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Home My WebLink AboutItem 29 - Agreement for Landscape Maintenance Services for Water Facilities and Corporate YardPublic Works Agency www.santa-ana.org/public-works Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 20, 2024 TOPIC: Landscape Maintenance Services for Water Facilities and Corporate Yard AGENDA TITLE Agreement with Mariposa Landscape Inc. for Landscape Maintenance Services at Water Production Facilities and the Corporate Yard (Specification No. 24-018) (Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Mariposa Landscape Inc. for landscape maintenance services for a three-year term beginning August 20, 2024 and expiring August 19, 2027, with a provision for two, one-year renewal options, for an aggregate amount of $695,760, including a contingency of $160,560, for the term of the agreement, including renewal options exercisable by the City Manager (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA)'s Water Resources Division is responsible for landscape maintenance at 26 water enterprise facilities, such as well sites, pump stations, and the Corporate Yard. Landscape maintenance services include mowing, weed mitigation and removal, trash removal and disposal, and irrigation system maintenance. In addition to these routine maintenance services, the proposed agreement includes repairs and renovations/beautification on an as -needed basis at the sites outlined in the RFP as requested by staff. To allow for such repairs and renovations/beautification projects, the proposed agreement includes a contingency amount of $160,560, or approximately 23% of the base compensation amount of the agreement. On March 11, 2024, PWA issued Request for Proposals (RFP) No. 24-018 (Exhibit 1) for landscape maintenance services at 26 water facilities and the City's Corporate Yard. The RFP was advertised on the City's PlanetBids website. Fourteen bids were received and six were determined to be responsible and responsive to the specifications and mei the City's requirements. Six proposals were evaluated by a selection committee based on the criteria as outlined in the RFP. Below is a summary of the RFP results. Landscape Maintenance Services for Water Facilities and Corporate Yard Aug 20, 2024 Page 2 248 Vendors Notified 1 Santa Ana Vendor Notified 42 Vendors Downloaded the Bid Packet 14 Bids Received 1 Bid Received from a Santa Ana Vendor The list of the firms and each respective ranking is as follows: Firm City Rank Mariposa Landscapes, Inc. Irwindale, CA 1 Southern California Tree and Landscape Management, Inc. Torrance, CA 2 New Generation Landscape Management, Inc. San Bernardino, CA 3 Master Landscape & Maintenance, Inc. Westminster, CA 4 Greentech Landscape Inc. Whittier, CA 5 Greenfield Landscaping & Maintenance, Inc. Hacienda Heights, CA 6 Staff recommends awarding an agreement to Mariposa Landscape, Inc. for Landscape Maintenance services (Exhibit 2). The firm's rates are reasonable and within industry standard and the proposal was determined to provide the best value for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The current fiscal year funding is available in the FY 2024-25 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit — Description Description Account # 06017640- Water Water Utility Water $99,036 62300 Production & Supply Contract Services - 2024-25 Professional 08517138- City Yard City Yard Operations $40,116 62300 Operation Contract Services - Professional 06017640- Water Water Utility Water $99,036 2025-26 62300 Production & Supply Contract Services - Professional Landscape Maintenance Services for Water Facilities and Corporate Yard Aug 20, 2024 Page 3 Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit — Description Description Account # 08517138- City Yard City Yard Operations $40,116 62300 Operation Contract Services - Professional 06017640- Water Water Utility Water $99,036 62300 Production & Supply Contract Services - 2026-27 Professional 08517138- City Yard City Yard Operations $40,116 62300 Operation Contract Services - Professional Renewal Option 06017640- Water Water Utility Water $99,036 62300 Production & Supply Contract Services - 2027-28 Professional 08517138- City Yard City Yard Operations $40,116 62300 Operation Contract Services - Professional 06017640- Water Water Utility Water $99,036 62300 Production & Supply Contract Services - 2028-29 Professional 08517138- City Yard City Yard Operations $40,116 62300 Operation Contract Services - Professional TOTAL $695,760 EXHIBIT(S) 1. RFP 24-018 Landscape Services for Water Facilities and Corporate Yard 2. Mariposa Landscape Inc. Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 REQUEST FOR PROPOSAL NO.: 24-018 FOR LANDSCAPE MAINTENANCE SERVICES FOR WATER FACILITIES AND CITY CORPORATE YARD - CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S Daisy Avenue, Building A Santa Ana, CA 92703 Kathia Reyes Project Manager (714) 647- 3319 Office KReyes2@santa-ana.org dr- Nabil Saba, PE Executive Director Public Works Agency Issue Date: Monday, March 11, 2024 Deadline for Requests for Information: Friday, March 22, 2024 Proposal Due Date: Friday, April 5, 2024, 12:00 P.M. Projected Award Date: Tuesday, May 21, 2024 (9) CITY OF SANTA ANA BACKGROUND..............................................................................................................................3 II. OVERVIEW OF PROJECT............................................................................................................3 III. SCOPE OF SERVICES..................................................................................................................3 IV. TERM OF AGREEMENT................................................................................................................3 V. MINIMUM QUALIFICATIONS........................................................................................................3 VI. RESPONSE TO RFP.....................................................................................................................4 VII. CERTIFICATIONS (ATTACHMENTS)...........................................................................................7 VIII. REFERENCES...............................................................................................................................7 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE...........................................................................8 X. SELECTION PROCEDURES & CRITERIA....................................................................................9 XI. WITHDRAWALS...........................................................................................................................11 XII. GENERAL TERMS AND CONDITIONS.......................................................................................11 XIII. AWARD OF AGREEMENT..........................................................................................................16 XIV. IMPLEMENTATION ......................................................................................................................16 EXHIBITS Exhibits provided herein for Proposers' reference only. EXHIBIT I — SCOPE OF SERVICES EXHIBIT 11 — SITE LOCATIONS EXHIBIT III — SAMPLE AGREEMENT ATTACHMENTS A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C PROPOSER'S STATEMENT D NON -COLLUSION AFFIDAVIT E NON -LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION CITY OF SANTA ANA I. BACKGROUND Incorporated in 1886, Santa Ana, a Charter City, established a Council -Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full -service City with a diverse population of approximately 335,000. The City's eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million. The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California. The City of Santa Ana (City) is seeking Request for Proposals (RFP) for landscape maintenance services for Water Facilities, City Yard, and the Santa Ana Regional Transportation Center (SARTC). A detailed scope of work is included in EXHIBIT 1: SCOPE OF SERVICES of this RFP. SEE EXHIBIT I — SCOPE OF SERVICES Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. V. MINIMUM QUALIFICATIONS Bidder must have a minimum five years' experience providing the same or similar services to public agencies. (a CITY OF SANTA ANA A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbods.com/ op rtal/portal.cfm?Com aannVID=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City's assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. aCITY OF SANTA ANA Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the "Addenda/Emails" tab. General process questions may be directed to the following: Kathia Reyes Project Manager KReyes2@santa-ana.org D. EXCEPTIONS Requests submitted for City's consideration of proposed terms and conditions, including modifications to the City's RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City's terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system, https://www.planetbids.com/ op rtal/portal.cfm?Com aannylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. (a CITY OF SANTA ANA Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a MAXIMUM of 10 DOUBLE SIDED PAGES (excluding City's required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11" x 17". Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Kathia Reyes, Project Manager City of Santa Ana — Public Works Agency 220 Daisy Avenue, Bldg A Santa Ana, CA 92702 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Section III — Scope of Services (Above). c. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT III — Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organizational chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm. e. Understaning Scope of Services Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of. f. References Attachment B — References shall be submitted for similar projects performed for state and/or similar government clients within the last five (5) years. 2. -Gost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves aCITY OF SANTA ANA the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. If providing hourly rate sheets, Proposer shall not include rate ranges or averages. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. H. PROTEST Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: Attachment A: Proposer's Certification and Proposal Item Pricing Attachment B: References Attachment C: Proposer's Statement • Attachment D: Non -Collusion Affidavit • Attachment E: Non -Lobbying Certification • Attachment F: Non -Discrimination Certification The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: City will not waive notarization requirement when applicable on any of the required attachments. VIII. REFERENCE Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and aCITY OF SANTA ANA telephone numbers. Use ATTACHMENT B — References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if. - References fail to substantiate Proposer's description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Additionally, Contractor shall provide the following insurance coverage: Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. If Vendor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Vendor's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. (a CITY OF SANTA ANA 2. Vendor's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Vendor under this Agreement. 3. For any claims related to this contract, Vendor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Vendor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Vendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Vendor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Vendor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. (a CITY OF SANTA ANA B. Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP • Proposal's compliance with the requirements of this RFP. 30 • Scope of Services offered including ability to provide optional services. Experience of Firm and Personnel • The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned 15 staff. Relevant Project Experience 15 Cost of Proposal • Fees 30 • Hourly Rates for as -needed requests References • References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100 C. A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non- responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. E. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. (9) CITY OF SANTA ANA Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City's website: www.santa-ana.ora C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end (9) CITY OF SANTA ANA product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR'S EXPENSE Pre -Contractual Ex ep nses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre -contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre -proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Ex ep nses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor's proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall (9) CITY OF SANTA ANA become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG -FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager's attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT III — Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub -contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. (9) CITY OF SANTA ANA N. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON -PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. (9) CITY OF SANTA ANA T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City's Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. Z. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or (9) CITY OF SANTA ANA maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirement on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT III Sample Agreement of this RFP. "Proposer" will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES INTRODUCTION AND BACKGROUND The City of Santa Ana, Water Resources Division issues this bid document to procure full and complete contract landscape maintenance at designated sites, herein described, and that such sites be kept in a healthy, weed -free, vigorous, and well -kept state at all times. The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, fertilizers, insecticides, rodenticides, chemicals and other items needed to perform landscape maintenance work as directed herein. The Contractor shall provide complete landscape maintenance at all work sites, including, but not limited to pruning, structural shaping of young trees, shrubs, and ground cover plants; trimming overgrowth of all foliage and preventing growth on top of city equipment; removing and controlling weeds; controlling plant diseases and pests; mowing turf; edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; and other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in good condition with accepted standards for growth, color, and appearance. Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but no limited to, the following: • Hnrdscape cleaning • Weeding, cultivating and brush control both mechanically and with chemicals • Fertilizing • Shrub and groundcover trimming, pruning, training • Mowing and verticutting • General rodent, pest and disease control on landscape planting and turf • General drainage structure and system maintenance • Reporting for vandalism, graffiti, or any safety concerns • General litter control, refuse removal, and grounds policing • Plant replacement • Access roadway clearance and visibility maintenance • Minor tree pruning and staking of trees under 12 feet in height • Irrigation programming, monitoring, maintenance, and repair • Emergency maintenance/service (9) 1. ROUTINE MAINTENANCE CITY OF SANTA ANA Routine maintenance shall include but not be limited to the following services performed on all work sites listed in Exhibit II. 1.1. TURF CARE All turf shall be mowed weekly with mulching mowers. Subject to the approval of the City of Santa Ana, the contractor may reduce the mowing frequency to biweekly during periods of rain or prolonged cold. All grass clippings shall be left in place with the exception of large accumulations, which shall be collected and removed after each mowing. All roadways adjacent to work areas shall be kept clean at all times. All turf shall be cut to a height appropriate for the type of grass being mowed. Mowers shall be maintained in optimum condition with sharp blades to provide a smooth, even cut without tearing of the leaf blades. Turf shall only be mowed after two (2) consecutive non -watering days and/or as directed by the City of Santa Ana. Any and all signs found onsite or on trees shall be removed, including but not limited to political, garage sale, lost and found, etc. All litter/debris shall be picked up prior to mowing. All turf and hardscape areas including but not limited to the outside and inside perimeter of the City property including sidewalks and streets shall be free of turf clippings, plant debris and trash at the end of the scheduled mow day. All turf shall be edged with blade trimmer adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained as if the turf area abuts a shrub bed or property line. Edging and detailing shall be performed weekly. Following each edging, all edging debris shall be removed. Turf shall be mechanically edged during the mowing of each week. The edging along sidewalks, curbing and other concrete shall be performed with a blade type edger. Sidewalks and other hard surfaces shall be properly cleaned after each edging including grass stains or marks made as a result of the mowing process. Contractor shall flag all irrigation sprinklers prior to commencement of work. All turf growing adjacent to irrigation hardware, tree trunks, or any other landscape amenity shall be neatly detailed by string trimmer and/or chemicals to twelve (12) inches in all directions of said objects. Blade trimmers are prohibited from usage twelve (12) inches around any tree, shrub, or establish plant base. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phototoxicity become recognizable. (9) CITY OF SANTA ANA Any damage, as determined by the City of Santa Ana, caused to irrigation components, sprinklers, valves, etc., or plant material by edging equipment and/or mowers shall be replaced by the Contractor at Contractor's expense. •\ Lawns shall be fertilized four (4) times annually with a "complete fertilizer". Fertilize two (2) times per year during the months of December and February using 22-3-9 at the rate of five pounds (5 lbs.) per 1000 square feet or approved equivalent program. During the months of June and October fertilize with 16-6-8 at the rate of six pounds (6 lbs.) per 1000 square feet two (2) times per year, or approved equivalent program. Due to the broad geographical area of the contract, the City may from time to time adjust or change the fertilization specifications contained herein as a result of consultation with Contractor. All fertilization shall be included with the landscape maintenance of each contract area. Contractor shall supply and transport all required fertilizers and include costs in the bid to the City. Turf areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the turf area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the turf area. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering. Turf areas shall not be maintained in an over watered and/or saturated condition. Contractor shall respond immediately to signs of turf stress. Turf lost due to stress shall be deemed contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor's expense. Trimming of grass around the trees in the turf area shall be performed during the mowing of each week in such a manner as to avoid damage to the tree trunk. Contractor shall develop and maintain a program to ensure that all turf is maintained free of fungus, insect infestations and/or turf diseases at all times. Damaged and/or bare spots in turf shall be immediately repaired at the time of detection. The tree guards shall be maintained in place around the trunk of each canopy tree at all times to eliminate tree damage by string trimmers, mowers, etc. Trees damaged by Contractor shall be immediately replaced at Contractor's expense. (9) CITY OF SANTA ANA Turf areas shall be dethatched once per year between September and October or as directed by the City of Santa Ana. Dethatching shall be accomplished by use of a "vertical type" dethatch machine. Contractor shall flag all irrigation sprinklers prior to commencement of work. All thatch and debris shall be immediately removed upon completion at Contractor's expense. IMMOKSITA 004:11 Mello e1 Each year, all turf areas shall be overseeded with Eagle Blend or equivalent perennial rye grass at the minimum rate of seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care taken to not broadcast in non -turf area. Dethatching and/or deep scalping of the turf may be required as directed by the City of Santa Ana. Seeds shall be guaranteed free of disease, pests, or other foreign grasses or weeds. The Contractor shall apply an approved pre -emergent herbicide to all turf areas on an as needed basis for control of all types of weeds. At no time shall weeds be allowed to remain in turf areas. Contractor shall control all weeds growing in cracks, expansion joints and other hard surfaces adjacent to the landscape area by the use of chemical weed control to include long narrow median noses, cracks in sidewalks/curbs/gutters, etc. Contractor shall develop and maintain a broadleaf weed control program that will ensure that all turf is maintained in a weed -free condition at all times. Contractor shall provide litter pickup to all landscaped areas weekly. The hardscape areas adjacent to the landscape, i.e. sidewalks and concrete in the medians, shall be cleaned of leaves, paper, dirt, feces, miscellaneous abandoned items, and other debris in conjunction with litter pickup. At no time will this debris be blown into the street, storm drains, and/or onto private property. All litter shall be removed from the turf prior to each mowing. (9) CITY OF SANTA ANA The Contractor shall re -sod all turf lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. At no time shall ridges or depressions caused from contractor equipment on over watered and/or saturated ground, as determined by the City of Santa Ana, be permitted in the turf areas. This shall be deemed Contractor negligence. Contractor shall remove and replace with new turf at no additional cost to the City. 1.2. GROUND COVER CARE Ground cover beds shall be maintained within their intended bounds, edged and/or detailed every week. Maintain a 12" clearance between different plant material. Ground covers shall not be permitted to encroach into lawns, shrubs, adjacent desirable bare areas, wall fixtures, furniture, other ground cover areas, etc. All sites shall be cleaned following each edging/detailing, including streets and sidewalks (when applicable). All ground cover beds shall be fertilized using a complete or approved fertilizer (such as 16-6-8 Turf Supreme) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given to the City of Santa Ana prior to performing this task. Ground cover beds shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City of Santa Ana. Infill planting of bare groundcover areas shall be replanted when necessary or upon request with flats of the same species one time per year as part of routine maintenance at no additional cost to the City. All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. (a CITY OF SANTA ANA The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or to Contractor's faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. Contractor shall control weeds by keeping all planters, shrubs and ground cover areas free of visible weeds at all times. Where ground cover grows under pine trees, the Contractor shall use a combination of techniques (raking and blowing) to prevent the build-up of needles from forming on the ground cover. Ground cover plants shall be added, as needed, to ensure a solid mass planting in conformance with the original intent at no cost to the City. 1.3. TREE CARE The Contractor shall bring to the attention of the City of Santa Ana within twenty-four (24) hours any tree -displaying root heaving or girdling (either by roots or a foreign material, leaning, broken or hanging limbs, or any other reason posing a potential safety hazard.) Any safety hazard present now shall be reported immediately. Note: All trees up to 9 inch DBH (Diameter at Breast Height) are included in routine maintenance. An annual report shall be provided by an ISA Certified Arborist, by January 30th of each year, on the overall condition and health of all trees under the scope of this contract. Specific trees in need of additional care or removal shall be identified by species and/or address. The Contractor shall provide an annual report identifying the location, address and species of tree vacancies. All trees within the scope of work shall be maintained to keep the natural integrity and shape of the trees. This work shall be accomplished in a manner, which will ensure that each individual tree is pruned per American National Standards Institute (ANSI) standards, per ANSI A300 Part 1, 2008 pruning standard and the ASNI Z133.1 as outlined in the City of Santa Ana Tree Pruning and Stump Removal Specifications are to be followed. All work shall be of the highest quality as outlined under the City of Santa Ana Tree Pruning and Stump Removal Specifications. In addition, the Contractor shall remove or prevent encroachment where it blocks vision or is (9) CITY OF SANTA ANA considered undesirable by the City of Santa Ana. Low branches overhanging sidewalks shall be removed to a height of seven (7) feet above grade. Young trees needing pruning, training, and shaping to develop and maintain a dominant leader from which smaller primary branches arise that are radially and vertically spaced along the trunk. From time to time, the contractor may be asked to raise the canopy of the trees for security reasons and this shall be considered routine maintenance. All trees under 4" DBH requiring staking shall be securely staked at all times with approved stakes and rubber VIT ties. Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the City of Santa Ana. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. All trees shall be fertilized using a complete or approved fertilizer a minimum of one (1) time per year. All trees shall be properly irrigated to maintain a healthy condition. Trees shall not be maintained in an over watered and/or saturated condition. The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's faulty maintenance or negligence, including but not limited to girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations as determined by the City of Santa Ana. Replacement shall be made by the Contractor in the kind and size of trees determined by the City of Santa Ana. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the City of Santa Ana using the latest American Shade Tree Conference guidelines for value determination. (9) `PC �1:I MI XGY_1:14 CITY OF SANTA ANA Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacements of shrubs will be approved by City of Santa Ana. Wall vines adjacent to and coming from City landscapes are a part of the maintenance of this contract. Wall vines shall be kept trimmed approximately four (4) inches from the wall and eight (8) inches below the top of the wall. Where wall vines have been allowed to grow over the top of the wall, the Contractor shall keep wall vines trimmed down to the top of the wall. Wall vines may require trimming two or more times per month during the growing season. All shrubs growing in the work areas shall be pruned as required, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, view of signs or in any manner deemed objectionable by the City of Santa Ana. Dead or damaged limbs or branches shall be cleaned out and removed with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging may be required on some shrubs, as designated by the City of Santa Ana. Shear hedging or severe pruning of plants, unless authorized by the City of Santa Ana, shall not be permitted. Should the Contractor shear hedges or severely prune plants and disfigure or damage the plants, the contractor shall be responsible for replacing those plants with like kind and size as determined by the City of Santa Ana. The Contractor may be requested from time to time to raise the bottom or lower the tops of the shrubs for security reasons. This shall be considered routine maintenance and performed at no extra cost to the City. All shrubs shall be fertilized using a complete fertilizer (such as 16-6-8) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given the City of Santa Ana prior to performing this task. Shrubs shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City. Infill planting of bare shrub areas shall be replanted when necessary or upon request with plant material of the same species one time per year as part of routine maintenance at no additional cost to the City. (9) CITY OF SANTA ANA All shrubs shall be properly irrigated to maintain a healthy condition. Shrub areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shrub areas shall be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the shrub area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the shrub. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering. Shrub areas shall not be maintained in an over watered and/or saturated condition. Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor's expense. The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. Shrubs shall be pruned as required to ensure clear vehicular and pedestrian visibility and clearance. Remove broken or diseased branches and provide general containment and good appearance. Plant material encroaching onto or from City property shall be trimmed back to property line at City's discretion depending on circumstance, i.e. plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use, i.e. vines not growing into other plants, etc. Coordinate with City of Santa Ana. Continuously remove any spent blossoms or dead flower stocks, as required, to present a neat, clean appearance. (9) CITY OF SANTA ANA Plants growing over curbing and/or sidewalks shall be maintained even with the edge of the sidewalk or curb and be trimmed on a natural taper rather than vertical, so as not to appear to be hedged. Schedule the application of a complete fertilizer with an analysis of 15-15-15 at the rate of six (6) pounds per 1000 square feet as often as required, but no less than three times per year, to promote optimum growth and healthy appearance to all shrubs. Ailing or stunted shrubs shall be removed at time of discovery and replaced in kind within five (5) working days. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients within three (3) working days of discovery. Contractor shall replace shrub failure that is determined to be due to Contractor's neglect or improper treatment at his expense. 1.5. WEEDS, DISEASE, AND PEST CONTROL All landscape and hardscape areas within the specified scope of work (including, but not limited to, turf, shrub and ground cover, planters, tree wells, ornamental bark or rock areas, sidewalk, asphalt or concrete areas) shall be kept free of weeds and foreign grasses at all times. The complete removal of all weed growth shall be accomplished on a continuing basis. Weeds shall be controlled by hand and approved mechanical or chemical methods. The transferring of weeds or disease from one infected turf, plant or tree to another turf, plant or tree through improper or faulty maintenance shall be considered Contractor negligence, as determined by the City of Santa Ana. Such negligence includes but is not limited to, non -cleaning or non -disinfecting of tools or equipment and for not isolating the infected area. All affected turf, plant, or tree shall be replaced by Contractor at no cost to the City. Contractor shall continuously control weeds at all sites with both pre and post -emergent chemical control through mechanical methods and/or by hand. It is intended that all sites will be practically weed -free through this process. Weeds determined by the City of Santa Ana to be objectionable shall result in a penalty assessed against Contractor for each affected site. Contractor shall provide the same weed control in cracks, expansion joints and other small openings in the sidewalk/curb area. The Contractor shall regularly inspect all landscaped areas for presence of disease, insect or rodent infestation. The Contractor shall advise the City of Santa Ana within forty eight (48) hours of when disease, insect, or rodent infestation is found, and the action to be taken. Upon approval (9) CITY OF SANTA ANA of the City of Santa Ana, the Contractor shall implement approved control measures, following all Federal, State, County, and municipal laws, regulations and ordinances required for the approved work. Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the City of Santa Ana. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor. All pesticide operations, where required, shall be performed by a Qualified Applicator as certified by the State of California Department of Pesticide Regulation. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall provide complete and continuous pest control and/or eradication of all pests or diseases in accordance with the specifications contained herein. 1.6. IRRIGATION SYSTEM MAINTENANCE Irrigation shall be done by the use of automatic or mechanical sprinkler systems, where available and operable, or manually; however, failure and/or damage of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the contract work site. Newly planted trees, shrubs, ground cover, and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the City of Santa Ana. Contractor shall vacuum all irrigation cabinets and controllers, both inside and outside, and maintain in a thoroughly clean condition at all times. Where the operation of automatic irrigation controllers is required as part of this contract, the Contractor shall: Do not duplicate any coded City key furnished by the Public Works Agency for access and operation of the controller. • Surrender all keys furnished by the Public Works Agency at the end of the contract aCITY OF SANTA ANA period, or at any time deemed necessary by the City of Santa Ana. Protect the security of City property by keeping controller cabinets and building doors locked at all times • Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the City of Santa Ana. • Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. or as required. The Contractor shall turn off irrigation system during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of horticulturally acceptable maintenance practices as determined by the City of Santa Ana. When the City of Santa Ana acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. After 24 hours, the City of Santa Ana at his discretion may elect to activate the controllers with City forces. All irrigation systems shall be inspected and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve. The Contractor shall physically inspect (by manual or semi -automatically running the Controller) the operation of all systems weekly. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments are necessary, including but not limited to, adjustment of heads or inserts, or replacing of inserts, etc., to prevent excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation over spray/runoff. Controllers shall be programmed to water during nighttime hours between approximately 10:00 p.m. and 4:00 a.m. or upon request/when required. Contractor shall observe and note deficiencies occurring from the original design of facilities and review these findings with the City of Santa Ana so necessary improvements can be considered. Authorization must be obtained from the City before proceeding with work not covered under normal maintenance work and the malfunctioning sprinkler system area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the City's satisfaction. All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. (9) CITY OF SANTA ANA Contractor shall submit a quarterly (or upon request) irrigation report to the City of Santa Ana. The report shall be of the format required by the City of Santa Ana and shall include, but not be limited to, controller location, address, type of controller, number of stations, and schedule for each station, turf, ground cover or shrub irrigation, condition of site, and repairs made for each station. Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. This is to include diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backflow devices, moisture sensors, master valves, and electric pedestals. Contractor shall maintain an adequate stock of medium and high usage items for repair of all irrigation systems. Automatic controllers and/or enclosures shall be locked while unattended. Contractor shall maintain a log at each controller location. Contractor shall provide efficient use of water at all times. The controllers shall be programmed and monitored to maintain adequate moisture, optimal for growth and appearance, while eliminating excessive runoff. Adequate soil moisture shall be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices, and programming irrigation controllers accordingly. Considerations must be given to soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, runoff, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of plant and root structure. Compensation for irrigation system monitoring and inspection shall be considered included in other items of work and no additional compensation will be allowed. Once a year during the month of March, Contractor shall wipe down the equipment in the irrigation controller cabinet to remove all dust and dirt, clean all electrical connections, install bait traps for control of ants, replace batteries as required, clean and remove intruding soil in valve boxes and replace gravel, as originally specified. All hinges and locks shall be regularly oiled to ensure trouble free operation. All controller enclosures must be painted in approved colors, as needed, to prevent rusting and maintain good appearance. Sprinkler heads shall be kept clear of overgrowth that may obstruct maximum operation. Repairs made to the irrigation system must be made in accordance with the system's original design with products equal to or higher quality than currently provided. Workmanship shall be performed in accordance with industry standards. (9) CITY OF SANTA ANA All leaking or defective piping, valves, or other system components shall be repaired within twenty-four (24) hours of detection. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for greatest potential runoff, which can contribute to erosion. Contractor shall turn off controllers when adequate rainfall is anticipated. In the event of irrigation system failure, manual watering required to keep the plant material in a vigorous, healthy condition is to be provided by Contractor and the irrigation system shall be repaired immediately at no additional cost to the City. At no time shall Contractor utilize a fire hydrant for irrigation purposes. Contractor will keep system in operation by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressure. This shall be accomplished by valve throttling pressure gaging. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. The City of Santa Ana may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. All valve boxes, controllers, and backflow devices shall be kept clear of plant growth. Contractor shall be responsible for periodic inspection of surface drains located within the landscaped areas. These drains shall be checked to assure proper functioning. Remove any debris or vegetation that might accumulate at the inlet and prevent proper flow of water. Any erosion damage because of Contractor's failure to keep the surface drains clear shall be repaired at Contractor's expense. Irrigation and drainage system repairs shall be compensated on a time and materials basis as agreed to by the Contractor and the City. 1.7. GENERAL MAINTENANCE AND CLEAN-UP The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris, and posted signs at all work sites and dispose of same in a lawful manner per contract requirements at the Contractor's expense. All trash and debris shall be removed from all worksites a minimum of one (1) time per week. The Contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, or prevent plants from being smothered by seasonal leaf drop at least weekly or as directed by City of Santa Ana. (9) CITY OF SANTA ANA After heavy windstorms, the entire contract area shall be cleaned of litter, fallen branches, etc. Contractor shall respond to calls from City of Santa Ana immediately. Contractor shall patrol all areas for trees down, fallen branches, hanging branches, debris, and other potential hazards. The Contractor shall keep sidewalks and all paved areas in the medians and under overpasses swept and cleaned of any debris, weeds, dirt, or soil. Tree wells shall be maintained weed free. 1.8. OTHER REQUIREMENTS Where new construction or redevelopment may involve a significant part of a work site, the City of Santa Ana may delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor. The City of Santa Ana shall weekly and/or as needed/upon request inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor's supervisor of the duty to provide continuous inspection of the work area. Contractor shall provide a dedicated supervisor to Santa Ana for this contract. Discrepancies and deficiencies in the work shall be corrected by the Contractor immediately. The City expects a high level of service and maintenance. Additional routine maintenance may be added to this contract. Payment for add -on maintenance shall be computed based on specified rates provided by the contractor. All damage incurred by the Contractor's operations shall be repaired or replaced in kind and size at the Contractor's expense. Irrigation repairs shall be completed within twenty-four (24) hours using approved materials. (9) CITY OF SANTA ANA Non -irrigation repairs shall be completed within seven (7) working days and shall be repaired using only pre -approved materials. Contractor shall be responsible for repair -related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the City of Santa Ana. Contractor shall immediately report damaged landscaping caused by vandalism or vehicle accidents to the City of Santa Ana. Areas designated for annuals planting shall be rotated on a triannual (three times a year) basis. Appearance of designated areas shall be kept fresh and vigorous at all times. PART II: SCHEDULING OF WORK The Contractor shall accomplish all routine landscape maintenance required under this contract between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday. The City of Santa Ana may grant, on an individual basis, permission to perform maintenance at other hours. No maintenance functions that generate excess noise, which would cause annoyance to residents of any area, shall be commenced before 7:00 a.m. No Saturday or Sunday work is to be scheduled without permission from the City of Santa Ana, unless it is an emergency situation. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the City of Santa Ana prior to the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing to the City of Santa Ana immediately. Routine maintenance Locations shall not be interrupted/not completed as schedule without prior approval of the City of Santa Ana. The Contractor shall conduct the work at all times in a manner which will not interfere with pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public, to the Contractor, and where applicable, comply with all safety standards required by CAL -OSHA. In addition, a special notification listing exact starting date for renovation, pruning and other infrequent operations, shall be furnished to the City of Santa Ana at least five (5) working days in advance of performing these operations. 1. LEVEL OF MAINTENANCE All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and (9) CITY OF SANTA ANA frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the contractor and the City. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week or month. Payment will be retained for work not performed until such time as the work is performed to City standards. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. 2. QUALITY OF WORK AND MATERIAL All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to the approval of the City of Santa Ana. All materials used shall be approved in advance by the City of Santa Ana. The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply: • Contractor shall conform to all City practices and procedures. • Contractor shall comply to all safety regulations by City and CAL OSHA. • All City purchases will be for the sole expressed use of and for the City. • The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request. 3. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Santa Ana. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications. (9) CITY OF SANTA ANA 4. WORKMANSHIP AND SUPERVISION Work shall be performed by competent and experienced workers. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. All personnel shall be neat in appearance and in uniforms. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests and follow all necessary safety procedures at the facilities. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days' notice from the City. 5. SAFETY REQUIREMENT The contractor shall provide a safety data sheet (SDS) for all chemicals including but not limited to pesticides, herbicides, etc. to the City of Santa Ana prior to utilization. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The City of Santa Ana reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a "W.A.T.C.H." work area traffic control manual at all times. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City of Santa Ana. The City can cancel or stop work at any time when the safety of the Contractor, the public, etc. is compromised. The contractor shall assure that each employee or subcontractor under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. The contractor will assure that each employee or subcontractor under the contractor's supervision is instructed in the known potential hazards related to his or her job. The contractor shall assure that each employee or subcontractor under the contractor's supervision follows safety rules and safe work practices. 6. SCHEDULES • The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. • The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. (a CITY OF SANTA ANA ■ Changes to the schedule shall be received by the City of Santa Ana at least twenty- four (24) hours prior to the scheduled time for the work. ■ Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week, or month. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. 6.3. DAILY SCHFDL I F o Changes to daily schedule can be made verbally or by email to the City of Santa Ana. 7. PERFORMANCE DURING INCLEMENT WEATHER During periods of storms, Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. Contractor shall submit a report identifying any storm damage to the City of Santa Ana attached to a site map identifying location of damage and cost estimate to repair/replace. If remedial work is required beyond the scope of this contract, it shall be considered as extraordinary work. During periods of inclement weather, i.e. rain/wind; Contractor's workforce shall accomplish work not affected by such weather, i.e. litter pick up/spent blossom removal, preventative maintenance, etc. Contractor shall stake and re -tie trees as required. Drains shall be checked and cleaned as necessary. Contractor shall remove all branches and debris resulting from inclement weather. Contractor may be required to perform additional clean-up tasks due to inclement weather. 8. MATERIAL The Contractor shall submit a list to the City of Santa Ana of all materials that the Contractor proposes to use in the execution of this work. The list shall include the chemical analysis, recommended usage and any other pertinent data by the manufacturer of material. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements. (9) CITY OF SANTA ANA The following shall apply to the material indicated: • Fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potassium to keep lawns, trees, shrubs, and other plants in a healthy and vigorous growing condition. • Insecticides, fungicides, herbicides, and rodenticides shall be of the best quality obtainable, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. • Tree stakes, tree ties and guy wires shall be of materials matching those existing in the work site nr as specified by the City of Santa Ana. • Replacement trees, shrubs, ground cover, and other plants shall be of a size, condition and variety specified by the City of Santa Ana. • Replacement plant materials may be inspected by the City of Santa Ana prior to planting. • The City of Santa Ana shall determine replacement lawn sod. 9. RECYCLING/DISPOSAL All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be taken to the landfill. The names and addresses of the licensed green -waste composting or processing companies, and haulers, along with the tonnages used and receipts, shall be provided to the City of Santa Ana in a monthly written report and an annual written report. A hundred percent (100%) of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. to the City. At no time is the Contractor permitted to use City dumpsters. 10.RECORDS The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the City of Santa Ana. This maintenance calendar shall clearly indicate all of the landscape maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the City of Santa Ana for approval prior to the date the changes are to take effect. (9) CITY OF SANTA ANA 11.EMERGENCY SERVICES The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within twenty four (24) hours from receiving notification. 12.UNDERGROUND EXCAVATIONS Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the City of Santa Ana and Underground Service Alert (811) 48 hours before commencing any excavation, to locate underground service lines. 13. AS NEEDED LANDSCAPE PLANNING AND BEAUTIFICATION PROJECTS The contractor shall provide estimates, at the City's request for as -needed landscape planning and/or beautification requests. Work under this category shall be based upon a time and material basis using the company hourly rates. Requests for service shall be responded to within 24 hours. No work shall begin unless authorized by the City. (9) CITY OF SANTA ANA Maintenance Frequency Schedule FUNCTION FREQUENCY Turf Maintenance Mowing Once/Week Edging Once/Week Clipping Removal Once/Week String Trimming Once/Week Fertilize Four 4 times a year Pest and Weed Control Continuous/As needed Visual Inspection Weekly Chemical Weed Control Continuous/As needed Ground Cover Maintenance Trim Monthly Fertilize Four 4 times a year Pest and Weed Control Continuous/As needed Visual Inspection WeeklX Minimum once a year or as needed Pre -emergent herbicide Shrub, Vine and Tree Maintenance Trim Shrubs Monthly or sooner if needed Vines Six 6 times a year Trees Continuous/As needed Fertilize Four 4 times a year Visual Inspection Weekly Pre -emergent herbicide Continuous/as needed Hardsca a Maintenance Weekly Grounds Policing/Litter Removal All Areas Weekly (a CITY OF SANTA ANA EXHIBIT II: SITE LOCATIONS & MAPS Square Turf Ground Shrub, Tree, Hardscape Site Site Name Address Feet Maintenance Cover Vine, Maintenance # (approx) (Grass) Maintenance Maintenance Elevated 14th/Poinsetta, 1 Tank Santa Ana, CA 6,000 X X 92701 2736 N 2 Cambridge Cambridge St. 31,300 X X X Station Santa Ana, CA 90701 Cambridge 2733 Concord St. 3 Lot Santa Ana, CA 31,695 X X X 92705 1730 S. Santa 4 East Station Fe, Santa Ana, 56,300 X X X CA 92705 J. Garthe 2401 N Bristol St, 5 Station Santa Ana, CA 100,800 X X X X 92706 South 1727 W Alton 6 Station Ave, Santa Ana, 79,800 X X X CA 92705 West 201 S Mountain 7 Station View, Santa Ana, 36,100 X X CA 92703 West 4404 W 1 st St. 8 Station Lot Santa Ana, CA 4,150 X X 92703 723 W Walnut St, 9 Walnut Santa Ana, CA 6,600 X X X 92701 1011 W 6th St, 10 Well 16 Santa Ana CA 490 X 92703 4426 W 1 st St, 11 Well 21 Santa Ana, CA 2,900 X 92703 1800 W 22nd St, 12 Well 24 Santa Ana CA 1,270 X X X 92706 101 S Flower St, 13 Well 29 Santa Ana CA 1,900 X 92701 (a CITY OF SANTA ANA Square Turf Ground Shrub, Tree, Hardscape Site Site Name Address Feet Maintenance Cover Vine, # (approx) (Grass) Maintenance Maintenance Maintenance Flower 202 S Flower 14 South Ave, Santa Ana 8,450 X X CA 92703 Flower 120 S. Flower St. 15 North Santa Ana, CA 3,000 X X 92703 4426 W 1 st St, 16 Well 30 Santa Ana, CA 3,900 X X 92703 1815 E Chestnut 17 Well 31 St. Santa Ana, 380 X X X CA 92701 917 W Walnut St, 18 Well 33 Santa Ana CA 5,200 X X X X 92703 1718 N Sydney 19 Well 35 PI, Santa Ana CA 7,150 X X X 92706 501 3/4 W Memory 20 PRV-1 Lane, Santa Ana 3,100 X X X CA 92706 627 E 21 Washington Washington Ave, 31,000 X X Santa Ana CA 92701 City of 215 S. Center St, 22 Santa Ana Santa Ana, CA 512,701 X X X X Corporate 92703 Yard 2007 W 23 Well 37 McFadden Ave, 2,500 X X Santa Ana, CA 92704 17t" Street 315 E 17t" St, 24 Lot Santa Ana, CA 7,200 X X 92706 Figueroa 612 N Figueroa 25 Lot St, Santa Ana, 7,875 X X X CA 92703 2215 S. Ritchey 26 SA 7 St, Santa Ana, 2,442 X X X CA 92705 San 2909 S. Bristol St, 27 Lorenzo Lift Santa Ana, CA 4,150 X X X Station 92704 CITY OF SANTA ANA Square Turf Ground Shrub, Tree, Hardscape Site Site Name Address Feet Maintenance Cover Vine, # (approx) (Grass) Maintenance Maintenance Maintenance Crooke Santiago Park, 28 Reservoir Santa Ana, 92706 13,750 X X X Lot POP -- -doe at.., ' e -74 Ca I rWer� IF� 8 r 1•Cambridge• �oVcFWi Gaiae eFwy � •,�1, .� Sa a a; i Works Agency, lti• r #►� • G r. EasS eseol r i 3 w7 � z �a S Garthe Station I 4. _&roe" ' I _� � • � * , � , .. ew it 1 7 . Z:.4 mil : ■ ................. ti _ r — ........................ ■ . .................... r • .. r rt ' I■ i S .r r.r r. r.r f !! • .......... �c ■■■■rrr■■r■rrr■r.wr two • rrrrrr -� . .. � r ell ;iJ \ ra 2 P rj'iii" ; ■■■■rrr■■■■■■•■■■■■■■■■■■■ 1 r■ t ra cn�u . - � �.. s yam; -�p • .ram -- I C West Station.. IT do 'v r � .4M AY aw + �1 s West Station Lot i ana Public agent L tiY • IEW, n t Station ' 1 f t AO' e� We'i -24 1c. �� 'JIM "41A r d. I I L-- X • Flower North Ar r 0 �i �0 _ N C Walnut, Flower South s� r MW • ,�1 l V,*Rl "74 r r, i is r 0 r A li X - 7 r, 4 ' Well 35 I r _ • w ti K • ` � .r ' Y I fill N' • / - — -� i F ` � Vat is ��i i �` •� i* — � lopAli r +I 1 w mot• ' . i I I j f Akm If .. ....,V: �. •''s� �.f J'�, , ? / 'mow► Washington Slte IWO -Elf "y7a shington S te' O r .� City of Santa Ana a - to - _ Corporate Yard % a t c , . 7 r .14 Al Well 37 47 } '" -- 1 1 A T „w" r _ _ rl, o A. r' CL Cantamar Pr `n M a n a g-Frnen z I 4 — . 0 C Tours •o d. z .. �{ r Bail Hotline Bail «rt 4 . i --- 17-th St — — 1-7th St. -- — 1 7th St - 1 7th St. 17th th St_ 17th St _ 17th St_ L A40c 171Street Lot _ 1 j t Ow Figueroa L r 52 b30 os La.l_specia • , ,o o ' 1 • • 4 LL Z OF L Income Tax A t Best Inn 5 'ti 12 ,1 b2 621 • ► 52 star h U) j + ,irr `44: I Figueroa.Lot d. 'v� w - � �► t ' z li . ♦.w r ?:. DC6 � � i•6 .ram � '` r �6C5 _ r G i er nd �o d Body Art + .. 4 Alti CD Torn o �Ai�f'o lu ti i _s .t ilop , or i a t► � � y � � r � r v � A j -r. Crooke Reservoir Lot o ll) w / dr it t 4 1 r i 1 IF I .ao °. k (9) CITY OF SANTA ANA ATTACHMENT A: PROPOSER'S FEE SCHEDULE Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Specify costs for the proposed landscaping work at the various systems detailed in Exhibit 11. Indicate a monthly and annual price for each bid item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Item # Bid Item (by Sitel Monthly Fee Annual Fee 1 Elevated Tank $ $ 2 Cambridge Station $ $ 3 Cambridge Lot $ $ 4 East Station $ $ 5 J. Garthe Station $ $ 6 South Station $ $ 7 West Station $ $ 8 West Station Lot $ $ 9 Walnut $ $ 10 Well 16 $ $ 11 Well 21 $ $ 12 Well24 $ $ 13 Well29 $ $ 14 Flower South $ $ 15 Flower North $ $ 16 Well30 $ $ 17 Well 31 $ $ 18 Well33 $ $ 19 Well35 $ $ 20 PRV-1 $ $ 21 Washington $ $ (9) CITY OF SANTA ANA 22 SA Corp Yard $ $ 23 Well37 $ $ 24 1711 St. Lot $ $ 25 Figueroa Lot $ $ 26 SA 7 $ $ 27 San Lorenzo $ $ 28 Crooke Reservoir $ $ Grand Total $ Contractor shall submit additional labor, material and equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. * Quantities listed are for bid comparison only and are subject to change. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA EXHIBIT II SAMPLE AGREEMENT CONSULTANT -AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 20_ by and between , ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#)(#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social (9) CITY OF SANTA ANA security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE (Subject to revision per RMD requirements) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. If Vendor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1.City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Vendor's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2.Vendor's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Vendor under this Agreement. 3.For any claims related to this contract, Vendor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. (9) CITY OF SANTA ANA 4.A severability of interest provision must apply for all the additional insureds, ensuring that Vendor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5.Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6.Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Vendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Vendor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Vendor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. (a CITY OF SANTA ANA INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. (9) CITY OF SANTA ANA Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 44- ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council (a CITY OF SANTA ANA City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, ------- Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk CITY OF SANTA ANA Kristine Ridge City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Assistant City Attorney RECOMMENDED FOR APPROVAL: Executive Director [INSERT] Agency CITY OF SANTA ANA CONSULTANT: (name) (title) SAMPLE ONLY (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional paaesT if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Contact Individual: Address: Phone Number: Contract Amount: EMAIL: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Address: Contract Amount: Contact Individual: Phone Number: . EMAIL: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Address: Contract Amount: Contact Individual: Phone Number: . EMAIL: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract (a CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. EXHIBIT 2 CONTRACTOR AGREEMENT BETWEEN MARIPOSA LANDSCAPES, INC. AND THE CITY OF SANTA ANA FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 20th day of August, 2024 by and between Mariposa Landscapes, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 11, 2024 the City issued Request for Proposal ("RFP") No. 24-018, by which it sought a contractor to provide landscape maintenance services for City's Public Works Agency (PWA) water facilities and City's Corporate Yard. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP. No. 24-018 and addendum thereto. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform all services described in the Scope of Work included within RFP No. 24-018 which is attached hereto and incorporated herein as "Exhibit A," and shall perform those services further described in Contractor's Proposal which is attached hereto and incorporated herein as "Exhibit B." 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement, including all extension periods, shall not exceed the sum of $695,760.00, which is comprised of a base amount of $535,200.00, and a contingency amount of $160,560.00, to be exercised at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the Page 1 of 9 City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 20, 2024 for a three (3) year term ending August 19, 2027, with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and Page 2 of 9 perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. Minimum Scope and Limit of Insurance: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. • If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Contractor's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for Page 3 of 9 losses paid under the terms of any policy which arise from work performed by Contractor under this Agreement. • For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons Page 4 of 9 acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered Page 5 of 9 by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. Page 6 of 9 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 7 of 9 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Mariposa Landscapes, Inc. 6232 Santos Diaz St. Irwindale, CA 91702 Fax: (626) 960-8477 Attn: Terri Noriega, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] Page 8 of 9 SIGNATURE PAGE TO CONTRACTOR AGREEMENT BETWEEN MARIPOSA LANDSCAPES, INC. AND THE CITY OF SANTA ANA FOR LANDSCAPE MAINTENANCE SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 1i3onathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL Digitally signed by N a b i l Saba el 2 24.08.05 15:09:29-07'00' Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager MARIPOSA LANDSCAPE, INC. Terry Norieg President Patae 9 of 9 EXHIBIT A SCOPE OF SERVICES (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES INTRODUCTION AND BACKGROUND The City of Santa Ana, Water Resources Division issues this bid document to procure full and complete contract landscape maintenance at designated sites, herein described, and that such sites be kept in a healthy, weed -free, vigorous, and well -kept state at all times. The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, fertilizers, insecticides, rodenticides, chemicals and other items needed to perform landscape maintenance work as directed herein. The Contractor shall provide complete landscape maintenance at all work sites, including, but not limited to pruning, structural shaping of young trees, shrubs, and ground cover plants; trimming overgrowth of all foliage and preventing growth on top of city equipment; removing and controlling weeds; controlling plant diseases and pests; mowing turf; edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; and other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in good condition with accepted standards for growth, color, and appearance. Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but no limited to, the following: • Hnrdscape cleaning • Weeding, cultivating and brush control both mechanically and with chemicals • Fertilizing • Shrub and groundcover trimming, pruning, training • Mowing and verticutting • General rodent, pest and disease control on landscape planting and turf • General drainage structure and system maintenance • Reporting for vandalism, graffiti, or any safety concerns • General litter control, refuse removal, and grounds policing • Plant replacement • Access roadway clearance and visibility maintenance • Minor tree pruning and staking of trees under 12 feet in height • Irrigation programming, monitoring, maintenance, and repair • Emergency maintenance/service (9) 1. ROUTINE MAINTENANCE CITY OF SANTA ANA Routine maintenance shall include but not be limited to the following services performed on all work sites listed in Exhibit II. 1.1. TURF CARE All turf shall be mowed weekly with mulching mowers. Subject to the approval of the City of Santa Ana, the contractor may reduce the mowing frequency to biweekly during periods of rain or prolonged cold. All grass clippings shall be left in place with the exception of large accumulations, which shall be collected and removed after each mowing. All roadways adjacent to work areas shall be kept clean at all times. All turf shall be cut to a height appropriate for the type of grass being mowed. Mowers shall be maintained in optimum condition with sharp blades to provide a smooth, even cut without tearing of the leaf blades. Turf shall only be mowed after two (2) consecutive non -watering days and/or as directed by the City of Santa Ana. Any and all signs found onsite or on trees shall be removed, including but not limited to political, garage sale, lost and found, etc. All litter/debris shall be picked up prior to mowing. All turf and hardscape areas including but not limited to the outside and inside perimeter of the City property including sidewalks and streets shall be free of turf clippings, plant debris and trash at the end of the scheduled mow day. All turf shall be edged with blade trimmer adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained as if the turf area abuts a shrub bed or property line. Edging and detailing shall be performed weekly. Following each edging, all edging debris shall be removed. Turf shall be mechanically edged during the mowing of each week. The edging along sidewalks, curbing and other concrete shall be performed with a blade type edger. Sidewalks and other hard surfaces shall be properly cleaned after each edging including grass stains or marks made as a result of the mowing process. Contractor shall flag all irrigation sprinklers prior to commencement of work. All turf growing adjacent to irrigation hardware, tree trunks, or any other landscape amenity shall be neatly detailed by string trimmer and/or chemicals to twelve (12) inches in all directions of said objects. Blade trimmers are prohibited from usage twelve (12) inches around any tree, shrub, or establish plant base. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phototoxicity become recognizable. (9) CITY OF SANTA ANA Any damage, as determined by the City of Santa Ana, caused to irrigation components, sprinklers, valves, etc., or plant material by edging equipment and/or mowers shall be replaced by the Contractor at Contractor's expense. •\ Lawns shall be fertilized four (4) times annually with a "complete fertilizer". Fertilize two (2) times per year during the months of December and February using 22-3-9 at the rate of five pounds (5 lbs.) per 1000 square feet or approved equivalent program. During the months of June and October fertilize with 16-6-8 at the rate of six pounds (6 lbs.) per 1000 square feet two (2) times per year, or approved equivalent program. Due to the broad geographical area of the contract, the City may from time to time adjust or change the fertilization specifications contained herein as a result of consultation with Contractor. All fertilization shall be included with the landscape maintenance of each contract area. Contractor shall supply and transport all required fertilizers and include costs in the bid to the City. Turf areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the turf area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the turf area. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering. Turf areas shall not be maintained in an over watered and/or saturated condition. Contractor shall respond immediately to signs of turf stress. Turf lost due to stress shall be deemed contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor's expense. Trimming of grass around the trees in the turf area shall be performed during the mowing of each week in such a manner as to avoid damage to the tree trunk. Contractor shall develop and maintain a program to ensure that all turf is maintained free of fungus, insect infestations and/or turf diseases at all times. Damaged and/or bare spots in turf shall be immediately repaired at the time of detection. The tree guards shall be maintained in place around the trunk of each canopy tree at all times to eliminate tree damage by string trimmers, mowers, etc. Trees damaged by Contractor shall be immediately replaced at Contractor's expense. (9) CITY OF SANTA ANA Turf areas shall be dethatched once per year between September and October or as directed by the City of Santa Ana. Dethatching shall be accomplished by use of a "vertical type" dethatch machine. Contractor shall flag all irrigation sprinklers prior to commencement of work. All thatch and debris shall be immediately removed upon completion at Contractor's expense. IMMOKSITA 004:11 Mello e1 Each year, all turf areas shall be overseeded with Eagle Blend or equivalent perennial rye grass at the minimum rate of seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care taken to not broadcast in non -turf area. Dethatching and/or deep scalping of the turf may be required as directed by the City of Santa Ana. Seeds shall be guaranteed free of disease, pests, or other foreign grasses or weeds. The Contractor shall apply an approved pre -emergent herbicide to all turf areas on an as needed basis for control of all types of weeds. At no time shall weeds be allowed to remain in turf areas. Contractor shall control all weeds growing in cracks, expansion joints and other hard surfaces adjacent to the landscape area by the use of chemical weed control to include long narrow median noses, cracks in sidewalks/curbs/gutters, etc. Contractor shall develop and maintain a broadleaf weed control program that will ensure that all turf is maintained in a weed -free condition at all times. Contractor shall provide litter pickup to all landscaped areas weekly. The hardscape areas adjacent to the landscape, i.e. sidewalks and concrete in the medians, shall be cleaned of leaves, paper, dirt, feces, miscellaneous abandoned items, and other debris in conjunction with litter pickup. At no time will this debris be blown into the street, storm drains, and/or onto private property. All litter shall be removed from the turf prior to each mowing. (9) CITY OF SANTA ANA The Contractor shall re -sod all turf lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. At no time shall ridges or depressions caused from contractor equipment on over watered and/or saturated ground, as determined by the City of Santa Ana, be permitted in the turf areas. This shall be deemed Contractor negligence. Contractor shall remove and replace with new turf at no additional cost to the City. 1.2. GROUND COVER CARE Ground cover beds shall be maintained within their intended bounds, edged and/or detailed every week. Maintain a 12" clearance between different plant material. Ground covers shall not be permitted to encroach into lawns, shrubs, adjacent desirable bare areas, wall fixtures, furniture, other ground cover areas, etc. All sites shall be cleaned following each edging/detailing, including streets and sidewalks (when applicable). All ground cover beds shall be fertilized using a complete or approved fertilizer (such as 16-6-8 Turf Supreme) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given to the City of Santa Ana prior to performing this task. Ground cover beds shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City of Santa Ana. Infill planting of bare groundcover areas shall be replanted when necessary or upon request with flats of the same species one time per year as part of routine maintenance at no additional cost to the City. All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. (a CITY OF SANTA ANA The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or to Contractor's faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. Contractor shall control weeds by keeping all planters, shrubs and ground cover areas free of visible weeds at all times. Where ground cover grows under pine trees, the Contractor shall use a combination of techniques (raking and blowing) to prevent the build-up of needles from forming on the ground cover. Ground cover plants shall be added, as needed, to ensure a solid mass planting in conformance with the original intent at no cost to the City. 1.3. TREE CARE The Contractor shall bring to the attention of the City of Santa Ana within twenty-four (24) hours any tree -displaying root heaving or girdling (either by roots or a foreign material, leaning, broken or hanging limbs, or any other reason posing a potential safety hazard.) Any safety hazard present now shall be reported immediately. Note: All trees up to 9 inch DBH (Diameter at Breast Height) are included in routine maintenance. An annual report shall be provided by an ISA Certified Arborist, by January 30th of each year, on the overall condition and health of all trees under the scope of this contract. Specific trees in need of additional care or removal shall be identified by species and/or address. The Contractor shall provide an annual report identifying the location, address and species of tree vacancies. All trees within the scope of work shall be maintained to keep the natural integrity and shape of the trees. This work shall be accomplished in a manner, which will ensure that each individual tree is pruned per American National Standards Institute (ANSI) standards, per ANSI A300 Part 1, 2008 pruning standard and the ASNI Z133.1 as outlined in the City of Santa Ana Tree Pruning and Stump Removal Specifications are to be followed. All work shall be of the highest quality as outlined under the City of Santa Ana Tree Pruning and Stump Removal Specifications. In addition, the Contractor shall remove or prevent encroachment where it blocks vision or is (9) CITY OF SANTA ANA considered undesirable by the City of Santa Ana. Low branches overhanging sidewalks shall be removed to a height of seven (7) feet above grade. Young trees needing pruning, training, and shaping to develop and maintain a dominant leader from which smaller primary branches arise that are radially and vertically spaced along the trunk. From time to time, the contractor may be asked to raise the canopy of the trees for security reasons and this shall be considered routine maintenance. All trees under 4" DBH requiring staking shall be securely staked at all times with approved stakes and rubber VIT ties. Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the City of Santa Ana. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. All trees shall be fertilized using a complete or approved fertilizer a minimum of one (1) time per year. All trees shall be properly irrigated to maintain a healthy condition. Trees shall not be maintained in an over watered and/or saturated condition. The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's faulty maintenance or negligence, including but not limited to girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations as determined by the City of Santa Ana. Replacement shall be made by the Contractor in the kind and size of trees determined by the City of Santa Ana. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the City of Santa Ana using the latest American Shade Tree Conference guidelines for value determination. (9) `PC �1:I MI XGY_1:14 CITY OF SANTA ANA Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacements of shrubs will be approved by City of Santa Ana. Wall vines adjacent to and coming from City landscapes are a part of the maintenance of this contract. Wall vines shall be kept trimmed approximately four (4) inches from the wall and eight (8) inches below the top of the wall. Where wall vines have been allowed to grow over the top of the wall, the Contractor shall keep wall vines trimmed down to the top of the wall. Wall vines may require trimming two or more times per month during the growing season. All shrubs growing in the work areas shall be pruned as required, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, view of signs or in any manner deemed objectionable by the City of Santa Ana. Dead or damaged limbs or branches shall be cleaned out and removed with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging may be required on some shrubs, as designated by the City of Santa Ana. Shear hedging or severe pruning of plants, unless authorized by the City of Santa Ana, shall not be permitted. Should the Contractor shear hedges or severely prune plants and disfigure or damage the plants, the contractor shall be responsible for replacing those plants with like kind and size as determined by the City of Santa Ana. The Contractor may be requested from time to time to raise the bottom or lower the tops of the shrubs for security reasons. This shall be considered routine maintenance and performed at no extra cost to the City. All shrubs shall be fertilized using a complete fertilizer (such as 16-6-8) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given the City of Santa Ana prior to performing this task. Shrubs shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City. Infill planting of bare shrub areas shall be replanted when necessary or upon request with plant material of the same species one time per year as part of routine maintenance at no additional cost to the City. (9) CITY OF SANTA ANA All shrubs shall be properly irrigated to maintain a healthy condition. Shrub areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shrub areas shall be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the shrub area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the shrub. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering. Shrub areas shall not be maintained in an over watered and/or saturated condition. Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor's expense. The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. Shrubs shall be pruned as required to ensure clear vehicular and pedestrian visibility and clearance. Remove broken or diseased branches and provide general containment and good appearance. Plant material encroaching onto or from City property shall be trimmed back to property line at City's discretion depending on circumstance, i.e. plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use, i.e. vines not growing into other plants, etc. Coordinate with City of Santa Ana. Continuously remove any spent blossoms or dead flower stocks, as required, to present a neat, clean appearance. (9) CITY OF SANTA ANA Plants growing over curbing and/or sidewalks shall be maintained even with the edge of the sidewalk or curb and be trimmed on a natural taper rather than vertical, so as not to appear to be hedged. Schedule the application of a complete fertilizer with an analysis of 15-15-15 at the rate of six (6) pounds per 1000 square feet as often as required, but no less than three times per year, to promote optimum growth and healthy appearance to all shrubs. Ailing or stunted shrubs shall be removed at time of discovery and replaced in kind within five (5) working days. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients within three (3) working days of discovery. Contractor shall replace shrub failure that is determined to be due to Contractor's neglect or improper treatment at his expense. 1.5. WEEDS, DISEASE, AND PEST CONTROL All landscape and hardscape areas within the specified scope of work (including, but not limited to, turf, shrub and ground cover, planters, tree wells, ornamental bark or rock areas, sidewalk, asphalt or concrete areas) shall be kept free of weeds and foreign grasses at all times. The complete removal of all weed growth shall be accomplished on a continuing basis. Weeds shall be controlled by hand and approved mechanical or chemical methods. The transferring of weeds or disease from one infected turf, plant or tree to another turf, plant or tree through improper or faulty maintenance shall be considered Contractor negligence, as determined by the City of Santa Ana. Such negligence includes but is not limited to, non -cleaning or non -disinfecting of tools or equipment and for not isolating the infected area. All affected turf, plant, or tree shall be replaced by Contractor at no cost to the City. Contractor shall continuously control weeds at all sites with both pre and post -emergent chemical control through mechanical methods and/or by hand. It is intended that all sites will be practically weed -free through this process. Weeds determined by the City of Santa Ana to be objectionable shall result in a penalty assessed against Contractor for each affected site. Contractor shall provide the same weed control in cracks, expansion joints and other small openings in the sidewalk/curb area. The Contractor shall regularly inspect all landscaped areas for presence of disease, insect or rodent infestation. The Contractor shall advise the City of Santa Ana within forty eight (48) hours of when disease, insect, or rodent infestation is found, and the action to be taken. Upon approval (9) CITY OF SANTA ANA of the City of Santa Ana, the Contractor shall implement approved control measures, following all Federal, State, County, and municipal laws, regulations and ordinances required for the approved work. Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the City of Santa Ana. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor. All pesticide operations, where required, shall be performed by a Qualified Applicator as certified by the State of California Department of Pesticide Regulation. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall provide complete and continuous pest control and/or eradication of all pests or diseases in accordance with the specifications contained herein. 1.6. IRRIGATION SYSTEM MAINTENANCE Irrigation shall be done by the use of automatic or mechanical sprinkler systems, where available and operable, or manually; however, failure and/or damage of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the contract work site. Newly planted trees, shrubs, ground cover, and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the City of Santa Ana. Contractor shall vacuum all irrigation cabinets and controllers, both inside and outside, and maintain in a thoroughly clean condition at all times. Where the operation of automatic irrigation controllers is required as part of this contract, the Contractor shall: Do not duplicate any coded City key furnished by the Public Works Agency for access and operation of the controller. • Surrender all keys furnished by the Public Works Agency at the end of the contract aCITY OF SANTA ANA period, or at any time deemed necessary by the City of Santa Ana. Protect the security of City property by keeping controller cabinets and building doors locked at all times • Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the City of Santa Ana. • Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. or as required. The Contractor shall turn off irrigation system during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of horticulturally acceptable maintenance practices as determined by the City of Santa Ana. When the City of Santa Ana acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. After 24 hours, the City of Santa Ana at his discretion may elect to activate the controllers with City forces. All irrigation systems shall be inspected and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve. The Contractor shall physically inspect (by manual or semi -automatically running the Controller) the operation of all systems weekly. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments are necessary, including but not limited to, adjustment of heads or inserts, or replacing of inserts, etc., to prevent excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation over spray/runoff. Controllers shall be programmed to water during nighttime hours between approximately 10:00 p.m. and 4:00 a.m. or upon request/when required. Contractor shall observe and note deficiencies occurring from the original design of facilities and review these findings with the City of Santa Ana so necessary improvements can be considered. Authorization must be obtained from the City before proceeding with work not covered under normal maintenance work and the malfunctioning sprinkler system area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the City's satisfaction. All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. (9) CITY OF SANTA ANA Contractor shall submit a quarterly (or upon request) irrigation report to the City of Santa Ana. The report shall be of the format required by the City of Santa Ana and shall include, but not be limited to, controller location, address, type of controller, number of stations, and schedule for each station, turf, ground cover or shrub irrigation, condition of site, and repairs made for each station. Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. This is to include diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backflow devices, moisture sensors, master valves, and electric pedestals. Contractor shall maintain an adequate stock of medium and high usage items for repair of all irrigation systems. Automatic controllers and/or enclosures shall be locked while unattended. Contractor shall maintain a log at each controller location. Contractor shall provide efficient use of water at all times. The controllers shall be programmed and monitored to maintain adequate moisture, optimal for growth and appearance, while eliminating excessive runoff. Adequate soil moisture shall be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices, and programming irrigation controllers accordingly. Considerations must be given to soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, runoff, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of plant and root structure. Compensation for irrigation system monitoring and inspection shall be considered included in other items of work and no additional compensation will be allowed. Once a year during the month of March, Contractor shall wipe down the equipment in the irrigation controller cabinet to remove all dust and dirt, clean all electrical connections, install bait traps for control of ants, replace batteries as required, clean and remove intruding soil in valve boxes and replace gravel, as originally specified. All hinges and locks shall be regularly oiled to ensure trouble free operation. All controller enclosures must be painted in approved colors, as needed, to prevent rusting and maintain good appearance. Sprinkler heads shall be kept clear of overgrowth that may obstruct maximum operation. Repairs made to the irrigation system must be made in accordance with the system's original design with products equal to or higher quality than currently provided. Workmanship shall be performed in accordance with industry standards. (9) CITY OF SANTA ANA All leaking or defective piping, valves, or other system components shall be repaired within twenty-four (24) hours of detection. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for greatest potential runoff, which can contribute to erosion. Contractor shall turn off controllers when adequate rainfall is anticipated. In the event of irrigation system failure, manual watering required to keep the plant material in a vigorous, healthy condition is to be provided by Contractor and the irrigation system shall be repaired immediately at no additional cost to the City. At no time shall Contractor utilize a fire hydrant for irrigation purposes. Contractor will keep system in operation by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressure. This shall be accomplished by valve throttling pressure gaging. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. The City of Santa Ana may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. All valve boxes, controllers, and backflow devices shall be kept clear of plant growth. Contractor shall be responsible for periodic inspection of surface drains located within the landscaped areas. These drains shall be checked to assure proper functioning. Remove any debris or vegetation that might accumulate at the inlet and prevent proper flow of water. Any erosion damage because of Contractor's failure to keep the surface drains clear shall be repaired at Contractor's expense. Irrigation and drainage system repairs shall be compensated on a time and materials basis as agreed to by the Contractor and the City. 1.7. GENERAL MAINTENANCE AND CLEAN-UP The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris, and posted signs at all work sites and dispose of same in a lawful manner per contract requirements at the Contractor's expense. All trash and debris shall be removed from all worksites a minimum of one (1) time per week. The Contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, or prevent plants from being smothered by seasonal leaf drop at least weekly or as directed by City of Santa Ana. (9) CITY OF SANTA ANA After heavy windstorms, the entire contract area shall be cleaned of litter, fallen branches, etc. Contractor shall respond to calls from City of Santa Ana immediately. Contractor shall patrol all areas for trees down, fallen branches, hanging branches, debris, and other potential hazards. The Contractor shall keep sidewalks and all paved areas in the medians and under overpasses swept and cleaned of any debris, weeds, dirt, or soil. Tree wells shall be maintained weed free. 1.8. OTHER REQUIREMENTS Where new construction or redevelopment may involve a significant part of a work site, the City of Santa Ana may delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor. The City of Santa Ana shall weekly and/or as needed/upon request inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor's supervisor of the duty to provide continuous inspection of the work area. Contractor shall provide a dedicated supervisor to Santa Ana for this contract. Discrepancies and deficiencies in the work shall be corrected by the Contractor immediately. The City expects a high level of service and maintenance. Additional routine maintenance may be added to this contract. Payment for add -on maintenance shall be computed based on specified rates provided by the contractor. All damage incurred by the Contractor's operations shall be repaired or replaced in kind and size at the Contractor's expense. Irrigation repairs shall be completed within twenty-four (24) hours using approved materials. (9) CITY OF SANTA ANA Non -irrigation repairs shall be completed within seven (7) working days and shall be repaired using only pre -approved materials. Contractor shall be responsible for repair -related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the City of Santa Ana. Contractor shall immediately report damaged landscaping caused by vandalism or vehicle accidents to the City of Santa Ana. Areas designated for annuals planting shall be rotated on a triannual (three times a year) basis. Appearance of designated areas shall be kept fresh and vigorous at all times. PART II: SCHEDULING OF WORK The Contractor shall accomplish all routine landscape maintenance required under this contract between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday. The City of Santa Ana may grant, on an individual basis, permission to perform maintenance at other hours. No maintenance functions that generate excess noise, which would cause annoyance to residents of any area, shall be commenced before 7:00 a.m. No Saturday or Sunday work is to be scheduled without permission from the City of Santa Ana, unless it is an emergency situation. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the City of Santa Ana prior to the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing to the City of Santa Ana immediately. Routine maintenance Locations shall not be interrupted/not completed as schedule without prior approval of the City of Santa Ana. The Contractor shall conduct the work at all times in a manner which will not interfere with pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public, to the Contractor, and where applicable, comply with all safety standards required by CAL -OSHA. In addition, a special notification listing exact starting date for renovation, pruning and other infrequent operations, shall be furnished to the City of Santa Ana at least five (5) working days in advance of performing these operations. 1. LEVEL OF MAINTENANCE All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and (9) CITY OF SANTA ANA frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the contractor and the City. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week or month. Payment will be retained for work not performed until such time as the work is performed to City standards. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. 2. QUALITY OF WORK AND MATERIAL All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to the approval of the City of Santa Ana. All materials used shall be approved in advance by the City of Santa Ana. The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply: • Contractor shall conform to all City practices and procedures. • Contractor shall comply to all safety regulations by City and CAL OSHA. • All City purchases will be for the sole expressed use of and for the City. • The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request. 3. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Santa Ana. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications. (9) CITY OF SANTA ANA 4. WORKMANSHIP AND SUPERVISION Work shall be performed by competent and experienced workers. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. All personnel shall be neat in appearance and in uniforms. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests and follow all necessary safety procedures at the facilities. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days' notice from the City. 5. SAFETY REQUIREMENT The contractor shall provide a safety data sheet (SDS) for all chemicals including but not limited to pesticides, herbicides, etc. to the City of Santa Ana prior to utilization. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The City of Santa Ana reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a "W.A.T.C.H." work area traffic control manual at all times. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City of Santa Ana. The City can cancel or stop work at any time when the safety of the Contractor, the public, etc. is compromised. The contractor shall assure that each employee or subcontractor under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. The contractor will assure that each employee or subcontractor under the contractor's supervision is instructed in the known potential hazards related to his or her job. The contractor shall assure that each employee or subcontractor under the contractor's supervision follows safety rules and safe work practices. 6. SCHEDULES • The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. • The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. (a CITY OF SANTA ANA ■ Changes to the schedule shall be received by the City of Santa Ana at least twenty- four (24) hours prior to the scheduled time for the work. ■ Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week, or month. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. 6.3. DAILY SCHFDL I F o Changes to daily schedule can be made verbally or by email to the City of Santa Ana. 7. PERFORMANCE DURING INCLEMENT WEATHER During periods of storms, Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. Contractor shall submit a report identifying any storm damage to the City of Santa Ana attached to a site map identifying location of damage and cost estimate to repair/replace. If remedial work is required beyond the scope of this contract, it shall be considered as extraordinary work. During periods of inclement weather, i.e. rain/wind; Contractor's workforce shall accomplish work not affected by such weather, i.e. litter pick up/spent blossom removal, preventative maintenance, etc. Contractor shall stake and re -tie trees as required. Drains shall be checked and cleaned as necessary. Contractor shall remove all branches and debris resulting from inclement weather. Contractor may be required to perform additional clean-up tasks due to inclement weather. 8. MATERIAL The Contractor shall submit a list to the City of Santa Ana of all materials that the Contractor proposes to use in the execution of this work. The list shall include the chemical analysis, recommended usage and any other pertinent data by the manufacturer of material. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements. (9) CITY OF SANTA ANA The following shall apply to the material indicated: • Fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potassium to keep lawns, trees, shrubs, and other plants in a healthy and vigorous growing condition. • Insecticides, fungicides, herbicides, and rodenticides shall be of the best quality obtainable, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. • Tree stakes, tree ties and guy wires shall be of materials matching those existing in the work site nr as specified by the City of Santa Ana. • Replacement trees, shrubs, ground cover, and other plants shall be of a size, condition and variety specified by the City of Santa Ana. • Replacement plant materials may be inspected by the City of Santa Ana prior to planting. • The City of Santa Ana shall determine replacement lawn sod. 9. RECYCLING/DISPOSAL All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be taken to the landfill. The names and addresses of the licensed green -waste composting or processing companies, and haulers, along with the tonnages used and receipts, shall be provided to the City of Santa Ana in a monthly written report and an annual written report. A hundred percent (100%) of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. to the City. At no time is the Contractor permitted to use City dumpsters. 10.RECORDS The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the City of Santa Ana. This maintenance calendar shall clearly indicate all of the landscape maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the City of Santa Ana for approval prior to the date the changes are to take effect. (9) CITY OF SANTA ANA 11.EMERGENCY SERVICES The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within twenty four (24) hours from receiving notification. 12.UNDERGROUND EXCAVATIONS Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the City of Santa Ana and Underground Service Alert (811) 48 hours before commencing any excavation, to locate underground service lines. 13. AS NEEDED LANDSCAPE PLANNING AND BEAUTIFICATION PROJECTS The contractor shall provide estimates, at the City's request for as -needed landscape planning and/or beautification requests. Work under this category shall be based upon a time and material basis using the company hourly rates. Requests for service shall be responded to within 24 hours. No work shall begin unless authorized by the City. (9) CITY OF SANTA ANA Maintenance Frequency Schedule FUNCTION FREQUENCY Turf Maintenance Mowing Once/Week Edging Once/Week Clipping Removal Once/Week String Trimming Once/Week Fertilize Four 4 times a year Pest and Weed Control Continuous/As needed Visual Inspection Weekly Chemical Weed Control Continuous/As needed Ground Cover Maintenance Trim Monthly Fertilize Four 4 times a year Pest and Weed Control Continuous/As needed Visual Inspection WeeklX Minimum once a year or as needed Pre -emergent herbicide Shrub, Vine and Tree Maintenance Trim Shrubs Monthly or sooner if needed Vines Six 6 times a year Trees Continuous/As needed Fertilize Four 4 times a year Visual Inspection Weekly Pre -emergent herbicide Continuous/as needed Hardsca a Maintenance Weekly Grounds Policing/Litter Removal All Areas Weekly (a CITY OF SANTA ANA EXHIBIT II: SITE LOCATIONS & MAPS Square Turf Ground Shrub, Tree, Hardscape Site Site Name Address Feet Maintenance Cover Vine, Maintenance # (approx) (Grass) Maintenance Maintenance Elevated 14th/Poinsetta, 1 Tank Santa Ana, CA 6,000 X X 92701 2736 N 2 Cambridge Cambridge St. 31,300 X X X Station Santa Ana, CA 90701 Cambridge 2733 Concord St. 3 Lot Santa Ana, CA 31,695 X X X 92705 1730 S. Santa 4 East Station Fe, Santa Ana, 56,300 X X X CA 92705 J. Garthe 2401 N Bristol St, 5 Station Santa Ana, CA 100,800 X X X X 92706 South 1727 W Alton 6 Station Ave, Santa Ana, 79,800 X X X CA 92705 West 201 S Mountain 7 Station View, Santa Ana, 36,100 X X CA 92703 West 4404 W 1 st St. 8 Station Lot Santa Ana, CA 4,150 X X 92703 723 W Walnut St, 9 Walnut Santa Ana, CA 6,600 X X X 92701 1011 W 6th St, 10 Well 16 Santa Ana CA 490 X 92703 4426 W 1 st St, 11 Well 21 Santa Ana, CA 2,900 X 92703 1800 W 22nd St, 12 Well 24 Santa Ana CA 1,270 X X X 92706 101 S Flower St, 13 Well 29 Santa Ana CA 1,900 X 92701 (a CITY OF SANTA ANA Square Turf Ground Shrub, Tree, Hardscape Site Site Name Address Feet Maintenance Cover Vine, # (approx) (Grass) Maintenance Maintenance Maintenance Flower 202 S Flower 14 South Ave, Santa Ana 8,450 X X CA 92703 Flower 120 S. Flower St. 15 North Santa Ana, CA 3,000 X X 92703 4426 W 1 st St, 16 Well 30 Santa Ana, CA 3,900 X X 92703 1815 E Chestnut 17 Well 31 St. Santa Ana, 380 X X X CA 92701 917 W Walnut St, 18 Well 33 Santa Ana CA 5,200 X X X X 92703 1718 N Sydney 19 Well 35 PI, Santa Ana CA 7,150 X X X 92706 501 3/4 W Memory 20 PRV-1 Lane, Santa Ana 3,100 X X X CA 92706 627 E 21 Washington Washington Ave, 31,000 X X Santa Ana CA 92701 City of 215 S. Center St, 22 Santa Ana Santa Ana, CA 512,701 X X X X Corporate 92703 Yard 2007 W 23 Well 37 McFadden Ave, 2,500 X X Santa Ana, CA 92704 17t" Street 315 E 17t" St, 24 Lot Santa Ana, CA 7,200 X X 92706 Figueroa 612 N Figueroa 25 Lot St, Santa Ana, 7,875 X X X CA 92703 2215 S. Ritchey 26 SA 7 St, Santa Ana, 2,442 X X X CA 92705 San 2909 S. Bristol St, 27 Lorenzo Lift Santa Ana, CA 4,150 X X X Station 92704 CITY OF SANTA ANA Square Turf Ground Shrub, Tree, Hardscape Site Site Name Address Feet Maintenance Cover Vine, # (approx) (Grass) Maintenance Maintenance Maintenance Crooke Santiago Park, 28 Reservoir Santa Ana, 92706 13,750 X X X Lot POP -- -doe at.., ' e -74 Ca I rWer� IF� 8 r 1•Cambridge• �oVcFWi Gaiae eFwy � •,�1, .� Sa a a; i Works Agency, lti• r #►� • G r. EasS eseol r i 3 w7 � z �a S Garthe Station I 4. _&roe" ' I _� � • � * , � , .. ew it 1 7 . Z:.4 mil : ■ ................. ti _ r — ........................ ■ . .................... r • .. r rt ' I■ i S .r r.r r. r.r f !! • .......... �c ■■■■rrr■■r■rrr■r.wr two • rrrrrr -� . .. � r ell ;iJ \ ra 2 P rj'iii" ; ■■■■rrr■■■■■■•■■■■■■■■■■■■ 1 r■ t ra cn�u . - � �.. s yam; -�p • .ram -- I C West Station.. IT do 'v r � .4M AY aw + �1 s West Station Lot i ana Public agent L tiY • IEW, n t Station ' 1 f t AO' e� We'i -24 1c. �� 'JIM "41A r d. I I L-- X • Flower North Ar r 0 �i �0 _ N C Walnut, Flower South s� r MW • ,�1 l V,*Rl "74 r r, i is r 0 r A li X - 7 r, 4 ' Well 35 I r _ • w ti K • ` � .r ' Y I fill N' • / - — -� i F ` � Vat is ��i i �` •� i* — � lopAli r +I 1 w mot• ' . i I I j f Akm If .. ....,V: �. •''s� �.f J'�, , ? / 'mow► Washington Slte IWO -Elf "y7a shington S te' O r .� City of Santa Ana a - to - _ Corporate Yard % a t c , . 7 r .14 Al Well 37 47 } '" -- 1 1 A T „w" r _ _ rl, o A. r' CL Cantamar Pr `n M a n a g-Frnen z I 4 — . 0 C Tours •o d. z .. �{ r Bail Hotline Bail «rt 4 . i --- 17-th St — — 1-7th St. -- — 1 7th St - 1 7th St. 17th th St_ 17th St _ 17th St_ L A40c 171Street Lot _ 1 j t Ow Figueroa L r 52 b30 os La.l_specia • , ,o o ' 1 • • 4 LL Z OF L Income Tax A t Best Inn 5 'ti 12 ,1 b2 621 • ► 52 star h U) j + ,irr `44: I Figueroa.Lot d. 'v� w - � �► t ' z li . ♦.w r ?:. DC6 � � i•6 .ram � '` r �6C5 _ r G i er nd �o d Body Art + .. 4 Alti CD Torn o �Ai�f'o lu ti i _s .t ilop , or i a t► � � y � � r � r v � A j -r. Crooke Reservoir Lot o ll) w / dr it t 4 1 r i 1 IF I .ao °. k EXHIBIT B CONTRACTOR'S PROPOSAL Landscape Maintenance Proposa * V- A SAS P o I_ I 1 1� M A R I P L A N D S C A P April 4, 2024 1. Statement of Qualifications a. Cover Letter City of Santa Ana — Public Works Agency 220 Daisy Avenue, Bldg A Santa Ana, CA 92702 Attn: Kathia Reyes, Project Manager o S A E S I N C RE: RFP No. 24-018, Landscape Maintenance Services for Water Facilities and City Corporate Yard Thank you for the opportunity to submit a proposal for the City of Santa Ana. Mariposa Landscapes, Inc. looks forward to the competitive process and hopes to be the successful bidder. Mariposa Landscapes, Inc. has continuously been in business since 1977. Growing from a single truck in Rosemead, California to a fleet of trucks and equipment with 750 employees covering all Southern California and Arizona. With over 95 awards for project excellence, we take pride in the quality of our work and thrive on keeping our company as one of the most recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive relationships with our clients. Mariposa Landscapes, Inc. offers landscape installation, landscape construction, tree trimming, arbor care, and interior landscape services. In addition to the required C-27 license, we carry A, C-61/D-49, and C-31 licenses. This diversity of capabilities and proven expertise is not found with other landscape maintenance competitors. We bring decades of knowledge and in-depth experience to every landscape entrusted to our care. Building long-lasting relationships with our clients is important to us. We understand and respect your goals and do everything in our power to assure the well-being of your properties. We value open, honest communication, ongoing staff training, and new methods and technologies that will help us do the best job possible. Our company has met every financial obligation for over 40 years and has established a corporate bonding capacity far in excess of any requirements across all business lines. Therefore, this enables us to be the most capable firm that will commit to providing the best level of service for the City of Santa Ana. We would be honored to work for you and beautify your properties to their ultimate potential. Sincerely, Terry Noriega - Pr sident <�19 TEL 800 • 794 • 9458 0 FAX 626 • 960 • 8477 www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR'S LIC N 592268 A, C-27, D-49, C-61, C-31 Our Core Values — Safety • Teamwork • Quality • Integrity Table of contents 1. Statement of Qualifications......................................................................................................2 a. Cover Letter...............................................................................................................................2 b. Services Provided......................................................................................................................4 c. Agreement Statement...............................................................................................................5 d. Firm and Team Experience........................................................................................................5 e. Proposed Work Plan................................................................................................................11 f. References...............................................................................................................................16 2. Cost Proposal..........................................................................................................................17 Extra Work Pricing Process..........................................................................................................18 VII. Certifications (Attachments).................................................................................................19 IX Minimum Scope and Limit of Insurance..................................................................................27 CompanyValues.........................................................................................................................29 e blend %azure and Craftsmanship to create ultimate outdoor settings and e.-tremely satisfied customers" <�19 Our Core Values — Safety •Teamwork • Quality • Integrity Page 3 b. Services Provided Methodology 1.1 Turf Care Frequency: weekly All turf shall be mowed with mulching mowers making sure no excessive amounts of clippings is left behind. Edging and detailing shall take place congruent with the mowing operations. Fertilization shall take place 4 times per year with 2 applications taking place with a 23-3-9 fertilizer and 2 times with a 16-6-8 fertilizer. Dethatching and overseeding shall take place 1 time per year. Weeds shall be controlled by approved herbicides. 1.2 Groundcover Care Frequency: monthly Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly and the same time as the turf operations. Herbicides shall be used as a last resort to keep areas weed free after mechanical methods fail to provide the desired results. Fertilization shall take place 4 times per year with a 16-6-8 fertilizer. 250 flats shall be taking into account for groundcover renovation. 1.3 Tree Care Frequency: continuous/as needed All trees shall be monitored for any hazard conditions and shall be reported immediately. An annual report shall be provided by an ISA Certified Arborist, by January 301" of each year to depict the overall condition and health of all trees under the scope of contract. 1.4 Shrub Care Frequency: monthly or sooner if needed All shrubs shall be pruned as required to maintain the plants in a healthy growing condition and to prevent plant growth into encroachment of passageways, walks, streets, view of signs or in any manner deemed objectionable by the City of Santa Ana. All shrubs shall be fertilized 4 times per year with a complete fertilizer such as 16-6-8. 300 CY of mulch shall be included in the proposal for mulching bare spots. 1.4 Weeds, Disease, and Pest Control Frequency: continuous/as needed All weed control shall be done by hand pruning or with an approved chemical method. No glyphosate shall be used in this contract. <�19 Our Core Values — Safety •Teamwork • Quality • Integrity Page 4 1.6 Irrigation System Maintenance Frequency: weekly All irrigation systems shall be checked weekly for physical inspection of the operations. During the checks any adjustments shall be made if needed. All irrigation personnel shall be fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. Personnel shall be able to diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backflow devices, moisture sensors, master valves, and electric pedestals. 1.7 General Maintenance and Clean -Up Frequency: weekly All areas shall be left in a clean and safe condition after maintenance operations. All trash and debris shall be removed from all worksites weekly. c. Agreement Statement Mariposa Landscapes, Inc ensures that all work shall be performed based on the contract per the City of Santa Ana's requirements as indicated in the provisions in EXHINIT III —Sample Agreement. We are confident that we will be able to improve over the current level of landscape maintenance that is being provided for the City of Santa Ana. Our proposal includes an adequate level of labor, materials and equipment to sustain a high level of landscape maintenance for water facilities and City Corporate Yard throughout the term of this contract. d. Firm and Team Experience Firm's Experience Description of Firm Mariposa is a landscape contractor working in both Southern California and Arizona. With our staff experience and dedicated professionals, we have developed a long history of excellence performing work on hundreds of landscape construction, maintenance, and tree care projects. Company History In 1977, Terry Noriega established Mariposa Landscapes, Inc in Rosemead, California, by providing landscape maintenance and installation for custom residential and small commercial clients. After 5 years, he created the Public Works Maintenance Division, in 1989 the Public Works Construction Division was added, and in 1987, a Tree Care Division was formed. Mariposa Landscapes, Inc reincorporated in 1989 as Mariposa Horticultural Enterprises, Inc. In 2009, the company changed their business name back to Mariposa Landscapes, Inc. The company currently has a workforce of over 800 employees covering Southern California and Arizona. To this day the company has been in business for over 40 years. <�Iq Our Core Values — Safety •Teamwork • Quality • Integrity Page 5 Our Services Landscape Maintenance • Private, Commercial, Public Works and Homeowner Associations • Large Scale Mowing Operations • Comprehensive Irrigation Planning & Management. • Environmentally Friendly Integrated Pest Management. • Year-round Fertilization Application. • Baseball Field Prep and Athletic Turf Maintenance. • Porter Services and Color Design. • Parking Lot Sweeping Tree Care • On -site Diagnosis and Tree Work Recommendations • Consultative Services with Certified Arborists. • Development of Long-term Tree Care Programs. • Large-scale Tree Trimming Removal. • Diagnosis/Treatment of Tree Diseases and Pest Problems. • Stump Grinding and Disposal of Trimmings. • GIS Tree mapping and asset management • Certified Workers & Comprehensive Insurance Coverage. Landscape Construction • Site Preparation, Demolition, Grading and Drainage. • Irrigation Systems Installation, Repairs & Upgrades. • Computerized Irrigation Central Control Systems. • Irrigation Pump Installation. • Native Plant Restoration and Habitat Rehabilitation. • Park construction and Athletic Field installations. • Tree, Shrub, & Ground -cover planting. Hardscape Construction • Concrete Poured -in -Place, Stamped and Seat Walls. • Flagstone, Tile, Masonry and Block Walls. • Drainage and Overhead Construction. • Water Feature Pond Installation & Repair. • Monuments and Signage. • Low Voltage Lighting Design and Installation. <�'q Our Core Values — Safety •Teamwork • Quality • Integrity Page 6 Brief Chronology: • 1977: The Company is established in Rosemead, California. • 1982: The Public Works Maintenance Division is formed. • 1984: The Public Works Construction Division is added. • 1987: The Tree Division is added. • 1991: Relocates to our current facilities in Irwindale, CA. • 1994: Expands operations by opening a branch in Fontana, CA. • 2001: Establishes an office in Glendale, Arizona. • 2003: Expands into servicing the Ventura County. • 2010: Branch office established in Orange County. • 2013: Branch Office established in Palm Springs Area. • 2023: Over 40 years in Business! Proposer Identification Legal Name: Mariposa Landscapes, Inc. Street/Mailing Address: 6232 Santos Diaz St., Irwindale, CA 91702 Telephone Number: (626) 960-0196 Fax Number: (626) 960-8477 Proposal Contact Email Address: joceylin.figueroa@mariposa-ca.com Proposal contact: Joceylin Figueroa President: Terry Noriega California Corporation: C1469653 California Employer ID: 368-4753-1 Date Incorporated: January 26t", 1981 Licenses & Certificates Contractors State License: 592268 C27, A, C61/D49, C31 Qualified Applicators License: 103864 ABCDEFH Pest Control Adviser License: 74416 ABCDEG Pest Control Business License: 30977 Irwindale Business License: 000538 Supplier Clearinghouse MBE: 94HS0050 City of Los Angeles MBE: 561730 City of Los Angeles LBE: 37858 LA County MBE: 89126 LA Co. Agricultural Pest Control 1000279 Certified Arborist: WE-1182A Minority Business Enterprise MBE Certification, File No. CCA-7150 for the City of Los Angeles, The Women and Minority Business Enterprise Clearing house has audited and verified our eligibility as a MBE pursuant to the California Public Utilities Commission General Order 156. <�'q Our Core Values — Safety •Teamwork • Quality • Integrity Page 7 Green Waste Processing Capability Mariposa Landscapes, Inc. has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites. Mariposa currently uses hybrid vehicles and electric equipment where required. Mariposa notifies all project managers of the green initiatives prior to the award of contract. Company Highlights 0 Over 45 years in business • Contractor's license in two states • Over 800 employees • Insured — $1 million workers comp, $10 million in aggregate general liability limit • $100 million in bonding capacity • Over 95 awards for project excellence Address and Headquarters Nearest Serving Office — Santa Ana Branch 1107 E. Walnut St Santa Ana, CA 92701 Phone 626 960-0196 Fax 626 960-8477 Company Headquarters - Irwindale 6232 Santos Diaz St Irwindale, CA 91702 Phone 626 960-0196 Fax 626 960-8477 <�19 Our Core Values — Safety •Teamwork • Quality • Integrity Page 8 Project Team Resumes Project Manager/Principal Agent: Michael Williams —Area Manager • Over 45 years of experience in landscape management, irrigation design and retrofit, maintenance and arbor care. • BS in Ornamental Horticulture, Cal Poly San Luis Obispo • CPR Safety Trained • Qualified Applicator License 133955 • Reclaimed water site supervisor certified Associates in Charge When Project Manager/Principal Agent is Unavailable Irving Gallegos — Account Manager • 16 years of experience in the landscape industry • AA Degree in Business Management, Saddleback College • Horticulture and Landscape Design Certificate, Saddleback College • Qualified Applicator License, Category B • California Friendly Landscape Training Program • Safe Working Zone Training • CPR Safety Trained • Forklift Operator Certification • Certified in QWEL • Certified in CLCA Water Management • Certified Recycled Water Site Supervisor Jose Sanabria —Account Manager • Over 20 years of experience in the landscape industry • Qualified Applicator License, Category B • Landscape Industry Certified Technician Additional Key Personnel Richardo Chaidez — Field Supervisor • 20 years Landscape and irrigation experience • Recycled water site supervisor • CPR and Safety Training Irrigation Specialists - TBD • Minimum 3 years of experience in the landscape industry with knowledge in landscape irrigation troubleshooting repair • CPR Safety Trained <�'q Our Core Values — Safety •Teamwork • Quality • Integrity Page 9 Spray Technician - TBD • Minimum 3 years of experience in the landscape industry with knowledge in landscape irrigation troubleshooting repair • Qualified Applicator License (QAC) • CPR Safety Trained Foreman - TBD • Minimum 3 years of experience in the landscape industry • CPR Safety Trained Laborer - TBD • Minimum 1 years of experience in the landscape industry • CPR Safety Trained Organizational Chart <�,q Our Core Values — Safety •Teamwork • Quality • Integrity Page 10 e. Proposed Work Plan Mariposa Landscape, Inc understands and agrees to follow the scope of work provided in RFP No. 24-018. There will be a sufficient number of laborers to fulfill this contract. This includes 1 supervisor/account manager, 2 foreman, 2 laborer, and 1 irrigation tech that will look over the routine maintenance such as mowing and shrub maintenance. Each branch has crews that perform extra work so that the committed amount of manpower of each site is not affected by additional requested services. Note: Named staff listed above is subject to change, however the position will be filled by the qualified trained personnel needed to fulfill the necessary Scope of Work. For the most efficient transition, Mariposa will consider hiring any qualified workers from the incumbent contractor's work force. Anticipated Approach No. of Employees .. Titles Description of Work District 1 Shrub and Ground Cover Pruning Crew The foremen will be responsible for carrying out the pruning schedule. This 1 Foreman includes all pruning of shrubs and ground cover as well as documenting and (20%) communicating work reports and hazardous conditions. The foremen will be in direct contact with the Account Manager. 1 Laborers The laborers assigned to this contract will be responsible for assisting all (20%) routine pruning tasks, including all pruning of shrubs and ground cover. Mowing Operations The foreman will be responsible for carrying out the weekly mow schedule 1 Foreman and will work with the crews every day. This includes documenting and (20%) communicating work reports and hazardous conditions. They will be in direct contact with the Account Manager. The laborers assigned to this task will be responsible for routine tasks. 1 Laborer Including operating mowers, edging, weed removal and litter control as (20%) needed. Irrigation Irrigation The irrigation technician will be responsible for all minor irrigation repairs 1 Technicians and monitoring. They will report directly to Account Manager. (5%) 4�'q Our Core Values — Safety •Teamwork • Quality • Integrity Page 11 mplementation and Startup Plan Project Startup and Quality Control Coordination Meeting The Project Estimator and the Account Manager review the project specifications and visit the project site(s) to develop a work plan for the completion of the project per specifications. A meeting including the Account Manager with key personnel responsible for carrying out the work, is held to discuss and coordinate how the project work will be performed. Documentation Prior to commencement of contract work we will thoroughly inspect and document deficiencies. After this is completed for each location, we will provide a detailed list. We will also include a proposal for restoring the area to its original condition if applicable. During the meeting, the Account Manger communicates the work task quality requirements and reinforces heightened awareness for critical requirements. Topics for the meeting include: • Project requirements per specifications. • Record keeping documents and availability of necessary forms. • Review methods, sequence of work tasks and timeline. Preparatory Site Inspection The Account Manager performs a quality inspection of the work area and: • Assesses the required work to be done per specifications. • Verifies field measurements. • Assures availability of required equipment and materials to complete the project. • Identifies potential problems and develops an action plan to resolve them. Scheduling Mariposa Landscapes, Inc. will submit a detailed schedule that includes all the routine activities. After submission and approval of this schedule, we will be ready to start work. Labor Our proposal is calculated to provide full-time employees to the project on a year-round basis. It is our goal to provide professional results. Therefore, we will assign the appropriate and trained crew force necessary to complete the specified activities in a professional and timely manner. To achieve the desired results, the appropriate labor will be assigned for every aspect of the work. Contract Executed or an Official Notice to Proceed On new contracts we typically purchase trucks and equipment, so we cannot initiate purchases until we have a signed commitment. Quicker startups that are 30 days or less may be an issue with supply chain delays. We prefer a 60 to 90 day start for our procurement. During this period, before the Job Start, we may have one or more meetings with the client to meet the management staff and go over a preliminary schedule of work. We also use this interim <�19 Our Core Values — Safety •Teamwork • Quality • Integrity Page 12 time to prepare more detailed maps of the areas with measurements so we can pre -order the materials we will need (fertilizer, IPM material for weed control and other consumables.) Job Start On day 1 our crews will have detailed maps of the areas along with task lists and the initial schedule. Our management is heavily involved in logistics during this time. We also go through the irrigation systems with our technicians to perform our initial evaluation. If we find anything that is broken, inoperative or neglected, we create a detailed list with repair pricing and a completion schedule for the customer. 30 Day Evaluation At 30 days we have a special evaluation meeting with the customer. There are always aspects of every job that cannot be completely spelled out in the work scope and specifications like, custom timelines, work sequences and specific area needs. We go over the experience so far and identify what is working well and what needs adjustment. The customer gets an action plan for any adjustments with timeline commitments from us along with the initial irrigation system inspection. 60 Day Evaluation At 60 days we anticipate operations to be going smoothly and meeting expectations. We perform a customer survey to assess the customer's perception of the experience related to the proposal process, transition to operations and the actual performance on the job. Our goal is to receive the highest score possible from our clients and provide complete customer satisfaction. 90 Day Evaluation At 90 days the customer receives a survey with one question on it "Would you recommend Mariposa Landscapes to other customers right now?" Our goal is to receive an enthusiastic "Yes" to this question. Quality Control Program We perform internal quality control on our work to free up our contract monitor or client representative (be it a Public Works Inspector or Property Manager) so that he or she will have a reduced work load. This creates a positive environment for everyone involved and enhances our client relationships. Our main philosophy behind quality control is summed up in one statement "Plan your work and work your plan." Therefore, the work is to be planned and monitored in the following ways: <�19 Our Core Values — Safety •Teamwork • Quality • Integrity Page 13 Annuol Work Schedule Here is a sample schedule. A final schedule will be provided upon start of work. Edging & DetalingP—emergent ��II■Vlili■iiiiYV■IIW�i`f�iY■ii■I■I■■■■■I�I�■■■■■■■■�I■I■■■■■I■I■ BroadleafControl application �� NONE MEMMEMEMEM No MEMMEMEMEMEM MEMOMMEMEME Pest Monitoring Irrigation System Inspections ■■■�"M■■ ■■■ MEMME■■ ■■■ ■■■ ■■■` MMM ■■■ "■■■ ■■■ Hedge Trimming ■■■■■■ MEMO■■■ ■■■ ■■■ ■■■ ■■■ ■■■ ■■■■■■■ ■■■■■ Ground -Covers Trimming M!=1M■■■■■ ■■■■■■■ ■■■ ■■■ ■■■ ■■■ ■■■ ■■■■■■■ ■■■■■■ Ground -Covers Edging ■■■■■ ■■■■■■■ ■■■ ■■■ ■■■ ■■■ ■■■ ■■■■■■■ ■■■■■■ Shrub Pruning ■■■■ ■■■■■■■ ■■■ ■■■ ■■■ ■■■ ■■■ ■■■■■■■ ■■■■■■■ Deadheading & Cleaning MEN MEN MEN MEN MEN MEN MEN MEN MEN MEN MEN No Pre -emergent application �� MEMEMEMOMME■MOMMEMEMEME■ME■EMEMEMEMEME Mulching RefireashingAnnual Color �M■■MMM■MM■■OMM■MEM■ME■MEMO■MEM■ME■■EMEOEM■■EME■OM Premium Color®■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■ of I-.• Plants■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Irrigation System Inspections Hardscapes Safety Inspection and Reporting ■■ ■■■ ■■■ ■■■ ■■■ ■■■ ■■■ nnnn ■■■ ■■■ ■■■ ■■■ ■■■ ■ onsommusumn Within 30 days of award of the contract we will submit an annual work schedule that will organize all the assigned areas into sectioned areas. The sectioned areas will be per the approval of the client representative. The schedule will designate the areas included with the service level and general tasks completed for that month. Any revisions to this schedule will be submitted to the client representative for approval. A review of this schedule will be made at monthly meetings to evaluate success. <�,q Our Core Values — Safety •Teamwork • Quality • Integrity Page 14 Monthly Work Schedules The Mariposa Account Manager will submit Monthly Work Schedules describing maintenance operations of all areas contained within this contract and when the work, including trimming, pruning and applications of chemicals/fertilizers will be accomplished. Other work will include the removing and/or replacing of landscape materials within the scope of this Contract. The work may include landscape renovations of rights -of -way, medians, retention areas and/or common turf areas. The Account Manager will develop the Monthly Work Plans and submit them to the client representative by the 25th of the previous month prior to the regular monthly meeting. The Monthly Work Plan will correlate with the Annual Work Schedule in a more detailed form. After the plan is approved at the regular monthly meeting the Monthly Schedule Evaluation Form will be completed with the client representative to evaluate the performance of the current month. The Mariposa Supervisor is responsible for creating and submitting these reports. Irrigation Reports The Irrigation Technician will create the Irrigation Reports at the specified frequencies and the Mariposa Account Manager will insure their accurate and timely completion. These reports will include scheduled formal inspections, all service requests, authorized emergency work and repair of damage. The Irrigation Technician will be responsible for conducting a formal inspection and related repairs of the irrigation system as scheduled. Results of the inspection shall be recorded on the Irrigation Inspection Report and checked for accuracy and then delivered to the client representative. The frequency of these reports will vary depending on the work scope. Account Manager/Client Meeting Work Quality Evaluations A critical aspect of the work is communication. Timely and accurate schedules address a lot of this; however, there is another important aspect that is sometimes overlooked: interpretations of quality. What is beautiful to some is not to others, this is why specifications are written. However, there is always some level of interpretation that can vary from person to person. The goal is to have the Mariposa Account Manager and the client representative both interpreting the expectations of the specifications in the same way. The way we accomplish this is through a graded evaluation of every aspect of the landscape on a site by the Mariposa Supervisor and the client representative. This evaluation is performed prior to the regular client representative meeting by the Mariposa Supervisor. When the regular meeting takes place, this same form is given to the client representative to evaluate the exact same items as the Mariposa Account Manager previously graded. Any differences in evaluation that the client representative has of the same work item or area that were graded by the Mariposa Supervisor are addressed immediately and clarified. The frequency of these evaluations and number of work items evaluated can vary based on the work scope. Please see the sample form provided. Action Item Lists Even with jobs that go perfectly there are always items that come up during walk-through inspections. These items may have nothing to do with work quality but may be requests for improvement, additional work or notations of concern, etc. One of the key aspects of an action item list is a target completion date. This is included for every item on our form. The Mariposa Account Manager is committed to completion of a requested activity at an agreed upon date. This is in writing; it's quick and easy to fill out. The client representative will have confidence that we will keep our promises because they are documented. Our goal is "Promises made are promises kept." Please see the sample form provided. <�19 Our Core Values — Safety •Teamwork • Quality • Integrity Page 15 f. References Please see section "VII. Certifications (Attachments)" for Attachment B: References. 4�la Our Core Values — Safety •Teamwork • Quality • Integrity Page 16 2. Cost Proposal Please see separate "Cost File" submission on planet bids. 4�la Our Core Values — Safety •Teamwork • Quality • Integrity Page 17 Extra Work Pricing Process At times, work above and beyond the contract scope becomes necessary. Our process to take care of this is: • Straight Forward — Simple pricing and approval process ahead of time • Transparent —The Customer sees what was purchased by us • Honest —The hours and material estimated are what is used, nothing exceeds the approved estimate • With No Surprises — Billing either matches or is less than what was quoted on the proposal When a customer desires additional work or an emergency arises, there must be some mechanism to quickly communicate and agree upon the cost. Many times, situations arise where it is difficult to come up with a cost ahead of time. We solve that issue with the following 4 step process: 1. Work is identified and a "Not -to -exceed" proposal is created 2. Customer receives the proposal and approves the work 3. Work proceeds, labor is tracked, and receipts are copied 4. Billing NEVER exceeds the original proposal. It is either equal to or less than the original proposal 4;t3M A K I R 0 S A Proposal .. . - . ' ` ' r ' ` Not to Exited Pricirra Estimate Th. fdlo gwarae hid m ne/3aiorr" Daw n.m of Irid inA Adat--ftdasignin—ir Monte rrance PROJECT INFORMATION ehent/Project: 5 #eGent Project Now 935 Y: 1234567 mm Job Name: Saplelob Name- Y ps ti-r 9M Y: 7891011 JobAddres: 123 FeatSlseet,AnywheM CA90D01 Job Omcrpbon: This is a description of thework pi ed. The description wi have en ght afammtian to show r4rerc euRHr ttawart is to be drsnl,what i7 to be done and when A wi becomoeted- The nformatim below am ast■nate wh ch mmt be appmwd by the customa prior to startin6 wort itis a 'Not to Eaaeed' pricing proposal. Therefore, frrtal bang wi be bes than or eqw I bo the proposed priarg. LABOR (W11111cow s CIRO*@ NpurMR•IM ..war Nairn 10TAL windvaipc/6-satim laborer 2wpols W91 Reg -- Landsm;W1rri cnTandlr 2/nl2ms $AV.44 ue6 Landmpe Operating Enpr•gt 21)IM I $105.17 Rea Senior Tree Trans 2/72=1 $58.a4 Reg Tree Trnma 2/nl3LD3 $ .aa Rea Tree Grounds on 2/22f12Eos $SO.3a Re undstapeMantman«Laborer 2/12R021 $25.50 Re Landanpe Maatlananrx Cww leader $31.50 Re Lands.Pe Mantwanoe Option Tednidan $75.00 Rea 4A $3 Lands up Mantonanca Spray Technl[ran $6730 Re EQUIPMENTp De"ption of equipment t used Hourly cast $0 00 50.00 $0.00 $0.00 Goo 50.00 000 $0.00 00 00 D 00 Iallor Tofal $300.00 Ntsma T04AL MATERIAL/SUBS/OTHER 19rMe>r.bresrwurrsl EqupmentTotal $&Do Description of Material, sub or Otharlperwirt, dfnrp, wk.I Quantity Unit UrAcost TOTAL Irrigation parts -vaWa 2.00 EA $98.00 $19600 100 LS 525.00 If an issue is uncovered that changes the scope of the original estimate, the proposal is revised and resubmitted for approval (typically with attached pictures and a clear explanation). Work will not proceed until there is client approval of the change. Key... The billing for any extra work does not exceed what you originally approved. TOTALS Matedal/SlAW011w T•tal 5255.00 NOW: Upon bins, dies piaa purchases of nrwlemb, labor Total S 300.00 equVrrrant rentab,subcontractor anwoi kload tickets. Equgrnent Total $ - wi besubrrwtted with the bang irnrp . Material/Subs/Other Total S 255.OD 1S%Mar1mpon MaeeriaV%bs/OtherTotals 1225 The sample proposal to the left would Totl Ilse-Te-Ess:eed Proposalfaat S9i2S submined, Atapted, be something irrigation related where multiple valves would need to be replaced because of an auto accident. NameoTPmpuser Date Nameof Customer Aopravn6 Date T dle d Propose Title of Customer Appwvng 4�la Our Core Values — Safety •Teamwork • Quality • Integrity Page 18 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Mariposa Landscapes, Inc. Ph (626) 960-0196 Fax (626) 960-8477 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 6232 Santos Diaz St., Irwindale, CA 91702 BUSINESS ADDRESS Terry Noriega PRINTED NAME OF AUTHORIZED AGENT President TITLE 3/20/2024 estimating@mariposa-ca.com SIGNATURE OF AUTHORIZED AGENT DATE 95-4245898 592268 FEDERAL ID NUMBER (IF APPLICABLE) 332672 E-MAIL ADDRESS CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE 1F AVAILABLE, BUT NOT REQUIRED UNTIL AND IF ANA WARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:City of Tustin Contact Individual: Forrest Locke Address: 300 Centennial Way, Tustin, CA 92780 Phone Number: (714) 573-3357 Contract Amount: $2,048,246.40 E MAI L:flocke@tustinca.org Year. 2015 - Current Description of supplies, equipment, or services provided: Landscape Maintenance of LMD Areas, Gen, Fund Areas, Parks, Medians and Facilities- Mowing, edging, turf maint., weed, rodent pest control hardsca a maint., trash pickup, Irrigation maintenance. REFERENCE City of Oceanside Customer Name: Contact Individual: Mark Garlock Address:300 N. Coast Hwy, Oceanside, CA 92054 Phone Number: Contract Amount: $3,910,770.00 (760) 435-5208 EMAIL: MGarlock@oceansideca.org Year: 2022 - Current Description of supplies, equipment, or services provided: Land. Maintenance citywide covering 31 parks, 10 facilities and 5 beach accesses. Daily maint. responsibilities for over 124 acres of landseaped aFeas. Strict integrated PeSt fflaRageM8Rt PFGtGGGl6 using organic control methods. REFERENCE Customer Name: Orange County Parks Contact Individual: Chad Ward Address:601 N. Ross St., 6th FI, Santa Ana, CA 92701 Contract Amount: $1,220,340.00 Phone Number: (949) 585-6420 EMAIL: chad.ward@ocparks.com Year: 2022 - Current Description of supplies, equipment, or services provided: Landscape Maint. - Weeding and cultivating, fertilization, trimming, pruning, watering, pest control, mowing, plant replacement, clean up of curb, uo tters and sidewalks, irrigation repair, restroom maint., trash pick up and disposal. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Mariposa Landscapes, Inc. Signed and Printed Name: Title President Date 3/20/2024 T Noriega THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California , County of Los Angeles Subscribed and sworn to (or affirmed) before me on this day of _ 20 , by vid proved to me on the basis of satisfa fy-eence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On before me, Brandon James Williamson, Notary Public � /�, t� ((insert name and title of the officer) personally appeared e" N rc l V� y i,wk who proved to me on the basis of satisfactoryNevidence to bb the person(s) whose name(s) islare 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. F BRA -NOON JAMES WILLIAMSON WITNESS my hand and official seal. _ r Notary Public - California Z LOS Angeles County Commission 2354892 My Comm. Expires Apr 19, 2025 Si nature g (Seal) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: erry Noriega Title: President Firm: Mariposa Landscapes, Inc. Date: 3/20/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed II Terry Noriega Title: President Firm: Mariposa Landscapes, Inc. Date: 3/20/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. IX Minimum Scope and Limit of Insurance CERTIFICATE OF LIABILITY INSURANCE DATE IMMrDUIYYYYI THIS CERTIFICATE IS ISSUED AS A MATT ER OF INFORMATION ONLY ANU CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAOE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the pollcyliesl must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this cwtlfiCats does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FEDERATED MUTUAL INSURANCE COMPAN- HOME OFFICE: P.O. BOX 328 NAMECLIENTCLIENT CONTACT CENTER IPArNOc.ME Es11:889 333rT949 AAc, Rol: $01 aaG a6Ss AAODRESS CUENTCONTACTCENTER FED INS. CON OWATONNA, MN 555064 INSURERS AFFOROINO COVERAGE AA C %SURER A. FEDERATED SERVICE INSURANCE COMI Al+ �F3:AW INSURED 171ti.7 i=: ASURER B. MARIPOSA LANDSCAPES INC 6232 SANTOS DIAZ ST FSLRER C NSL RER D: IRWINDALE, CA 91702-3287 ASLRER E. FSLRER T, COVERAGES CERTIFICATE NUMBER: D REVISION NUMBER: 18 T ll;_ ;,,TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM ED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN VAY HAVE BEEN REDUCED BY PAID CLAIMS I NSR TYPE OF INSURANCE SILL UBR POLICY N'j I?co POLICY EIF POLICY EXP LIMITS X CCMMFRCIALGENERAL LIABILITY EACH OCCURRENCE CLANI&M MACE C<CUR DAMAGE T1p RENTED PREMISE - MCC EXPIAnYam* prsal( EXCLUL_ A N N 60'J! D41DI?2D23 0410112024 PERSCNAL& pD11NJURY t 000 L'.' 'EL I'ppP E5 R. GEnFRAL AAORFOATFPCLIC'V PRCOUCT'S6CCMA CP ACC rGE1LAOOREG IOC C114E111. AUTO MOBILE LI#AMrY -=8.11YfO SINGLE uUr' , aaaclse INJURY (Per Pal— ANYAUTOBGDILY BODILY INJURY (Pal Acot n( a'OWNED AUTOO ONLY ALrTTOI3 FR J N N 6V': ! �. 0"V2023 0410112024 PROPENTY DAMAGE NRESDAVTIO OWNL NNO OKD X ULMOREiL1LAAB X CICGUR EACHOCCURRENCE S10.DOD,0DO AGORECA-E S10.ODD,OOD A EXOE33LIAB GLAIM"ADE N N 6U'u!..',' 0410110'.. 04^r' '_:-.4 DIED I RETENTION WORKERSCOMPENSATON AND E MPLO YE RSLULBI LRY PER III - -_- EL EACH P.CCICENT ANY PROPRIETCR.PAATNOM EXECU'1A OFFICER,MEMBER EXCLUDED? N.T E-L DISEASE 4A EMPLO)'e_ ILMndabry In NNI It Yes, describe undar E.L DISEASE •POLICY LIM - oESCRIPrICN OF OPERATI ONE below DESCRIPTICRI O: CPERATIGNS, LOCATICNbi %EHICIES "CPO 'e'. Addilalal Ran als SdreaUe. msr pe .R-H Ted •mare Waae is ,eW ,eu. THIS COPY IS NOT TO BE REPRODUCED FOR ISSUANCE OF CERTIFICATES. CERTIFICATE HOLDER CANCELLA71ON A CERTIFICATE HAS BEEN FILED WITH EACH OF YOUR 0 1e I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CERTIFICATE HOLDERS. BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVLREU IN ACCORDANCE WITH THE POLICY PROVISIONS, A'J-HC R IgC REP PE5ENTATIVE /�/ `, / l - AP -T 4�la Our Core Values — Safety •Teamwork • Quality • Integrity Page 27 DATE IYMMAD�'r TYYI ACOR& CERTIFICATE OF LIABILITY INSURANCEF�� 123/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER_ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(es) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Venbrook Insurance Services N.%Me T Iffindy west 6320 Canoga Avenue 12th Floor PHONE ale a eea� FAX [AdC Not Woodland Hills, CA 91367 EJ"IL ....--- -- www.ventxookcom INSURED Mariposa Landscapes, Inc. 6232 Santos Diaz St. Irwindale CA 91702 CA Lie No- 0080 e 3 COVERAGES CERTIFICATE NUMBER: 7354I489 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CUUMS. NiR LTR TYPE OF INSURANCE ADD SUER POLICY NUMBER FCLICYEFF V M O POUCYEXP M'DDYYY LIMITS COMMERCIAL GENERAL LIABILITY EA'.)- OCCURRENCE C."i 1AGE TORENTED ;�_�__? PREMISES .RENTED S NED EXP [Any one PERSONAL & AD': INJURY I GENL AGGREGATE L: !' - 1-=L E : GENERAL AGGREGATE POLICY PPS} L== PRODUCTS- COMP'C=.W6 a i OTHER. A&ITOYOBY-E WaILITY GOM@INFO SINGLE_MT Ei aCCYlenl' i BODILY INJURY Mer Person. i ANY AUTO ahx C 'I""EDULED OWNS OILY AUTOS B071LY INJURY irerarcm*m S PR4PERTYOMIAGE HIREC NON-OWWO �v.Jta- c+V<r AUTOS ONL" i UMBRELLA LIAB OCCUR EACH OCCURRENCE AC•:iREaATE i EXCESS LSAB CLAW2-1:.,77 DIED I I R=-eyno% A WORMERS COMPENSATION AND EMPLOYER a' LIABILITY ANY-RC"RJeTo-Z-AR-NEWEIECUTNE ❑ O-ICERMOMER EXCLUDED' N 23D WS 12057 4 '. =3 4; 1.^_024�ATI�E ER E-L. EACH ACCC61T 1 DOD 3CO E.L. DICEAM - EA EMPLOYE i 1 OW KM (MNneataay In NH) 111Oz. ]exrh rider CECCR I-TIC+a OF OPERATI0r43 belor El. D13EAm - POLICY Lmrr 1 DOD DOD DESCRIPTION OF OPERATIONS, LOCATIONS.. YFHICL-e8 IA: aR:'.V. AddMonal Remarks SarledV* may be attadvd 11 mora snaoe 1a mquhedl P-Oe of nsula' e CERTIFICATE HOLDER Manposa Landscapes, Inc. 15529 Arrow Higqhway Irwindale CA 9T706 ACORD 25 (201"3) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. aurHoalzED REPRESENTATIVE W1 'Nindv V.bst IY 1988-2015 ACORD CORPORATION- All rights reserved - The ACORD name and logo are registered marks of ACORD Our Core Values — Safety a Teamwork a Quality a Integrity Page 28 Company Values Safety This is the primary foundation of our company. We emphasize "safety first" on every worksite and in all our training programs. Our employees are taught to be aware of, and responsible for, safety at all times. We strive to prevent injuries and accidents, as well as provide a safe environment for staff and customers alike. Teamwork We work together, seeking input from all team members to organize our efforts for the greater good. We always remain open to change, embracing new methods and techniques to achieve the highest levels of quality and efficiency. We are considerate of team members, provide support, and encourage their growth, resulting in the ultimate outcome for the team. Quality We are committed to bringing the best possible quality for our customers and their properties and projects. We provide prompt service, expert workmanship, and superior products. We take pride in meeting or exceeding expectations. Our ultimate goal is to deliver excellent value for our clients' investment. Integrity We are honest and open in our communications, building deep trust and confidence in all of our relationships. We value the dedication and contribution of each person. The overall well- being of our employees, customers and vendors is important to us. <�Iq Our Core Values — Safety •Teamwork • Quality • Integrity Page 29 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Mariposa Landscapes, Inc. Ph (626) 960-0196 Fax (626) 960-8477 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 6232 Santos Diaz St., Irwindale, CA 91702 BUSINESS ADDRESS Terry Noriega PRINTED NAME OF AUTHORIZED AGENT President TITLE 3/20/2024 estimating@mariposa-ca.com SIGNATURE OF AUTHORIZED AGENT DATE 95-4245898 592268 FEDERAL ID NUMBER (IF APPLICABLE) 332672 E-MAIL ADDRESS CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE 1F AVAILABLE, BUT NOT REQUIRED UNTIL AND IF ANA WARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:City of Tustin Contact Individual: Forrest Locke Address: 300 Centennial Way, Tustin, CA 92780 Phone Number: (714) 573-3357 Contract Amount: $2,048,246.40 E MAI L:flocke@tustinca.org Year. 2015 - Current Description of supplies, equipment, or services provided: Landscape Maintenance of LMD Areas, Gen, Fund Areas, Parks, Medians and Facilities- Mowing, edging, turf maint., weed, rodent pest control hardsca a maint., trash pickup, Irrigation maintenance. REFERENCE City of Oceanside Customer Name: Contact Individual: Mark Garlock Address:300 N. Coast Hwy, Oceanside, CA 92054 Phone Number: Contract Amount: $3,910,770.00 (760) 435-5208 EMAIL: MGarlock@oceansideca.org Year: 2022 - Current Description of supplies, equipment, or services provided: Land. Maintenance citywide covering 31 parks, 10 facilities and 5 beach accesses. Daily maint. responsibilities for over 124 acres of landseaped aFeas. Strict integrated PeSt fflaRageM8Rt PFGtGGGl6 using organic control methods. REFERENCE Customer Name: Orange County Parks Contact Individual: Chad Ward Address:601 N. Ross St., 6th FI, Santa Ana, CA 92701 Contract Amount: $1,220,340.00 Phone Number: (949) 585-6420 EMAIL: chad.ward@ocparks.com Year: 2022 - Current Description of supplies, equipment, or services provided: Landscape Maint. - Weeding and cultivating, fertilization, trimming, pruning, watering, pest control, mowing, plant replacement, clean up of curb, uo tters and sidewalks, irrigation repair, restroom maint., trash pick up and disposal. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Mariposa Landscapes, Inc. Signed and Printed Name: Title President Date 3/20/2024 T Noriega THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California , County of Los Angeles Subscribed and sworn to (or affirmed) before me on this day of _ 20 , by vid proved to me on the basis of satisfa fy-eence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On before me, Brandon James Williamson, Notary Public � /�, t� ((insert name and title of the officer) personally appeared e" N rc l V� y i,wk who proved to me on the basis of satisfactoryNevidence to bb the person(s) whose name(s) islare 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. F BRA -NOON JAMES WILLIAMSON WITNESS my hand and official seal. _ r Notary Public - California Z LOS Angeles County Commission 2354892 My Comm. Expires Apr 19, 2025 Si nature g (Seal) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: erry Noriega Title: President Firm: Mariposa Landscapes, Inc. Date: 3/20/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed II Terry Noriega Title: President Firm: Mariposa Landscapes, Inc. Date: 3/20/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATTACHMENT A: PROPOSER'S FEE SCHEDULE Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibits and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that lam responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Specify costs for the proposed landscaping work at the various systems detailed in Exhibit 11. Indicate a monthly and annual price for each bid item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Note: This contractis subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Mariposa Landscapes, Inc Item# Bid Item {b Site} Monthl Fee Annual Fee 1 Elevated Tank $160.74 $1,928.88 2 Cambridge Station $ 40.18 $ 482.16 3 Cambridge Lot $ 40.18 $ 482.16 4 East Station $ 321.44 $3,857.28 5 J. Garthe Station $1,285.77 $15,429.24 6 South Station $ 964.32 $11,571.84 7 West Station $ 321.44 $3,857.28 8 West Station Lot $ 321.44 $3,857.28 9 Walnut $ 321.44 $3,857.28 10 Well 16 $ 80.36 $ 964.32 11 Well 21 $ 80.36 $ 964.32 12 W e 112 4 $ 80.36 $ 964.32 13 W e 112 9 $ 80.36 $ 964.32 14 Flower South $ 40.18 $ 482.16 15 Flower North $40.18 $ 482.16 16 Well 30 $160.72 $1,928.64 17 Well 31 $160.72 $1,928.64 18 Well 33 $160.72 $1,928.64 19 Well 35 $ 321.44 $3,857.28 20 PRV-1 $ 80.36 $ 964.32 21 Washington $ 321.44 $3,857.28 CITY OF SANTA ANA 22 SA Corp Yard $ 2,571.53 $ 30,858.36 23 Well 37 $ 80,36 $ 964.32 24 17t" St. Lot $ 321.44 $ 3,857.28 25 Figueroa Lot $ 80.36 $ 964.32 26 SA 7 $ 80.36 $ 964.32 27 San Lorenzo $ 80.36 $ 964.32 28 Crooke Reservoir $ 321.44 $ 3,857.28 Grand Total $107,040.00 Contractor shall submit additional labor. material and eauiDment rates alona with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. * Quantities listed are for bid comparison only and are subject to change. Mariposa Landscapes,lnc Phone (626) 960-0196 Fax (626) 960-8477 LEGAL NAME OF COMPANY 6232 Santos Diaz St, Irwindale, CA 91702 BUSINESS ADDRESS Terry Noriega PRINTED NAJE OF AUTHORIZED AGENT -...A PHONE AND FAX NUMBERS President TITLE 3/20/2024 estimating@mariposa-ca.com SIGNATURLtOF AUTHORITD AGENT DATE E-MAIL ADDRESS 95-4245898 FEDERAL ID NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. _ PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Standard Hourly Fee Schedule Supervisor LaborClassification Hourly $80.00 Foreman $60.00 Laborer $44.00 Technician $75.00 -irrigation Spray Applicator $65.00 Labor & Equipment rates are included in the hourly labor cost schedule shown above. Materials: 15% mark up Payment schedule is net 30 days. <�19 Our Core Values — Safety •Teamwork • Quality • Integrity Page 22