CA 92705 License No. and Class 987788 C27, C61 /D49 Percent of Total Contract 2% ·----- Specific Items of Work Tree work (if necessary)
Subcontractor Name ------------------------ Address ---------------------------- License No. and Class Specific Items of Work _
--------
Percent of Total Contract
- -----
Subcontractor Name ------------------------ Address ---------------------------- License No. and Class Specific Items of Work _
--------
Percent of Total Contract
- -----
Subcontractor Name ------------------------ Address _
License No. and Class
Specific Items of Work _
--------
Percent of Total Contract
- -----
CITY of YORBA LINDA Bid Documents I 6 Page 245 of 1224
BIDDER'S NAME Nieves Landscape, LLC.
REFERENCES
The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:
AGENCY Name City of Temecula
Address41000 Main St., Temecula, CA 92590
Telephone No. 951-308-6306 Contact:_S_ta_c...,_y_F_o_x _ Description of Work Citywide Landscape Maintenance
AGENCY Name City of Lake Forest
Address 100 Civic Center, Lake Forest, CA 92630
Telephone No. 949-461-3575 Contact: Michael McConaha
Description of Work City parks, medians, parkways & slope landscape maintenance AGENCY Name City of Mission Viejo
Address 200 Civic Center, Mission Viejo, CA 92691
Telephone No. 949-4 70-3095 Contact:_J_e_rry........_H_il_l _ Description of Work Citywide Landscape Maintenance
DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Name CSBA - Commercial Surety Bond Agency - Frank Morones Address 1111 E. Katella Ave., Ste. 150, Orange, CA 92867 Telephone No. 714-516-1232
Name Valiant Insurance Agency - Kevin Markel
Address 1913 E. 17th Street, Ste. 210, Santa Ana, CA 92705 Telephone No. 714-243-4070
Name ----------------------------- Address
Te I e phon-e -------------------------- No. - _
CITY of YORBA LINDA Bid Documents I 7 Page 246 of 1224
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 ----------------
674709
Name of Individual CONTRACTOR (Print or type):
Signature of Owner(s) _
Business Address -------------------------
or
Nieves Landscape, LLC. Name of Company _
1629 E. Edinger Ave., Santa Ana, CA 92705
Business Address -------------------------
Officers:
Greg Nieves
Name
Greg Nieves
Name --------------
Name --------------
T
.
1 President
1t e
------------
Tit I e Secretary
Title ------------
or
Name of Corporation _
Business Address -------------------------
Corporation organized under the laws of the State of _
State of California )
CITY of YORBA LINDA Bid Documents I 8 Page 247 of 1224
County of Orange
Subscribed and sworn to (or affirmed) before
me on this J;Sfv--. day of Mu::0h , 2026,
by Greg Nieves
proved to me on the basis of satisfactory
evidence to be the person who appeared
befo~f J;d/4~
(Signatu~ Notary Public)
(Notary Seal)
(Seal)
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CITY of VORBA LINDA Bid Documents I 9 Page 248 of 1224
Bond No. CSBA-34270
BID BOND
(PAGE 1 OF 2)
CITY OF YORBA LINDA
BID BOND
FOR
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE B
KNOW ALL MEN BY THESE PRESENTS that Nieves Landscape, LLC , as BIDDER, and The Gray Casualty & Surety Company as SURETY, are held and firmly bound unto the CITY OF YORBA LINDA, as AGENCY, in the penal sum of _ Ten Percent of the Amount Bid dollars
($10% ), which is ten percent (10%) or more 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, 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.
WITNESS our hands this 23rd day of __ M_a_rc_h __ , 2026. (SEAL)
State of California )
County of Q[c,_C\3e_ )
CITY of YORBA LINDA Bid Documents I 10
BID BOND
(PAGE 2 OF 2)
Subscribed and sworn to (or affirmed) before me on this ;s+k day of Mcrc'h 2026, by Gree t:\1-e,11c5 , proved to me on the basis of satisfactory evidente to be the person who appeared before me. , ~ 1iG
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My Comm. Exptr-. S•o 13, 2029
The Gray Casualty & Surety Company
SURETY'S NAME-TYPE
1625 West Causeway Approach, Mandeville, LA 70471
Mailing Address
By: Frank Morones
J)z~
Signature
(SEAL) Attorney-in-Fact
Title
State of California
County of _
Subscribed and sworn to (or affirmed) before me on this __ day of _ 2026, by , proved to me on the basis of
satisfactory evidence to be the person who appeared before me. (Notary Seal)
(Signature of Notary Public)
BIDDER'S NAME Nieves Landscape, LLC
CITYofYORBA LINDA Bid Documents I 11
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of _O~ra_n~g~e----------~
On --=03=/=2=3/=2=0=26~----- before me, M_e_l_is_sa_A_n_n_V_a_cc_a_r_o~, N_o_t_a~ry_P_u_b_li_c _ (insert name and title of the officer)
personally appeared __ F_r_a_n_k_M_o_ro_n_e_s _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~C\cc°"Q
Melissa Ann Vaccaro
(Seal)
~-- ,;,;;;-.. MELISSA ANN VACCARO l .., / \ COMM. #2401942 .., ~ Nb' , Notary Publlc-CSlltornla ~
i. ... . ORANGE COUNTY i. LO
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Commercial Surety Bonds & Insurance Age1H
03/23/2026 13:57 828522012955
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANY
GENERAL POWER OF ATTORNEY
Bond Number: CSBA-34270
Project: Yorba Linda-Package B
Principal: Nieves Landscape, LLC
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Stephanie McClain, Robert Wood, Magdalena R. Wolfe, Shaunna Rozelle Ostrom, Daniel Huckabay, Dwight Reilly, Arturo Ayala, Michael Stong, Ben Stong, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell, and Frank Morones of Orange, California jointly and severally on behalfof each ofthe Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature ofa bond, as surety, contracts ofsuretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract ofsuretyship executed under this authority shall exceed the amount of
$25.000,000.00.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26 th clay of
.lune, 2003.
·'RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Allorney, and to attach the seal of the Company; and it is
f-'URTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.
IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 4 th clay of November, 2022.
By:
State of Louisiana
Michael T. Gray
President
The Gray Insurance Company
Cullen S. Piske
President
The Gray Casualty & Surety Company
ss:
Parish of .Jefferson
On this 4
th clay of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies.
Leigh Anne 1-lenican
Notary Public, Parish of Orleans State of Louisiana
My Commission is for Life
I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy ofa Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 23rd clay of March , 2026 I. Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 23rd clay of March , 2026 \ ' \>J {/\,'\A (,()1/\. ... --
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of _O_r_a_ng-e }
On _....:.M=a=r-=- c:..:.. h-=2-=- 5,...,2=0=2=6 before me, _,_A::...: n.:..:. ne,.__.,E=li=za=b:,..:e=t:..:.. h.;:, C=a=s._. h.:..:. m.,.,a;;,' n:,,... • .:..: N,,;o=ta,.,,,ry"""""P_., u=b=lic,.__ _ Date Here Insert Name and Title of the Officer
personally appeared ..,.,G_r_e..,.. 9,....N..,.ie=:v_e_s..,...,... _ Name(s) of Signer(s)
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Place Notary Seal Above
------------OPTIONAL-----------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: __ C"""i_ty._o"-- f_Y_o __ r~b_a_L_in_d __ a_B_i_d_B_o_n_d_-_P_a __ c_k __ a-g"-- e_B _ Document Date: .:.:M=a=r=ch:.,,,.=2..,. 3-'--'2=0=2=6...._ Number of Pages: __ T_w __ o __ (..,;; 2J,,,. ) _ Signer(s) Other Than Named Above: n.,;,,;o'""n"""e'------------------------- Capacity(ies) Claimed by Signer(s)
Signer's Name:_G_re~g._N_i_ev_e_s _
D Individual
QI' Corporate Officer -Title( s): President, Owner
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: _
Signer Is Representing:
Nieves Landscape, LLC
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: _
D Individual
D Corporate Officer-Title(s).,_· _
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
-------
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
NON COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
) ss
COUNTY OF Orange )
The undersigned declares:
I am the President/ Secretan of NI Wt% lMOSC-~:-party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of
the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on 3/25/2026 [date], at Santa Ana [city], CA [state].
Title President/ Secretary
BIDDER'S NAME Nieves Landscape, LLC.
CITY o/VORBA LINDA Bid Documents I 12
State of California )
County of Orange )
,, .. J~ [\(\ \"
Subscribed and sworn to (or affirmed) before me on this l2._ day of_~_ 1 Lc_fc,, _· .._V\-'-----
2026, by Greg Nieves , proved to me on the basis of
satisfactory evidence to be the person who appeared before me. (Notary Seal)
~--··········,
ANNE ELIZAIIETH CASHMAN
~ ~ , Notary Public • Cilifornia :
::.l • Orange County ~
z Commission# 2530418 -
• My Comm. Expires Sep 13, 2029
CITY of YORBA LINDA Bid Documents I 13 Page 255 of 1224 BIDDER'S NAME Nieves Landscape, LLC.
EXPERIENCE STATEMENT
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE B
Pursuant to PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder's experience in landscape maintenance of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that they have the experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor's License Board.
Citywide Landscape Maintenance Cll City of Temecula Project Title:____________ lent: _ 2021- current, $2,B3?,0001yr Stacy Fox 951-308-6306 Date: Project Value: Contact: Tel# _ . . Citywide landscape & irrigation maintenance
Description:
Subject to Federal Labor Standards: Yes
. T' I City Parks and MPS Project 1t e: _
No X
Cl
. City of Lake Forest
lent:
----------
2012-current $1,932,000/yr M. McConaha 949-461-3575
Date: Project Value: Contact: Tel# _
Landscape & irrigation maintenance of city parks, medians, parkways & Description:
slopes throughout the city.
Subject to Federal Labor Standards: Yes
X
No
CITY of YORBA LINDA Bid Documents I 14
EXPERIENCE STATEMENT (Continued)
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE B
Project Title: Citywide Landscape Maintenance Client: City of San Dimas Date: 2019-current Project Value: $559,094/yr Contact: Steve Farmer Tel #909-934-6472 Description: Citywide landscape maintenance and irrigation monitoring & reporting Subject to Federal Labor Standards:
KEY STAFF
Yes No X
Title Name
License/ Since Expires Certificate No.
California Licensed Sandy Nieves 101479 2011 2027 Pesticide Applicator Senior Staff Member to Gomez 2014 2014 2026 be Assigned I declare under penalty of perjury under the laws of the State of California that all of the represent · ns made in the EXPERIENCE STATEMENT are true and correct. Executed this 25t day of : , 2026, at Santa Ana , California.
Greg Nieves, President/ Secretary
State of California )
County of Orange )
+~
Subscribed and sworn to (or affirmed) before me on this !)5 day of /N]c;rGV\ 2026, by Greg Nieves , proved to me on the basis of
satisfactory evidence to be the person who appeared before me. (~,e~~t11i/J~ (Notary Seal) ANNE ELIZA!ETH CASHMAN
Notary Public • C1llfornla
Or,n!le County f
Commission 112530418
My Comm. Exptn,s Sep 1 J, 2029
CITY of YORBA LINDA Bid Documents I 15
Nieves Landscape, LLC.
BIDDER'S NAME
-----------
BID SCHEDULE
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE B
The undersigned certifies that all documents related to this proposal have been read and that the undersigned fully understands the terms and conditions contained therein.
The undersigned further certifies that the Contractor has visited the sites described in this contract and is fully familiar with the conditions affecting the work, the scope of the project, and all requirements necessary to perform the services described herein. The Contractor agrees that no claim shall be made against the City of Yorba Linda based on any misunderstanding of the nature or extent of the work or the conditions under which the work is to be performed. In accordance with those terms and conditions, the undersigned hereby proposes to furnish the services described herein to the City of Yorba Linda:
I. PROPOSALS: Maintenance of landscape in Maintenance Package B.
Contractors shall provide Unit Prices for all items listed on the bid schedule.
Unit Prices multiplied by the quantities shown shall determine the Total Unit Price and Annual Cost. The sum of all Annual Costs shall equal the Grand Total, which shall be used for bid comparison. In the event of a discrepancy, the Unit Price shall prevail.
Quantities and units (such as acres, square feet, or each) are estimates and may change during the course of the contract as areas are added or removed.
Unit Prices shall apply only to the actual measured quantities.
Contractors shall provide unit costs for Extra Work and Additional Labor items.
These costs shall be fully burdened and include all costs associated with performing the work, including supervision, tools, equipment, trucks, transportation, mobilization, fuel, overhead, and profit. Separate charges for vehicles, equipment, truck fees, or mobilization shall not be permitted. All Extra Work must be authorized in advance by the Agency. Extra Work shall be performed by separate forces not normally assigned to routine maintenance duties under this contract.
CITY of YORBA LINDA Bid Documents I 16
BASE MAINTENANCE WORK
Planter Maintenance All controller areas to be serviced on a monthly basis.
Item Description Acreage
Cost Per Monthly
Annual
Acre 12 X
01 Pkwy Planter Maintenance w/ Mulch 2.75 $ 680.00 $1,870.00 $22,440.00 02 Median Planter Maintenance w/ 1.15 $ 835.00 $ 960.25 $11,523.00 Mulch 03 Slope Planter Maintenance w/ Mulch 31.78 $ 902.00 $28,665.56 $ 343,986.72 04 Trail Maintenance w/ Sandbags 3 $135.00 $ 405.00 $4,860.00 Turf Maintenance
All turf areas to be serviced weekly per specification.
Item Description Acreage
Cost Per Monthly
Annual
Acre 7-X X12
05 Turf - Weekly 2.95 $849.00 $ 2,504.55 $ 30,054.60
Seasonal tasks shall be performed at least once annually and Seasonal Tasks may be requested up to three times per year depending on climatic conditions, as directed by the City Representative.
Item Description Acreage
Cost Per Per Annual
Acre Service 3X
06 Fallow Area (Vegetation 6.12 $ 250.00 $ 1,530.00 $ 4,590.00 Management) 07 Fuel Modification Zone (Vegetation 1.39 $ 250.00 $ 347.50 $ 1,042.50 Management) Total Annual Cost for Base Maintenance Work $ 418,496.82 CITY of YORBA LINDA Bid Documents I 17
SUPPLEMENTAL WORK
(Estimated quantities not guaranteed within actual scope of work) The cost basis for all extra work shall include materials and labor. Any Irrigation Repair
additional labor required to meet the mandatory response times specified in Section 5.6 shall be provided at no additional cost to the Unit Costs City. Installation shall be performed in accordance with City standards or manufacturer's details, as directed by the City Representative.
Furnish and install a Schedule 80 PVC ball valve with Schedule 80 PVC fittings and threaded nipples upstream and downstream of the valve.
Irrigation Valve - Use of male adapters is prohibited. Reinstall valve box with 1/4-inch Removal and galvanized landscape fabric, 3/4-inch gravel, and brick supports.
Installation Electrical connections shall be made using a 3M DBR/Y-6 Direct Bury Splice Kit. All labor, materials, tools, and incidentals required to complete the work shall be included in the bid price.
No
Description: Plastic Valves (Only as Qty Unit Unit total directed by City) price 08 1" Rain Bird 100-PESB Valve 20 EA $199.00 $3,980.00
09 1-1/2" Rain Bird 150-PESB Valve 25 EA $241.00 $6,025.00 10 2" Rain Bird 200-PESB Valve 15 EA $301.00 $4,515.00
11 Rain Bird PRS-Dial 10 EA $101.00 $1,010.00
12 RainBird XCZ-100-PBR-COM 20 EA $331.00 $6,620.00
13 RainBird XCZ-150-LCS 20 EA $372.00 $7,440.00
No Description: Brass Valves Qty Unit Unit total
price
14 1" Rain Bird 100-EFBCP Valve 20 EA $263.00 $5,260.00 15 1-1 /2" Rain Bird 150-EFBCP Valve 25 EA $416.00 $10,400.00 16 2" Rain Bird 200-EFBCP Valve 15 EA $498.00 $7,470.00 17 Rain Bird¾" FIP Quick Coupler 10 EA $117.00 $1,170.00 Installation and Contractor shall furnish all labor and materials to troubleshoot the valve, Servicing of clean the valve body, seats, and internal ports, and replace the RCV Valves, Battery- diaphragm assembly, including diaphragm, gaskets, O-rings, spring, and Operated solenoid. Diagnostics shall be included under the contract at no Controllers, and additional cost to the City. WireSprout Kits
No Description: Qty Unit Unit total
price
18 Furnish and instal RB PEB / EFB-CP valve repair 40 EA $60.00 $2,400.00 kit. 19 Furnish and instal conventional Solenoid - RB 20 EA $47.00 $ 940.00 PEB / EFB-CP Series Replacement CITY of YORBA LINDA Bid Documents I 18
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual scoge of work) 20 Furnish and instal DC Latching Valve Solenoid - 20 EA $53.00 $1,060.00 RB PEB/EFB-CP Series Replacement 21 Furnish and instal DC Latching Valve Solenoid - 20 EA $NIA $NIA RB PEB/EFB-CP Series Replacement 22 Furnish and instal Battery Operated Controller 20 EA $186.00 $3,720.00 Installation - Hunter Node-100 23 Furnish and instal Battery Operated Controller - 20 EA $16.00 $ 320.00 Battery Replacement Furnish and instal WireSprout Kit Installation at 104.00 1,040.00 24 Valve and Controller - Use when two valves are 10 EA $ $ wired together or when adding a valve with no extra wires.
Furnish and install all labor and materials necessary to excavate and replace Mainline Repair
failed pipe and fittings on PVC mainline up to 4-inch diameter and restore landscaping to match original grade, including restoration of sod and plants.All fittings shall be Schedule 80 PVC.
No Description: Mainline Repair Qty Unit Unit Total
price
25 1-1/2" PVC Mainline Repair 20 EA $58.00 $1,160.00
26 2" PVC Mainline Repair 20 EA $87.00 $1,740.00
27 2-1 /2" PVC Mainline Repair 20 EA $135.00 $2,700.00
28 3" PVC Mainline Repair 10 EA $181.00 $1,810.00
29 4" PVC Mainline Repair 10 EA $247.00 $2,470.00
On Grade Lateral Furnish and install all labor and materials necessary, including UV-resistant Line Repair
pipe, UV-rated fittings, supports, rebar, and clamps for failed pipe sections and fittings for¾" to greater than 2" diameter PVC lateral lines.
No. Item. Qty Unit Unit Total
price
30 ¾" - 1" On Grade Lateral Repair 30 EA $45.00 $1,350.00 31 1-1 /4" - 1-1 /2" On Grade Lateral Repair 30 EA $62.00 $1,860.00 32 2" or greater On Grade Lateral Repair 30 EA $85.00 $2,550.00 Furnish and install all labor and materials necessary to excavate and replace Below Grade failed pipe sections and fittings for¾" to greater than 2" diameter PVC lateral Lateral Line Repair lines and restore landscaping to match the original grade, including restoration of sod and plants.
No. Item. Qty Unit Unit Total
price
33 ¾" - 1" Lateral Line Repair 25 EA $35.00 $875.00
34 1-1 /4" - 1-1 /2" Lateral Line Repair 25 EA $40.00 $1,000.00 35 2" or greater Lateral Line Repair 40 EA $58.00 $2,320.00 CITY o/YORBA LINDA Bid Documents I 19
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual scoge of work} Furnish and install dripline to match the existing system, installed at a depth of Drip Tubing 1 inch for new installations. Dripline shall be center-fed. All labor and materials, includinq drip tubinq, fittinqs, supports, staples, and clamps, shall be included.
No. Item. Qty Unit Unit Total
price
35 Drip Tubing Repair 50 EA $25.00 $1,250.00
36 Drip Tubing Installation 1"Depth (Rainbird XFS- 9,000 LF $1.50 $13,500.00 CV-09-12 Series) 37 AirNacuum Relief Valve w/ 6" round box 50 EA $ 38.00 $1,900.00 38 Line Flushing Ball Valve w/ 1 0" round box 50 EA $60.00 $3,000.00 39 Hunter Eco-Indicator Drip System Indicator 50 EA $23.00 $1,150.00 Spray, Rotors, Furnish and install all labor and materials necessary to replace failed irrigation Rotary Nozzles, emission devices (sprays, rotors, and bubblers), either on-grade or by Bubbler, Spray excavation as required. Work shall include replacement of risers, elbows, Nozzles, Body, and supports, clamps, and UV-resistant pipe and fittings. Restore landscaping to riser replacement match the original grade, including restoration of sod and plants.
No Description Qty Unit Unit Total
price
40 Rain Bird MPR Series Spray Nozzles 100 EA $3.40 $ 340.00 41 Rain Bird VAN Series Spray Nozzles 100 EA $3.40 $340.00 42 Rain Bird U Series Spray Nozzles 100 EA $6.72 $672.00 43 Rainbird Adjustable Full Circle Bubbler (1300A-F 100 EA $7.60 $ 760.00 /1400 Series) 44 Rainbird R-VAN Series Rotary Nozzles 200 EA $7.82 $1,564.00 45 Hunter MP-Rotator Series Rotary Nozzles 100 EA $13.00 $1,300.00 46 Rain Bird 1804-SAM-PRS Spray Head Body 100 EA $12.56 $1,256.00 47 Rain Bird 1806-SAM-PRS Spray Head Body 200 EA $42.00 $8,400.00 48 Rain Bird 1812-SAM-PRS Spray Head Body 300 EA $48.00 $14,400.00 49 12" Sch 80 Riser Assembly (Shrub Adapter, 200 EA $9.90 $1,980.00 Marlex swing joint and rebar, clamp) 50 18" Sch 80 Riser Assembly (Shrub Adapter, 200 EA $ 13.12 $2,624.00 Marlex swing joint and rebar, clamp) 51 24" Sch 80 Riser Assembly (Shrub Adapter, 200 EA $15.58 $3,116.00 Marlex swine ioint and rebar, clamp) 52 Rainbird 1800 Series Wiper Seal 600 EA $7.00 $4,200.00 53 Hunter PGP-00-CV Shrub Rotor 100 EA $32.00 $3,200.00 54 Hunter PGP-04-CV 04" Pop-up 100 EA $44.00 $4,400.00
55 Hunter PGP-06-CV 06" Pop-up 100 EA $49.00 $4,900.00
56 Hunter PGP-12-CV 12" Pop-up 100 EA $58.00 $5,800.00
57 Hunter 1-40 Turf Rotor 25 EA $115.00 $2,875.00
CITY o/YORBA LINDA Bid Documents I 20
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual scoge of work} Furnish and install NOS Green Valve Box Series valve boxes.
Valve Box Installation shall include heat branded label, four (4) bricks, 3/4-inch Replacement gravel, and 1/4-inch galvanized mesh, and landscape fabric. All labor and materials necessary to complete the work shall be included.
No. Description Qty Unit Unit total
price
58 Replace Standard 11x17" Valve Box 50 EA $59.04 $2,952.00 59 Replace Standard 11x17" Valve Box Cover 25 EA $46.88 $1,171.88 60 Replace Jumbo 15x21" Valve Box 50 EA $97.77 $4,888.50 61 Replace Jumbo 15x21" Valve Box Cover 20 EA $65.52 $1,310.40 62 Replace 6" Round Valve Box 20 EA $23.50 $470.00
63 Replace 6" Round Valve Box Cover 10 EA $11.37 $113.70 64 Replace 1 0" Round Valve Box 20 EA $35.94 $ 718.80
65 Replace 1 0" Round Valve Box Cover 25 EA $27.89 $ 743.60 66 NOS Valve Box Extension 15 EA $62.00 $930.00
The cost basis for irrigation renovation work shall include materials, supervision, tools, mobilization, vehicles, and labor Irrigation renovation to be performed by personnel other than the regularly assigned maintenance and irrigation technician. No additional costs shall be charged to the City.
No. Description Qty Unit Unit total
price
One unit equals 100 LF of staked Rain Bird drip
tubing (XFS-CV-09-12 Series) installed in a grid
with 12-inch row spacing and emitters in a
67 triangular pattern at 1-inch depth. System shall be 200 EA $112.00 $22,400.00 center-fed and include two flush valves (one at
each end installed in 1 0" round box), one drip
indicator, one air relief valve in 6-inch round valve
boxe, and all required fittings and stakes.
One unit equal 1' of 1" PVC Drip Supply Header -
68 Center Feed, 1 foot of header, one drip 1,000 EA $18.00 $18,000.00 connection, 1 swing assembly and all necessary
fittings per City Detail.
Drip AirNacuum Relief Valve - Rain Bird ARV050 -
69 w/ 10" round box, bricks, rock, wire mesh, and 100 EA $ 37.00 $3,700.00 landscape fabric.
CITY of YORBA LINDA Bid Documents I 21
$ 697.25
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual sco12e of work} Line Flushing Ball Valve - RainBird BVAL501-S -
70 w/ 1 0" round box, 3' of solid tubing, bricks, rock, 100 EA $32.00 $3,200.00 wire mesh, and landscape fabric.
71 Drip System Operation Indicator (12" Rainbird 100 EA $35.00 $3,500.00 1800 SAM PRS w/ Operation Indicator) 1" Drip Valve Assembly Installation - Sch80 Ball
Valve, Sch80 Threaded Riser, RB EFBCP Valve,
72 Sch80 Threaded Riser, Sch80 Fittings, RB 25 EA $401.00 $10,025.00 Pressure Regulating Filter PRBQKCHK10.
Includes jumbo valve box installation. No male
adapters.
1.5" Drip Valve Assembly Installation - Sch80 Ball
Valve, Sch80 Threaded Riser, RB EFBCP Valve,
73 Sch80 Threaded Riser, Sch80 Fittings, 2 RB 25 EA $682.54 $17,063.50 Pressure Regulating Filters PRBQKCHK10. Refer to manufacturer for installation setup. Includes
jumbo box installation. No male adapters.
Drip filter installation: Sch80 Ball Valve, Sch80
Threaded Risers, Sch80 Threaded Riser, Sch80
74 Fittings, 2 Rain Bird Pressure Regulating Basket 25 EA $173.52 $4,338.00 Filters PRB-QKCHK-100. Includes jumbo box
installation. No male adapters.
Furnish and install all labor and materials necessary to install a Superior 3200 Series master valve and CST FSI Series flow sensor.
Master Valve & Flow
Provide Schedule 80 threaded risers upstream (1 OD) and downstream Sensor Installation
(5D) of the flow sensor. Provide standard valve box installation. Use 45-degree fittings when tying into the existing mainline. If elbows are required, consult the City Representative regarding thrust blocks. Male adapters are not permitted. All fittinqs shall be Schedule 80 PVC. 75 2" Master Valve and Flow Sensor Installation 15 EA $2,022.65 $30,339.79 (Superior 3200 Series & CST FSI-T20) 76 1.5" Master Valve and Flow Sensor Installation 10 EA $1,904.43 $19,044.30 (Superior 3200 Series & CST FSI-T15) 77 1" Master Valve and Flow Sensor Installation 5 EA $1,432.54 $7,162.69 (Superior 3200 Series & CST FSI-T10) Furnish and install conduit and sweeps to valve
boxes up to ten (10) feet from the controller
78 enclosure. Provide black and white 16 AWG wire 20 EA $ 75.00 $1,500.00 for the master valve and Imperial FSW16 wire for
the flow sensor. Leave a minimum of three (3) feet
CITY of YORBA LINDA Bid Documents I 22
SUPPLEMENTAL WORK CONTINUED
(Estimated guantities not guaranteed within actual sco12e of work} Furnish and install an additional ten (10) feet of
conduit. Provide black and white 16 AWG wire for
79 the master valve and Imperial FSW16 wire for the 15 EA $116.93 $1,753.95 flow sensor. Leave a minimum of three (3) feet of extra wire at both the controller enclosure,
handhole, and the valve box.
The cost basis for all planting, fertilization, herbicide, and Planting Unit Costs
pesticide extra work shall be with material and labor supplied.
This is for work performed by personnel other than the
regular landscape maintenance crews.
Turf Planting &
Maintenance
No Description Qty. Unit Unit TOTAL Price
80 Turf Area Aeration per acre including all labor and 2.9 AC $58.00 $168.20 materials per Section 5.1.5.
De-thatching (vertical mowing) of turf areas per
81 acre including all labor and materials per Section 2.9 AC $ 67.00 $ 194.30
5.1.7 82 1 unit = 100 SF. of Sod cutting, removal, and 100 EA $41.00 $4,100.00 disposal Provide/Install Dwarf Fescue Turf Sod per 1,000
83 SF including all labor and materials to install per 1,000 SF $2.50 $2,500.00 specifications.
Re-seeding of Turf Seed (Named Cultivars)
84 including Topper per 1,000 Square Feet, including 2,000 SF $0.38 $ 760.00 all labor and materials per Specifications.
Turf removal including 3 rounds of herbicide
85 treatment.sod cutting, removal , disposal, and 2,000 SF $ 3.40 $6,800.00 grading per 1,000 Square Feet, including all labor
and materials per Specification.
86 Mowing turf areas with approved mulching deck 1 AC $193.00 $193.00 per acre.
87 Mowing turf areas with bagging deck per acre. 1 AC $218.00 $218.00 Shrub Planting & Planting may occur on slopes or in parkways and will be warrantied for one Maintenance year. Include Backfill mix 1 :1 Native Soil and Compost, 20 lbs Gypsum/ yd. 88 Annual seasonal color Premium (16 plants) 25 EA $68.00 $1,700.00 89 Annual seasonla color Non premium (16 Plants) 25 EA $42.00 $1,050.00 90 Provide/Install 1 Flat rooted cuttings (64 Plugs) 30 EA $43.00 $1,290.00 includinq all labor and materials 91 Provide/Install 1 Gallon shrub including all labor 3000 EA $17.00 $51,000.00 and materials to install per Specifications.
92 Labor Cost to install 1 Gallon Shrubs 500 EA $8.16 $4,080.00 CITY of YORBA LINDA Bid Documents I 23
SUPPLEMENTAL WORK CONTINUED
(Estimated quantities not guaranteed within actual scope of work) 93 Provide/Install 1 Gallon shrub including all labor and 3000 EA $NIA $NIA materials to install per Specifications.
94 Labor Cost to install 1 Gallon Shrubs 500 EA $NIA $NIA 95 Provide/Install 5 Gallon shrub including all labor and 2000 EA $38.00 $76,000.00 materials to install per Specifications.
96 Labor Cost to install 5 Gallon Shrubs 500 EA $18.24 $9,120.00 97 Provide/Install 15 Gallon shrub including all labor and 500 EA $88.00 $44,000.00 materials to install per Specifications.
98 Labor Cost to install 15 Gallon Shrubs 500 EA $42.24 $21,120.00 99 Provide/ Install specified approved mulch above 250 CY $48.00 $12,000.00 contract amount.
100 Mow/trim/thin/clean up ground cover 1,000 SF $0.09 $ 90.00 101 Hedge trim shrubs - formal (three faces) per 100 LF. 100 LF $0.19 $19.00 Planting can be on slope or in parkways shall include (2) Tree Planting irrigation bubblers, (3) stakes min., (6) Cinch Tie min, Myco Tab per mfg. stds., and warranted for one year.
No. Item Qty. Unit Unit TOTAL Price
102 Furnish and install 15 Gallon Tree including all labor, 100 EA $148.00 $14,800.00 stakes, irrigation and materials per City Std.
103 Furnish and install 24" Box Tree including all labor, 250 EA $440.00 $ 110,000.00 stakes, irrigation and materials per City Std.
104 Furnish and install 36" Box Tree including all labor, 4 EA $1,150.00 $4,600.00 stakes, irrigation and materials per City Std.
105 Furnish and install 48" Box Tree including all labor, 4 EA $1,975.00 $7,900.00 stakes, irrigation and materials per City Std.
106 Furnish and install (2) bubblers tied into adjacent 30 EA $108.00 $3,240.00 lateral - RB 1402 107 Furnish and install (3) bubblers tied into adjacent lateral 20 EA $124.00 $2,480.00 - RB 1402
Fertilizer/ Herbicide / Pesticide
Application
Turf Area application labor of JTM 8-2- 7 w/ Kelp at 250 108 lbs. of fertilizer/acre per application per Section 2.9 AC $ 166.00 $ 481.40
5.1.6. 109 Cost of JTM 8-2- 7 w/ Kelp at 250 lbs. of fertilizer/acre 2.9 AC $393.00 $1,139.70 per application per Section 5.1.6.
Planter Area application labor of JTM 8-2- 7 w/ Kelp at 110 250 lbs. of fertilizer/acre per application per Section 40.59 AC $ 178.00 $7,225.02
5.1.6. CITY of YORBA LINDA Bid Documents I 24
SUPPLEMENTAL WORK CONTINUED
(Estimated quantities not guaranteed within actual scope of work) 111 Furnish and apply JTM 8-2-7 w/ Kelp at 200 lbs. of 40.59 AC $391.00 $15,870.69 fertilizer/acre per application per Section 5.1.6. 112 Furnish and apply Turf (Large Area) broad leaf herbicide 2 AC $295.00 $590.00 113 Furnish and apply (Spot Application) broad leaf 2 AC $106.00 $212.00 herbicide
114 Furnish and apply Planter (Large Area) broad leaf/ 10 AC $212.00 $2,120.00 crass herbicide.
115 Furnish and apply Planter (Spot Application) broad 10 AC $100.00 $1,000.00 leaf/ crass herbicide 116 Furnish and apply Gopher bait per acre 10 AC $204.00 $2,040.00 117 Flail mow/weed-eat/clear fallow areas 5 AC $408.00 $2,040.00 118 Trail Resurfacing excavate & dispose 3" of native, 1,000 SF $2.98 $2,980.00 place 3" and compact stablized D.G.
No.
Optional Alternative Chemical Free Weed/ Pest Qty. Unit Unit X12 Control Price TOTAL
If the Agency elects to prohibit the use of synthetic
herbicides or pesticides, the Contractor shall provide a 119 net additional monthly cost to perform the work using 43.1 AC $148.00 $76,545.60 alternative methods (see Specification Section 5). Pricing shall reflect industry-standard costs.
Additional labor rates shall be fully burdened and shall include all costs associated with performing the work, including but not Labor Rates limited to supervision, tools, equipment, transportation, mobilization, overhead, and profit. No additional compensation will be provided for these items.
120 Laborer 200 HR $42.00 $8,400.00
121 Irrigation Technician 100 HR $68.00 $6,800.00
122 Herbicide / Pesticide Applicator 100 HR $68.00 $6,800.00 123 Tractor & Operator 200 HR $82.00 $16,400.00
Environmental Testing
124 Soil analysis - gathered, processed and report 5 EA $125.00 $625.00 125 Tissue analysis - same as above 5 EA $150.00 $750.00 Estimated Total Annual Cost for Supplemental Duties $ 852,853.54 GRAND TOTAL BID AWARD PRICE PER YEAR $ 1,271,350.36
(include all base and supplemental cost components here) (AMOUNT WRITTEN IN WORDS): One million two hundred seventy-one thousand three hundred fifty dollars and 36 cents
CITY of YORBA LINDA Bid Documents I 25
One Million-two Hundred Seventy-One Thousand Three Hundred Fifty Dollars and 58 cents $ 852,853.76 $1,271,350.58
II. BID PRICE: Total bid award price shall include all labor, services, materials, tools, equipment, supplies, transportation, and all other items and facilities necessary to complete this contract. The bid award shall be based on the combined total of the Base Monthly Maintenance Work and Supplemental Work.
A bid that includes pricing for Extra Work or Optional Alternative Chemical-Free Pest/Weed Control that is excessive compared to similar items in the Base Monthly Maintenance Work, substantially exceeds industry standards, or is significantly higher than pricing for such items in other bids may cause the entire bid to be deemed non-responsive at the Agency's discretion. The Agency reserves the right to contract with a different entity to perform Extra Work or Optional Alternative Chemical-Free Pest/Weed Control, if determined to be in the best interest of the Agency.
All contractors shall prepare their own cost estimates and complete all blank spaces in the bid sheet and questionnaire. The City of Yorba Linda is not responsible for the contractor's cost estimates.
Please Note: Budget cuts or monetary adjustments by Federal, State, County, or City governments may significantly affect the level of service for this contract.
The Contractor agrees to adjust the level of service, without changing other contract conditions herein, if notified to do so within a reasonable period of time.
Ill. BONDS AND INSURANCE: Upon contract commencement, and prior to work commencement, contractor shall furnish a faithful performance bond in an amount not less than one hundred percent (100%) of the total amount of the bid price named in the contract, and a labor and material bond not less than one hundred percent (100%) of the total amount of the bid price named in the contract. Said bonds shall be formatted per bond documents to be provided by the agency to the successful bidder. Only bonds issued by companies that are admitted to do business in the State of California will be accepted.
Contractor shall also provide the City with insurance certificates prior to work commencement as set forth in the contract document included herein.
IV. TERMS AND CONDITIONS: Payment Terms: Net 60 days after receipt of approved invoices.
REMARKS (Additional sheets may be used to complete):
CITY of YORBA LINDA Bid Documents I 26
The Contractor certifies that they have visited and inspected the project sites described in this contract and are fully familiar with the conditions that may affect the work. The Contractor further acknowledges that they understand the scope of the project and all requirements necessary to perform the services described in this agreement.
By entering into this contract, the Contractor agrees that no claim shall be made against the City of Yorba Linda arising from any misunderstanding or lack of knowledge regarding the nature, extent, or conditions of the work to be performed.
X
Yes __ No __
F
. N Nie es Landscape, irm ame: _
dd
1629 E. Edinger Ave.
A ress: -------------------------
C
. Santa Ana, CA
1ty: -------------
714-641-3071
Phone: ---------------
92705 Zip: _
D
3/25/2026
ate:
---------
CITY o/YORBA LINDA Bid Documents I 27
ADDITIONAL PAPER MAY BE USED TO COMPLETE ANSWERS, AS NECESSARY
EQUIPMENT
List the types of equipment and number of each to be assigned to this contract. • Mowers (riders) 2 (walk behind) 1 (trim) _1 _
• Walk behind wheeled Edgers _1 _
• Blowers ------------ 2
• Weed eaters 2 Stick trimmers 1
------- ----------
• Power hedge trimmers _2 _
• Fertilizer spreaders (walk behind/ tractor mount type) _3 __ / _1 _ • Irrigation controller remote units __ 1 _
• Turf aerators 1 Vertical mowers 1
--------
• Trucks 3 ------------
• Trailers 3 Tractors 1
---------- ----------
Also list all back-up equipment available:
Trucks, trailers, tractors, tractor attachments, ride-on & walk behind mowers, walk behind edgers, string trimmers, stick hedge trimmers, aerators, verticutters, Projected Annual Equipment Costs: _$_1_8_,0_0_0 dollars
SUPPORT FACILITIES
Give the address of the yard from which work crews will be assigned. 1629 E. Edinger Ave., Santa Ana, CA 92705
Give the address of the main office: 1629 E. Edinger Ave., Santa Ana, 92705 What facilities and procedures do you have for equipment maintenance and repair? At the main yard we have (3) FT mechanics on staff to address any repairs What communication system will you use on this contract to communicate between field and office? _Sm_ art phone _,_ _
What is your local toll free telephone number? _8_0_0-_9_5_5_-6_2_2_2 _ What telephone number is available for emergency service? 714-641-3071 CITY of YORBA LINDA Bid Documents I 28 Page 270 of 1224
PERSONNEL
Included here are approximate minimum labor inputs required to complete the scheduled tasks included in these specifications. These values are included as a guideline to evaluate the adequacy of each vendor's bid by establishing the minimum required labor needs anticipated to complete the work. If the vendor's quote includes significantly less labor than these levels, bidder must be able to justify the apparent lack of labor input for the effort.
DESCRIPTION OF TASK DAYS TO MAN-HOURS
COMPLETE per week
Package B
On-Site Supervisor 1 > 8 hours min.
Working Crew Leader 5 40 hours min.
Landscape/ Trail Maintenance Crew 5 200 hours min.
Mow/edge/trim/blow Crew 2 > 16 hours min.
Irrigation Tracking/ Repair 5 40 hours min.
Herbicide/ Pesticide Application 3 24 hours min.
Total Man-Hours Per Week (min.) > 328 hours min.
List the minimum number of man-hours per week (or Full-time-equivalents) by task that will be assigned to this contract:
On-Site Supervisor 8 hrs/ wk
Mow/edge/trim/blow 16 hrs/ wk
Detail of planter beds I Slope Maintenance 160 hrs/ wk
Weed Crew (Hand Pulling) 80 hrs/ wk
Irrigation Tracking/ Repair 40 hrs/ wk
Herbicide/ Pesticide Application 24 hrs/ wk
Total Man-Hours Per Week 328 hrs/ wk
* Seasonal duties are defined as aerating, fertilizing, planting or any other nonroutine task called for in the specification as a required function of the contractor.
*Seasonal duty crew 32 - 80 hours
CITY of YORBA LINDA Bid Documents I 29 Page 271 of 1224 What is the average base pay rate for typical Laborers included above? $17.25-$19.00 What is the average base pay rate for an Irrigation Tech? $22.00-$26.00 What is the average base pay rate for a licensed Chem App Tech? $22.00-$26.00 What is the average base pay rate for a licensed Driver? ....:. $_2_0_.0_0_-$;_2_5_.0_0 _ What is the benefits rate as a percentage of base pay (overhead percentage)? 28% Who will be the Contractor's Representative with the City? _E_d"""g'-a_r _S_im_o_n _ How many hours per week will they be present in the City?_8_-1_6_hr_s_/_w_k _ What is his/her background? Over 15 years of experience in landscape & irrigation work What is his/her education? High school with some extension course What is his/her salary range?_$_6_5;_,0_0_0_---'-$_7_5,;_0_0_0...,__p_e_r ,._ey_a_r _ Who will be the Contractor's Irrigation Tech with for City?_T_B_D _ How many hours per week will they be present in the City? 24-40 hrs/ wk What is his/her background? shall have min. of 5 yrs of experience in irrigation work What is his/her education? TBD ---------------------
Who will be the Contractor's Pesticide Applicator for the City? _T_B_D _ How many hours per week will they be present in the City?_8_-2_4_hr_s_/ _w_k _ What is his/her background? shall have min. of 5 yrs of experience in chem application What is his/her education? TBD ---,--------------------- What is his/her salary range? $20-25/ hr -------------------- What size crew would be available to perform extra work such as planting, weed clearing, trimming etc. 3-5 person crew
Projected Annual Labor Costs: ....:. $_2_3_0.:...,_ ,0_0_0 dollars Materials: List the materials and the yearly costs for each:
Chemicals: Ranger Pro, Speedzone, Fusilade, Gopher Bait Irrigation supplies: Heads, nozzles, rotor, pipes, fitting, etc Projected Annual Material Costs: -'$_1_7"'-,5_0_0 dollars CITY of YORBA LINDA Bid Documents I 30 Page 272 of 1224
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 _G_r_e..._ g_N_ie_v_e_s Telephone No. 714-641-3071 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 25th day of March , 2026.
BIDDER Nieves Landscape, LLC.
State of California
County of Orange
Subscribed and(worn to (or aff\rmed) before
me on this & day of rf\cr0h , 2026,
by Greg Nieves
proved to me on the basis of satisfactory evidence
~~:ef;°i:it!:w
(Signature ofN<:(ary Public)
(Notary Seal)
)
)
i····ANN-E E--LIZAI·ETH -CAS·H··MAN 1 : Notary Public - California z i Orange County ~ Commission# 2530◄18 -
My Comm. ExpirM Si,p 13, 202'
Title President/ Secretary
Date 3/25 , 2026
(Seal)
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 -------------
CITY of YORBA LINDA Bid Documents I 31 Page 273 of 1224 •
QUESTIONNAIRE TO 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 employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law of a safety regulation? Yes
-----
Nox
----
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:
N/A
Note: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of the questionnaire.
CITY of YORBA LINDA Bid Documents I 32 Page 274 of 1224 NOTE:
QUESTIONNAIRE TO CONTRACTORS (Cont.)
THE FOLLOWING QUESTIONS RELATE TO NONPERFORMANCE OF PREVIOUS CONTRACTS ONLY.
1. List any lawsuit(s) filed against you or your firm over the past ten (10) years for breach or non-performance of contract:_N_o_n_e _
2. List the result(s) of any lawsuit(s):_N_IA _
3. List any claim(s) filed against you or your firm over the past ten (10) years:
None
4. List the results of each claim:
N/A
5. List any contracts that have been dismissed, abandoned, or stopped prior to their original specified term length by either the Contractor or the Client with reason for such action for the previous (10) years:_N_o_n_e _ CITY of YORBA LINDA Bid Documents I 33
6. 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:_ None
7. List projects similar to the type applied for herein which you have worked on and how recently project was performed:
Cities of Aliso Viejo, Brea, Fountain Valley, Huntington Beach, Lake Forest, Mission Viejo, Orange, San Dimas, Temecula and Yorba Linda
I DECLARE UNDER PENALTY OR PERJU
TRUE, COMPLETE, ACCURATE AND C
3/25/2026
Dated
CITY of YORBA LINDA Bid Documents I 34 Page 276 of 1224 QUESTIONNAIRE TO CONTRACTORS (Cont.)
1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( X)
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 ( ) No ( x)
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 ( x)
5. If the answer to No. 4 is "Yes," please explain the following detail:
N/A i. Date(s): _
N/A ii. Name of person or group: _
iii. Job involved (if applicable):_N_IA _
N/A
iv. Nature of threats: -------------------
N/A
v. 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 (X )
Please submit a statement to reflect your response.
7. Was a conscious effort made to recruit and hire project area lower-income residents? Yes ( ) No (X )
CITY of YORBA LINDA Bid Documents I 35 Page 277 of 1224 Please submit a statement to reflect your response.
We declare under penalty of perjury that the foregoing is true and correct. . 25th f March Dated this day o , 2026.
Nieves Landscape, LLC.
Greg Nieves
By,~,..&.f/-_;_-t---1-~-ir":..::u.i<,L.- _
President/ Secretary
Title -------------
CITY of YORBA LINDA Bid Documents I 36 Page 278 of 1224 \ '
ADDENDUM RECEIPT CERTIFICATION
LANDSCAPE MAINTENANCE SERVICES
LMAD PACKAGE B
Bidder acknowledges receipt of this Addendum and inclusion of its conditions in his bid by signature below and attachment of this Addendum to his bid. BIDS NOT CONTAINING THIS CERTIFICATION WILL BE REJECTED.
3/30/2026
Addendum No. 1 Date:
------
3/30/2026 Received by: ......_ __ ~------ Date: _
nature)
Joshua Cho T.
1 Business Development Name:_______________ itle: _
(Print)
Authorized Signature)
N
Greg Nieves T.
1 President/ Secretary
ame:_______________ itle: _
(Print)
ATTACHMENT 2 – Bids Received List
Bidder Bidder Location Amount (Annual)
Stay Green Santa Clarita, CA $ 2,047,645.50
Mariposa Landscape Inc. Irwindale, CA $ 2,092,395.00
DMS Facility Services
(Deemed Unresponsive) Anaheim, CA $ 3,439,083.96
Merchants Landscape Services
(Deemed Unresponsive) Santa Ana, CA $ *1,222,671.46
Nieves Landscape, LLC Santa Ana, CA $ *1,271,350.58
Greentech Landscape Inc.
(Deemed Unresponsive) Santa Fe Springs, CA $ 1,638,288.10 *Bid amount adjusted due to clerical math errors identified in the bid documents. Asterisk denotes a revised amount from the total read at bid opening.
L1-A
L1-B
L1-C
L1-E
L2-A
L2-C
L2-E
L2-F
L2-G
L2-T
L2-J L2-K
L2-K
L2-L
L2-M
L2-V
L2-O
L2-P
L2-Q
L2-R L2-S
L3
L4-A
L4-B
L5-A
L5-B
L5-C
L2-U L2-G
L2-B
L2-D
L2-H
L2-I
L2-N
L1-F
L1-F
L1-D
L1-D
LAKEVIEW
VALLEY VIEW
WEIR CANYON
ESPERANZA
FAIRM
ONT
IMPERIAL
YORBA LINDA
GYPSUM
CANYON
BASTANCHURY
91 VILLA
G
E
CENTER
KELLOGG
RICHFIELD
BUENA VISTA
ROSE
VIA L OMAS DE YORBA
LA PALMA
LMAD Inspector Map ²
Maintenance Package
PKG -A PKG -B PKG -D PKG -C PKG -E PKG - G PKG - F PKG A - ALBERT PKG A - ALBERT PKG D - CAM/ JESUS PKG E - TIM PKG F - JESUS PKG G - JESUS CITY BOUNDRY PKG C - TIM
PUBLIC WORKS DEPARTMENT
DATE: MAY 19, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER PREPARED BY: MONSE GARCIA, MAINTENANCE CONTRACT
ADMINISTRATOR
SUBJECT: APPROVE AN AGREEMENT FOR LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT PACKAGE D SERVICES WITH NIEVES
LANDSCAPE, LLC
RECOMMENDATION
1. Approve an agreement with Nieves Landscape, LLC. for Landscape Maintenance Assessment District Package D services for an initial three-year term in the aggregate amount of $3,779,970.93.
2. Deem Merchants Landscape Services unresponsive due to not meeting the minimum staffing requirement identified in the bid documents and not providing sufficient justification for reduced staffing.
3. Approve annual contingencies for additional services or unanticipated work, provided the contingency amount does not exceed 15% of the annual agreement amount for the applicable fiscal year ($188,998.55).
SUMMARY
The City solicited bids for Landscape Maintenance Assessment District (LMAD) Package D landscape maintenance services in anticipation of the current agreement expiring on June
30. Public Works determined Nieves Landscape, LLC. is the lowest responsive and responsible bidder. The proposed agreement includes an initial three-year term with a total cost of $3.8 million, plus annual 15% contingencies of up to $189,000.
DISCUSSION
The current agreement for landscape maintenance services for LMAD Package D (See Attachment 3 – Maintenance Packages Map expires June 30, 2026. Consistent with policy, the City conducted a competitive bidding process and received six bids on April 2, 2026 (Attachment 2 - Bids Received List).
L M A D P A C K A G E D S E R V I C E S
P A G E | 2
Public Works reviewed the bids in accordance with the requirements and deemed three bids non-responsive for failing to acknowledge required addenda or meet the minimum bid requirements outlined in the Invitation for Bids.
Although Merchants Landscape Services was the apparent lowest bidder, Public Works recommends deeming the bid non-responsive because the contractor proposed labor levels below the minimum personnel requirements under Section 7, Bid Schedule, Personnel, page 29 of the bid documents and did not provide any justification demonstrating its ability to perform the work. This bid requirement was reiterated in Addendum No. 1 in the City’s response to Question 21. Merchants was informed that Public Works would recommend that Merchants’ bid be deemed non-responsive and Merchants did not dispute that it did not provide the justification required in the bid.
After review, Public Works determined that Nieves Landscape, LLC. is the lowest responsive and responsible bidder, with an annual bid amount of $1,259,990.31. Nieves is an existing City maintenance contractor and has consistently provided satisfactory services.
The agreement also includes provisions to facilitate the use of organic pesticides should synthetic herbicides become prohibited. Public Works is piloting organic pesticides to assess their overall effectiveness and any transition to organic pesticide applications would increase costs.
FISCAL IMPACT
The LMAD zones included in Maintenance Package D are projected to have sufficient funding to cover annual maintenance costs of the initial three-year term of the agreement.
ALTERNATIVES
Do not approve the recommended action and provide alternative direction.
ATTACHMENTS
Attachment 1 – Agreement with Nieves Landscape, LLC.
Attachment 2 – Bids Received List
Attachment 3 – Maintenance Package D Map (Maintenance Packages Map)
Contract
Services
Agreement
2905/009410-1001
19412635.3 a05/08/26
Contract Services Agreement | 1
Project Name/No.: Landscape Maintenance/Package D Contract No.: ____________ Dept./Contract Rep: PW-LMAD/ M. Garcia Approved:
CONTRACT SERVICES AGREEMENT
LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAITNENANCE
ASSESSMENT DISTRICT PACKAGE D
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this 1st day of July, 2026 by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and Nieves Landscape, LLC., a Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement.
Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”). Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on July 1, 2026 and expire on June 30, 2029. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than two (2) additional one-year term extensions. Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator.
The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
2905/009410-1001
19412635.3 a05/08/26
Contract Services Agreement | 2
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein.
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, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term 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.
c. 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. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship.
Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its