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HomeMy WebLinkAboutAGMT - So Cal Land Maintenance Inc (Landscape Maintenance)PUBLIC WORKS AGREEMENT LANDSCAPE MAINTENANCE AMENDMENT NO 1 between City of Seal Beach 211 8th Street Seal Beach, CA 90740 M So Cal Land Maintenance, Inc. 3000 E Coronado Street Anaheim, CA 92806 (714) 231 -1454 This Agreement for Landscape Maintenance Services ( "the Agreement') is made as of February 13, 2017 (the "Effective Date "), by and between So Cal Land Maintenance Inc., ( "Contractor "), a landscape maintenance contractor, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 3 RECITALS A. City desires to continue to retain certain Landscape Maintenance Services ( "Services ") provided by the Contractor. B. Pursuant to the authority provided by the Seal Beach Charter and Seal Beach Municipal Code, the City solicited proposals from qualified contractors experienced in the work needed to perform the Services. C. Contractor submitted a Proposal for performance of the Services, and City determined that Contractor was the lowest responsible bidder. D. On February 13, 2017 the City Council approved a Landscape Maintenance Agreement with Contractor ( "Agreement "), which permits additional extensions. E. Contractor represents that it remains fully qualified and able to carry out the Services contemplated by the Agreement in a good and professional manner; and it desires to continue to perform the Services as provided therein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereby agree to amend the Agreement as follows. AGREEMENT AMENDMENT NO. 1 1.0 "Term The term of this Agreement shall be extended to, and shall remain in full force and effect through and including, 11:59 p.m. on June 30, 2018 unless previously terminated as provided by this Agreement." All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Amendment as of the date and year first above written. 2of3 CIT 1A Atte M Name: Its: Approved as to Form By: Craig . Steele, City Attorney S7296- 0001 \2093524v1.doc R PUBLIC WORKS AGREEMENT LANDSCAPE MAINTENANCE between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 So Cal Land Maintenance, Inc. 3000 E Coronado Street Anaheim, CA 92806 (714) 231 -1454 This Agreement for Landscape Maintenance Services ( "the Agreement') is made as of �lanuaryr 13, 2017 (the "Effective Date "), by and between So Cal Land Maintenance Inc., ( "Contractor "), a landscape maintenance contractor, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 15 RECITALS A. City desires certain Landscape Maintenance Services ( "Services "). B. Pursuant to the authority provided by the Seal Beach Charter and Seal Beach Municipal Code, the City solicited proposals from qualified contractors experienced in the work needed to perform the Services. C. Contractor submitted a Proposal for performance of the Services, and City determined that Contractor is the lowest responsible bidder. D. City desires to engage Contractor to carry out the Services in the manner set forth herein and more fully described in Section 1. E. Contractor represents that it is fully qualified and able to carry out the Services contemplated by this Agreement in a good and professional manner; and it desires to perform the Services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Work 1.1. Contractor shall provide those tasks, work, and services (collectively "Work ") for performance of the landscape maintenance services, as set forth in Exhibit A (Request for Proposals dated December 22, 2016), and Exhibit B (Contractor Proposal, dated January 19, 2017) which are incorporated herein by this reference. 1.2. The complete agreement between the Parties includes this Agreement and Exhibit A and Exhibit B, attached hereto. The specific terms and conditions of this Agreement shall control and have precedence over any contradictory or inconsistent terms and conditions included in Exhibit A and Exhibit B, and shall be controlling in questions of interpretation. 1.3. Contractor shall perform and complete all Work under this Agreement on a timely, regular basis and in a good and workmanlike manner in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to the City. 1.4. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.5. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the 2of15 Scope of Services to be performed, including all City Facilities, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. 1.6. Contractor will not be compensated for any work performed not specified in the Scope of Work unless the City authorizes such work in advance and in writing. 2.0 Term The term of this Agreement shall commence as of the Effective Date and shall remain in full force and effect through and including 11:59 p.m. on June 30, 2017, unless previously terminated or extended as provided in this Agreement. City may extend the term of this Agreement for two (2) consecutive additional periods of one (1) year each by giving notice of its desire to extend to Contractor not less than thirty (30) days prior to the end of the term or any individual extension period. Upon mutual agreement of the parties to the terms of the extension, the parties shall execute an amendment to this Agreement. 3.0 Contractor's Compensation For performing and completing the Work in accordance with this Agreement, City will pay Contractor, in full compensation therefor, the amount of $125,260. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses, and any and all other things required, furnished or incurred for completion of the Work as specified in this Agreement. Contractor will not be compensated for any work performed not specified in the Scope of Work as defined in this Agreement unless the City authorizes such additional work in advance and in writing. Payment for additional work in excess of the City Manager's contracting authority requires prior City Council authorization. Any additional work authorized by the City pursuant to this Section will be compensated in accordance with the fee schedule and billing rates set forth in Exhibit B. 4.0 Method of Payment Contractor shall submit to City monthly invoices for all Work rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Work was performed and shall describe in detail the Work rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Work performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any federal or state payroll taxes or other taxes or deductions from any payments made by City to Contractor for Work performed under this Agreement. 3of15 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than thirty (30) days prior to the date of termination. 5.2. Notwithstanding Subsection 5.1, this Agreement may be terminated by City upon ten (10) days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of any insurance policy required by this Agreement at least 30 days before the expiration date of the previous policy(ies). 5.3. Notice of termination shall be given in accordance with Section 7. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Stephen Guise is Contractor's representative for purposes of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of Stephen Guise were a substantial inducement for City to enter into this Agreement. Therefore, Stephen Guise shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 - 8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: So Cal Land Maintenance, Inc. 3000 E. Coronado Street Anaheim, CA 92806 Attn: Steve Guise 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4of15 8.0 Personnel Contractor has or shall secure, at its own expense, all personnel required to perform all Work under this Agreement. Any person who performs any of the Work shall possess the qualifications, permits, and licenses required by State and local law to perform such Work. 9.0 Independent Contractor 9.1. Contractor is and shall at all times remain an independent contractor and not an employee of the City, and neither Contractor or any of its principals, directors, officers or employees are entitled to participate in any wages, salaries, pension plan, insurance, bonus or similar benefits that City provides for its employees. All Work provided pursuant to this Agreement shall be performed by Contractor or under its exclusive supervision, direction and control. Contractor will determine the means, methods, and details of performing the Work. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards. 9.2. Any personnel of Contractor performing Work under this Agreement on behalf of Contractor shall also not be employees or agents of City and shall at all times be under Contractor's exclusive supervision, direction and control. Contractor shall pay all wages, salaries, and other amounts due its personnel in connection with their performance of Work under this Agreement and as required by law. Contractor shall be responsible for all reports, withholdings, deductions and other obligations respecting such personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 9.3. To the fullest extent permitted by law, Contractor shall defend (with legal counsel acceptable to City), indemnify and hold harmless City and its elected and appointed officials, officers, employees, attorneys, agents, servants, designated volunteers, those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from or caused by Contractor's personnel practices or any negligent or willful act or omission of Contractor related to or arising out of this Section 9. In addition to any other remedies under this Agreement or law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure or refusal to promptly defend, indemnify and pay to City any defense costs, reimbursement or indemnification arising under this Section 9. 5of15 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Contractor is fully responsible to City for the performance of any and all subcontractors. 11.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 12.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Work and other matters covered under this Agreement, including but expressly not limited to, all Work performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Work provided in sufficient detail to permit an evaluation of all Work in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Work under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Work and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 13.0 Insurance 13.1. Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for bodily injury, death, personal injury, property damage and professional negligence which may arise from or in connection with the performance of the Work hereunder by Contractor, and its directors, officers, employees, agents, representatives, and subcontractors. 13.2. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6of15 than: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance (or Errors and Omissions insurance). Contractor shall provide to City the standard form issued by the carrier. 13.3. Minimum Limits of Insurance. Contractor shall maintain limits no less General Liabilitv: $2,000,000 per occurrence and in the aggregate for bodily injury, death, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liabilitv $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Professional Liability (or Errors and Omissions Insurance): $1,000,000 per claim /aggregate. 13.4. Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to professional liability insurance. 13.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 13.5.1. City, its officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 13.5.2. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents 7of15 serving as independent contractors in the role of City officials. Any insurance or self - insurance maintained by City, its officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 13.5.3. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 13.5.4. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City, or 10 days' prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. 13.5.5. Each insurance policy, except for the professional liability policy (or errors and omissions policy), required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, servants, agents, attorneys, designated volunteers, those City agents serving as independent contractors in the role of City officials. 13.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 13.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before Work commences. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 14.0 Indemnification, Hold Harmless, and Duty to Defend 14.1. Indemnity for Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its officials, officers, attorneys, employees, agents, servants, designated volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees "), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively "Claims'), to the extent they arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of 8of15 Contractor, and/or its officers, directors, employees, agents, servants, subcontractors, contractors or their officers, agents, employees or servants (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 14.2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services (as provided in Subsection 14.1), and to the fullest extent permitted by law, Contractor shall, at its own cost and expense, defend, hold harmless and indemnify the Indemnitees (as defined in Subsection 14.1) from and against any and all damages, claims, demands, causes of action, proceedings, judgments, injuries, liabilities, losses, liens, penalties, costs, and expenses, in law or equity, of any nature whatsoever, including but not limited to fees and costs of accountants, attorneys and other professionals, and all fees, costs and expenses associated therewith, and the payment of all consequential damages (collectively "Damages ") in law or in equity, whether actual, alleged or threatened, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Contractor or any of its officers, directors, employees, subcontractors, materialmen, suppliers, contractors, or agents, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, except for Damages arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including but not limited to all attorneys' fees and experts' costs actually incurred in connection therewith. Contractor's duty to defend pursuant to this Subsection 14.2 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. 14.3. Contractor's defense, hold harmless and indemnification obligations under this Section 14 or any other provisions of this Agreement shall not be restricted to insurance proceeds, if any, received by Contractor, the City or any of the other Indemnitees as defined in Subsection 14.1. 14.4. All duties and other covenants of Contractor under this Section 14 shall survive termination of this Agreement. 15.0 Security 15.1. Prior to the City's execution of this Agreement, Contractor shall provide City with Security in an amount equal to one hundred percent (100 %) of the 9of15 Contractor's Compensation as set forth above in Section 3. The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA. With this security, the form of which shall be subject to City Attorney's prior approval, the Contractor guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Contractor. If the term of the Agreement is extended, the Contractor shall automatically increase the amount of such security by an amount equal to ten percent (10 %) of the deposited security every year, subject to the provision that the Public Works Director may at any time determine that a greater increase in the amount of the security is necessary due to a greater increase in the cost of construction of the Work. In such event, the Contractor shall provide the additional security within thirty (30) days after receiving demand and justification therefor. 15.2. If the security is a corporate surety bond and, in the opinion of the City, any surety or sureties thereon become insufficient, because (1) the surety becomes insolvent; (2) the surety's bond rating is downgraded; (3) the surety declares bankruptcy; or (4) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, the Contractor shall renew or replace any such surety bond with good and sufficient surety or sureties within thirty (30) days after receiving from City written demand therefor. 15.3. The security, in a form accepted by the City Attorney, shall be submitted to the Public Works Director and then kept on file with the City Clerk. If a corporate surety bond is replaced by another approved bond, the replacement shall be submitted to the Public Works Director and, upon filing with the City Clerk, shall be deemed to have been made a part of and incorporated into this Agreement. Upon submission to the Public Works Director and then filing with the City Clerk of a replacement bond, the former security shall be released, following written approval of the Public Works Director. 15.4. Security securing the payment to the Contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all stop notice claimants for whom stop notices have been filed with the City, and if no claims have been filed, the security shall be released in full. 16.0 Conflict of Interest 16.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this 10 of 15 Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 16.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 16.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest' under applicable laws as described in this Subsection. 17.0 Suspension City may, in writing, order Contractor to suspend all or any part of the Work for the convenience of the City or for work stoppages beyond the control of City or Contractor. A suspension of the Work does not void or terminate this Agreement. 18.0 Nondiscrimination and Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, disability, ancestry, sex, sexual orientation, age or any other basis prohibited by federal or state law. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 19.0 Safety Requirements All Work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Work. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to City any hazardous condition noted by Contractor. 11 of 15 20.0 Labor Code Compliance Certification [Labor Code Sections 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] 20.1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the City and agrees to be bound by all the provisions thereof as though set forth in full herein. . 20.2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 20.3. Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit not more than two- hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the California Director of Industrial Relations (see http: /fwww.dir.ca.aov /OPRL /statistics and databases.html) for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. 20.4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 20.5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 20.6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 20.7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In 12 of 15 accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this contract." 21.0 Permits and Licenses Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates as may be required in connection with the performance of the Work under this Agreement, including, without limitation, a City of Seal Beach business license as may be required by the Seal Beach Municipal Code. 22.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance. 23.0 Entire Agreement This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior oral and written negotiations, understandings, representations, or agreements. This Agreement may only be modified by a writing signed by both Parties. 24.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 25.0 Governing Law; Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement shall be resolved in the superior court or federal court with geographic jurisdiction over the City. 26.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 13 of 15 27.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 28.0 Attorneys' Fees If a Party commences any litigation or other action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party all of its reasonable attorneys' fees and other costs incurred in connection therewith. 29.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 30.0 Corporate Authority The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provisions of this Agreement. 14 of 15 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONTRACTOC" Land Maintenance, c. In Attes 0 �� Uger Approved as to Form: Name: Step herVGuise Its: President By- - c9ca Le �,� Its: U p / By �SrSfa�nyl Craig .Steele, My Attorney 15 of 15 ACORD CERTIFICATE OF LIABILITY INSURANCE TM. I DAT02/144120 ;YYY) PRODUCER Phone: (714)901 -3494 Fax: (714)9013495 BEACHVIEW INSURANCE BROKERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5011 ARGOSY AVENUE #15 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HUNTINGTON BEACH CA 92649 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # 72UENOK3519 Agency Ligt: OG47892 04/28/17 EACH OCCURRENCE INSURED INSURER A: Trumbull Insurance Company $ 100,000 INSURER B. The Hartford Casualty Insurance Company $ 5,000 SO CAL LAND MAINTENANCE, INC. 3000 E. CORONADO ANAHEIM CA 92806 INSURER C: GENERAL AGGREGATE INSURER D: Cypress Insurance Company PRODUCTS- OOMPIOPAGG. 5 2,000,000 INSURER E: T10855 A COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADULI LTR INSRO TYPE OFINSURANCE POLICY NUMBER POLIOV EPPECoVE DATE MMIDDIYY POUCVEXFIRANON DATE MM /DD LIMITS B AUTHORIZED REPRESENTATIVE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE[ OCCUR 72UENOK3519 04128/16 04/28/17 EACH OCCURRENCE Is \ 1,000,000 DAMAOE TO RENTED PREMISES(Ea ocarenc.. $ 100,000 MED. EXP (Any one person) $ 5,000 PERSONAL IN JURY $ 1000,000 — GEN'L AGGREGATE LIMIT APPLIES PER X7 POLICY FJ PR E� if LOC GENERAL AGGREGATE 5 2,000,000 PRODUCTS- OOMPIOPAGG. 5 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREOAUTOS NON OWNED AUTOS PHYSICAL DAMAGE 72UENOK3519 04/28/16 04126117 COMBINED SINGLE LIMIT (Ee aocident) $ 1,000,000 X LX BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X .X PROPERTY DAMAGE (Per accident) $ (III ��GARAGE LIABILITY ANY AUTO AUTOONLY- EAACCIDENT $ OTHERTH AUTO ONLY. EA ADS $ EXCESS I UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE $ I AGGREGATE $ $ I $ $ D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORMARTNER /EXECDTIVE OFFICERrMEM9EREXCLUDEDt ayes,ee PROM ION aPECIALPRONSIder below $OW C]1 Q27O 10123116 10/23/17 X TORYTLIMITS (OTHER E.L. EACH ACCIDENT Is 1,000,000 E.L. DISEASE EA EMPLOYEE — 1 $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER: DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS The City of Seal Beach is listed as additional insured CERTIFICATE HOLDER CANCELLATION City of Seal Beach 211 Eight Street 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Seal Beach, CA 90740 Attention: AUTHORIZED REPRESENTATIVE �' Cynde Davenport 0 a ACORD 25 (2001/08) Certificate # 12723 © ACORD CORPORATION 1988 WORKERS COMPENSATIONAND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10B (Ed. 9 -14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us ) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Person /Organization Job Description City of Seal Beach SCHEDULE All Operations This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required onlywhen this endorsement is issued subsequentto preparation ofthe policy) Endorsement Effective: 10/2312016 Insured: So Cal Land Maintenance Insurance Company Cypress Insurance Company WC 99 04 108 (Ed. e -14) Policy No.SOWC714270 Endorsement No. Premium $ Countersigned by POLICY NUMBER: 72 UEN OK3519 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O rganization(s) Location And Description Of Completed Operation City of Seal Beach All Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or ..property damage" caused, in whole or in part, by ..your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: 72UENOK3519 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the contrary: agreement that this insurance would be Primary And Noncontributory Insurance primary and would not seek contribution from This insurance is primary to and will not seek any other insurance available to the additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and DH 131 12 15 24 1 !.btvsbodf Tfsydit!P93df -!bd/ -3123 Cbhf!2pg2 POLICY NUMBER: 72UENOK3519 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations City of Seal Beach Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage' occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Ser% 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ices Office, Inc., 2012 CG 20 10 04 13 Policy Number: 72UENOK3519 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This waiver of subrogation applies only: 1. to the person or organization; and 2. for the insured's operations at the designated location shown in the Declarations. We waive any right to recovery we may have against any person or organization because of payments under the Business Liability Coverage Form. Waiver of Subrogation in favor of: City of seal Beach Form SS 12 15 03 92 Printed in U.S.A. (NS) Copyright, Hartford Fire Insurance Company, 1992 Form W -9 Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. Do not Department at the Treasury send to the IRS. Internal Revenue Service 1 Name (as shown on your Income tax return). Name is required on this line; do rot haws, this this blares. 0 I_ LANp NVhN itivC,Fi /NU. - N 2 Business nama/daregarded entity name. If different from above - 3 Check appropriate box for fed" tax classification; check only of the following seven boxes: 4 Exemptions (codes apply only fo certain entities, not individuals; see c ❑ Irolvaua9sole proprietor q ❑ C Corporation Corporetlm ❑ Partnership ❑ Trust/estate instructions on page 3): li xa. single- member LLC ❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= Parnership) ► Exempt payee code (if any) p Note. For a single - member LLC that is disregarded, do not check LLC; Check the appropriate box In the Ilro above for Exemption from FATCA reporting p the tax classification of the ainye- member owner. code (f any) y❑ Other (me instructions)► ww•dress,(optionea,•a•vu•e r.usl !� 5 Address (number, street. and apt. or suite no.) Requesters name and atldress (optional) 8 OD U a city, slate, and ZIP code -? b m M CA ion 7 List account numbeits) here opplina(I Taxpa er Identification Number IN Enter your T1N in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding. For proprietor, or this this is generally your social security number (page However, fora resident alien, sole proprietor, or disregarded entity, see the Pan I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get e TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer Idenaficall number guidelines on whose number to enter, X _ 1D p p _+ 7 LRM Certification Under penalties of perjury, I certlty that: 1. The number shown on this form Is rry correct taxpayer identification number (or I am waiting for a number to be Issued tome); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest a d dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. �� /N _ Sign Here I u s. "moll, Date ► General Instructions Sectlon relero,os are to the Internal Revenue Code unless ohaswise noted Future developments. Information about developments affecting Form W -9 (such as legislation enacted attar we release it) is at www.irs.gov1hv9. Purpose of Form An individual or entity (Form W -9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your sacla) security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an information return tat amount Paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following: • Form 1099 -INT (Interest earned or paid) • Form 1999 -oN (dividends, including base from stocks or mutual funds) • Form 1099 -MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099 -B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099 -5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third parry network transactbm) • Form 1099 (home mortgage Interest), 1090 -E (student loan interest), 1098 -T (lu9km) • Form 1099 -C (cancete t debt) • Form 1089 -A (acquisition or abandonment of secured property) Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not mfum Form W -9 to the requester with a TIN, you might be subject M backup withholding. Sea What is backup withholding? on page 2. By sgning the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withhoklirg if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person. your allocable, share of any partnership income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4, Certify that FATCA codes) entered on this from (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? an page 2 for further Information. Cat. No. 10231X Form W-9 (Rev. 12 -2014) 1/19/17 City of Seal Beach 211 8`h Street Seal Beach, CA 90740 — t' SC CAL LAND MAINTENANCE, INC. 3000 E Coronado Street, Anaheim, CA 92806 Request for Proposals (RFP) Landscape Maintenance Services for the City of Seal Beach 0 Table of Contents 1. Executive Summary ...................................... ............................... Page 3 2. Qualifications of Firm... ............ --- ................. ............ ...... ...Page 4 3. Qualifications of Personnel ... ............................... ...........................Page 5 -6 4. Understanding and Approach .......................... ............................... Page 7 5. List of Current Work ......... ............................... ...........................Page 8 6. Organizational Chart ...... ......................... ............................... Page 9 7. Financial Reports ...................................... ............................... Page 10 -12 8. Written References ..................................... ............................... Page 13 -15 9. Certificate of Insurance ..... ............................... ...........................Page 16 10. Bonding Capacity/ bbID Bond ....... ............................... _............Page 17 -19 11. Exhibit "C" Price Proposal ..................... .................................... . Page 12 -25 K Executive Summary So Cal Land Maintenance, Inc. would like to thank you for the opportunity to submit a proposal for the Landscape Maintenance services for the City of Seal Beach. So Cal is a professional landscape maintenance contractor that provides weekly maintenance and technical supervision for counties, cities, property management companies and owners. Our team of educated professionals have maintained numerous Public Facilities properties for the City of Riverside, The AQMD in Diamond Bar, 100 acre parks for the County of Orange, landscapes for the City of Desert Hot Springs, Water District properties in Coachella Valley and Orange County, the City of Palm Springs, 5 DMV Offices, and landscapes for large commercial complexes to mention a few. Our philosophy is simple; to be professional at all times, proactive and communicate weekly with management. We apply and conserve irrigation water using the California Irrigation Management system and our pesticide applicators are certified with the Department of Agriculture. Our team includes Agronomists. Arborists, Horticulturalists and Landscape Designers. So Ca[ Land Maintenance is a licensed and insured full service landscape contractor. This proposal will discuss the professional approach that So Cal takes when managing landscape accounts. All of our Crews and Equipment for this project will be dispatched from our AnaheimYard or left at a local yard provided by the City. We understand the pressures to have your site in the very best conditions at all times even in these times where water is being rationed. We have numerous accounts today that are the same scope of work requiring flex hours to work around parked cars and pedestrians and years of experience working in and around the City of Seal Beach. We are very enthusiastic about the opportunity to acquire this work and future projects with the City of Seal Beach. !i Sinceir�f}- / S) al a d Maintenance, Inc. Steph r Guise, President Submitted by: Stephen Guise, President 3 So Cal Land Maintenance, Inc. 3000 E Coronado Street Anaheim, CA 92806 C.714- 231 -1454 C -27 Lic#960258 DFR #1000001152 Qualifications of Firm So Cal Land Maintenance, Inc. (So Cal) is very willing and able to enter into a contract with the City of Seal Beach. We are aware of the high standards you place on your site maintenance and the goal to bring these areas up to these standards as quick as possible. So Cal Land Maintenance will provide a professional team of landscape gardeners and provide adequate staffing and resources to accomplish all of the tasks as spelled out in the RFP for Landscape Maintenance Services. So Cal is a California corporation and a certified Small Business entity that was started in February of 2011 by three individuals that wanted to create a new company that provided more than the typical mow and blow mentality. Our main office is located in the city of Anaheim, with satellite yards in Coachella, Desert Hot Springs, and Riverside. So Cal manages a number of maintenance accounts within the area and manages 57 employees. During the past five years So Cal has worked for Counties, Water Districts, Cities and private clients with positive comments and reviews. The So Cal partners have all worked in the fields of landscape construction and maintenance. The owner, Stephen Guise, President, formally of the historic Santa Anita Park, worked previously as the Vice President for two large Landscape Maintenance firms, and landscape supervisor for the Anaheim Resort District. He is a recognized National Sports Field Consultant. Our years of experience and professional skills meet the goals and fulfill the general functions for maintenance in this RFP. So Cal has never failed to enter and execute a contract or professional services agreement nor withdrawn from a proposal. So Cal Land Maintenance, Inc. possess no litigation history and has never been involved in fraud, bribery, collusion, conspiracy, or violation of state or federal antitrust laws. Our staff is experienced in irrigation, tree trimming and facility maintenance. So Cal has certified irrigation specialists. Our specialized tree trimmers do an exceptional job tree trimming and in landscape maintenance our crew is able to locate and identify weeds, diseases, insect infested areas, and map and monitor progress of treated areas. Safety is our main priority in executing our work. Our crews know the requirements and regulations of County. State, and Federal weed control programs including all requirements relevant to pesticide storage, mixing, application, and disposal. So Cal records and maintains appropriate records of pesticide applications which are then reported monthly to the Agricultural Commissioner for that County. We understand the importance of safety at all sites we service and strive to always use safety precautions. Our in -house resources include computer capabilities, software applications, modem protocol. We have an account with Nextraq which allows us to track each crew on a daily basis. Furthermore, allowing us to obtain the most accuratejob cost for the work our crews perform. We use cellphones to communicate via text, email, photo or voice call. All foremen have email access. So Cal is equipped with the latest technological communication. F..very area of our operations is strong and it is what helps our company thrive as we take very serious our performance. So Cal has conducted business since 2011. We have been in business for six years in providing required scope of services to public and private clients. Qualifications of Personnel (1) Staff: On a weekly basis. Byron Ortiz and his crew will service your properties. So Cal's Superintendent Jose Luis will supervise the crew and inspect the properties for compliance. (2) Three persons typically responsible for working with the County are: a. Stephen Guise, Project Manager b. Jose Luis Solano, Supervisor c. Byron Ortiz, Foreman (3) Proposed Team Organization a. President and Supervising Manager: Stephen Guise (30 years experience) b. Irrigation Technical Advisor: Darin Doucette, (25 years experience) c. Arborist: Dennis Aldridge (35 years experience) d. Superintendent: Jose Luis Solano (24 years experience) e. Mow Foreman: Byron Ortiz (10 years experience), crew size of 6 f. "Free Foreman; Socono Martinez ( 17 years as a Climber) crew size of 3 (4) Brief Biographies a. Stephen Guise - Will be the project manager for these sites and is a recognized Agronomist and National Turf Consultant, a past President of the Sports Turf Managers Association, and a co- chairman of the American Society of Testing and Materials committee 1-08.64 for Natural Turf sports fields. The ASTM writes International Guidelines and Standards for the design, construction, and maintenance of natural and synthetic sports fields for all levels of play. Stephen has held positions as a professional grounds keeper, Director of Facilities and Grounds at Santa Anita Park, and worked for a number of landscape maintenance companies. b. Darin Doucette - The So Cal partners have worked in the Southern California green industry for a total of 80 plus years. Their experience is second to none and desire to maintain properties as a professional team, has continued with the hiring of Agronomists, Horticulturalist, Sports Turf Managers, Irrigation Techs, and Designers that provide the technical support and insight to a field of experienced gardeners. c. Jose Luis Solano- Jose Luis has been working in the landscape industry for over 20 years and resides in Riverside. His landscape background includes management, irrigation, maintenance and arbor care. Jose Luis is responsible for crews of 57 employees maintaining large public and private parks, sports venues and commercial landscapes in Riverside and Orange County. He is especially familiar with irrigation repair and maintenance. d. Byron Ortiz Byron is an experienced foreman with excellent communication skills. He is the Mow and Detail Foreman and would be the point of contact for the work as well. Byron has many years of experience. He is easy to communicate with and is very efficient with irrigation arbor care and landscape maintenance. He speaks English and Spanish Fluently. He would be transferred full time to your account. The employees mentioned have performed work with the South Coast Air Quality Management District. The San Onofre Nuclear Plant, Orange County Parks and Libraries. ** *Key individuals listed and identified will perform the work and will not be substituted with other personnel without the Commission's prior approval. So Cal employees are trained and certified gardeners. Our irrigator techs have attended technical training school and became certified in irrigation. We have also provided our employees with Water Management and Auditing Certification through the CLCA in order to provide more efficient water management to our clients. The new water restrictions in Califomia have made for this push to better conserve water and to lower water cost. Moreover, our employees have attended a Recycled Water On -Site Supervisor Training for proper handling of reclaimed water. Our chemical applicators are licensed through the Department of Agriculture. Safety precautions are our main priority. The necessary steps are taken each time of application, such as alerting the public by posting a Notice of Pesticide Application (14) days prior to application. Each month we report our pesticide applications to the California Agricultural Commissioners online website for its county. We currently report to Orange County, Los Angeles County, San Bernardino and Riverside County. We practice IPM to reduce the use of chemicals in the environment. The qualifications of So Cal allow for the ability to meet required qualifications as requested in this RFP. We are able to fulfill the Scope of Work described and will provide any additional staff necessary to perform successfully the Landscape Maintenance services for the City of Seal Beach. C Understanding and Approach From day one, Supervisor .lose Luis Solano and Foreman Byron Ortiz will be on site to access the condition and maintenance protocol of all of the areas in the contract. This information will be reviewed with the site crew and a schedule will be developed to discuss and present to management. All safety issues and /or maintenance priorities will be addressed First and corrected immediately. This inspection will allow So Cal with a proactive approach to identifying potential hazards and risks and report their findings to management. After the general safety inspections are completed during the first week of service, to this end we will create a working schedule. A major cleanup is required to trim the turf and remove the weeds from weeks of no service. The first month will be used to get everything up to standard maintenance. So Cal will provide landscape maintenance that is second to none using approved traffic control measures, new efficient equipment, technology, and an environmental sensitive maintenance approach to each area of property and duty that our team of professionals wilt perform. Having a strong team of Arborists. Horticultural i sts, and hardworking honest employees separates So Cal from the competition. All employees wear So Cal uniforms with company and employee's names on the shirts for easy identification. The crew size is anticipated to require 6 Gardeners, a Foreman and a certified Irrigation Tech. fulltime. Joe Luis, our supervisor will support the team as required and will be onsite every week to be sure the equipment is operating correctly, the scope of work is completed, and that the crew is operating in a safe manner. The crew will work under the daily supervision of a foreman and senior irrigation technician and will follow a detailed schedule that will have the crew on every property weekly. The foreman will complete job inspections within and produce a written report for management that will be provided to management. This report and photos for clarification allows So Cal management to guarantee our clients updated information and a clear understanding that we are providing the highest level of professional landscape management. The President of the company visits all of So Cal 's jobs every 4 -6 weeks and meets with management monthly to reviewjob conditions and create action plans to improve site conditions. So Cal has a 24 hour emergency service line that is communicated directly with the local Supervisor. So Cal Land Maintenance, Inc. is a dedicated and professional landscape maintenance company that will provide a consistent high level of service for the Riverside County Transportation Commission. So Cal is currently contracted on numerous projects. Below is a partial list of the contracts we currently maintain. Partial list of current work; DMV Office- Indio, Fullerton, Pomona, CA Landscape Maintenance City of Vernon — Vernon, CA Landscape Maintenance Atlanta Ave Office Building — Riverside, CA Landscape Maintenance Coachella Valley WaterDistrict — Coachella 48 locations throughout Coachella Valley- Landscape Maintenance City of Palm Springs — Palm Springs, CA Landscape Maintenance Orchard Shopping Complex — Murrieta, CA 92887 Landscape Maintenance Orange County Head Start Program — 15 locations, County of [range, CA Landscape Maintenance at various Head Start locations Mercedes Benz Laguna Niguel — Laguna Niguel, CA Landscape Maintenance Pacific City Medians and Parkways — Huntington Beach, CA Landscape Maintenance Columbia Hunter, - Riverside, CA Landscape Maintenance San Onofre Nuclear Station — San Onofre Landscape Maintenance OC Parks: Ted Craig Regional Park — Fullerton, CA Landscape Maintenance -100 Acres OC Parks: Tri City Regional Park — Placentia, CA Landscape Maintenance -40 Acres Orange County Public Libraries — South County, CA Landscape Maintenance DMV Redlands — Redlands, CA Landscape Maintenance Ontario Ranch Weed Abatement — Ontario Weed Abatement -City Wide South Orange County Water Authority — Orange County Landscape Maintenance City of Brea Parks — Brea Parks Mowing City of Riverside — Facility Maintenance- Riverside Landscape Maintenance OCTA — Right of Way, Orange County Landscape Maintenance City of Desert Hot Springs, Desert Hot Springs, CA Landscape Maintenance South Coast Air Quality Management, Diamond Bar, CA Landscape Maintenance SO CAL LAND MAINTENANCE, INC. ORGANIZATIONAL CHART STEPHEN GUISE, PRESIDENT OFFICE MANAGER: SUB CONTRACTORS/VENDORS: NAYELI NUALART SUPERVISOR: JOSE LUIS SOLANO NONE I FOREMAN: BYRON ORTIZ I MOW CREW (3) DETAIL CREW (3) CERTIFIED IRRIGATOR TECH (1) 11_� A3bl�.s OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 40058 Telephone (323) 583 -8811 October 5, 2011 RE: Letter of Reference - SO Cal Land Maintenance To whom it may concern: The City of Vernon contracted its ground maintenance services with SO Cal Land Maintenance (SO Cal), effective August 1, 2011. SO Cal currently provides grounds maintenance services at City Hall, Fire Station No. 2, Light & Power, Petrelli Building, Public Works Yard, 500 Street Apartments, and related City facilities. This work requires a contractor with significant landscape acumen and a professional staff that can address the many challenges associated with this type of work. Mr. Stephen Guise, President of SO Cal, is a first class professional in the field of landscape management and horticulture practices. In addition, Mr. Guise has a professional demeanor that enhances communication and improves logistical coordination efforts. With that said, I would highly recommend SO Cal for your landscaping needs. Sincerely, Scott B. Rigg, MPA, EML City of Vernon Public Works & Water Superintendent 13 11/16/2016 To Whom It May Concern, So Cal Land Maintenance, Inc. is the landscape contractor assigned to two of my facilities that I manage for OCCR /OCParks Facilities. The following parks are Ted Craig Regional Park and Tri City Regional Park. Steve Guise is in President /Owner in charge of these contracts, since the year of 2014. 1 believe Steve Guise to be a very professional contractor. Mr. Guise and his staff respond to any Issues or concerns in a quick manner. If you have questions, please contact me (714) 973 -3185 or Robert.SaucedoCa)ocoarks.com. Sincerely, Robert Saucedo MCS II 1 Ted Craig Tri City Regional Park q� r.m r �rnpor�ervFa� Ght�dr�er � �rtm +he( 2501 S. Pullman St, Suites 100 Santa Ana, CA 92705 714.241.8920 www.ochsinc.org January 30, 2014 To Whom It May Concern: Re: Letter of Recommendation So Cal Land Maintenance has been providing landscape maintenance services for our schools since 2011. They are currently servicing 17 locations. The services being provided on an on -going basis are lawn and ground cover care, including mowing, edging, weed abatement, and seasonal fertilization; shrub, vine and tree care, including pruning, seasonal fertilization and weed abatement; disease and pest control; and irrigation system maintenance and repair. The landscaping staff work around the daily routine of our schools so not to interfere with school activities. Emergency requests are responded to immediately. It has been our experience that all staff at So Cal Land Maintenance are professional, courteous and responsive. I am extremely happy with the service and maintenance being provided. Facilities Manager Orange County Head Start, Inc. 15 I ACORD DATE (MM /DD(YYYY) TM CERTIFICATE OF LIABILITY INSURANCE 10/2712016 PRODUCER PITI (714)901.349.1 FD+ ('114)901 -3495 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BEACHVIEW INSURANCE BROKERAGE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5011 ARGOSY AVENUE #15 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HUNTINGTON BEACH CA 92649 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL It THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING Agency UCA. 0047892 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR INSURED INSURER A: Depositors Insurance Company 42587 SO CAL LAND MAINTENANCE, INC. INSURER B. Houston Specialty Insurance Company 12936 3000 E. CORONADO INSURER G Torus National /Starstone National Insurance 25496 ANAHEIM CA 92806 DATE 1.1:41U0 GENERAL LIABILITY TEN -15701 04126116 INSURER D: Cypress Insurance Company 10855 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I.SR ADO'L TYPE OF INSURANCE POLICY NUMBER PpucYEFFECTVE POLICY EXPINABON LIMITS ji Attention: OR THIRD DATE MI:IBB DATE 1.1:41U0 GENERAL LIABILITY TEN -15701 04126116 04128/17 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TOFENTE - 100,000 _ PREMISES (Ea occurtneel CLAI65 MADE, OCCUR RED. EXP(Any are persan7 S 5,000 B PERSONAL 8 ADV INJURY S 1,060.000 GENERAL AGGREGATE S 2,000,000 LED L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG. $ 2,000,000 PRO- X POLICY JECT JECT AUTOMOBILEU EHUTY ACP300717219 05/10/16 05/10/17 COMBINED SINGLE LIMIT ANY AUTO (Ea acoCenp S 1,000,000 ALL OWNED AUTOS BODILY INJURY (Per perscn) b X SCHEDULED AUTOS A X HIRED AUTOS BODILY INJURY X NON-OWN. ED AUTOS (PI ..dI,NI) $ X PHYSICAL DAMAGE PROPERTY DAMAGE $ (PS, .I GARAGE LIABILITY - EACCIDENT AUTO ONLYA -EA S ANY AUTO OTHER THAN AGO $ AUTO ONLY AGO S EXCESS I UMBRELLA LIABILITY 73922JI51ALI 04/28/16 �, 04128117 EACH OCCURRENCE S 10,000,000 X OCCUR CLAIMS MADE AGGREGATE 5 10,000,000 C $ DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND SOWC714270 10/23/16 OTHER 10/23/17 X rDRV LCnrs EMPLOYERS' LIABILITY E. L. EACH ACCIDENT $ 1,060,000 D ANY PROPRIAOMPARTNEMAECIPVE OFFICERIMEMBER EXCLUDED] E . DISEASE -EA EMPLOYEE 5 1,000,000 RVE SPECIAL PRO NSION s blow E.L DISEASE-POLICY LIMIT S 1,000,000 OTHER: DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED By ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION Specimen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VNLL MAIL 30 DAYS "ITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT AUTHORIZED REPRESENTATIVE 1'1 _ f, A, �. .. ji Attention: `— Donna M. Cyphers ACORD 25 (2001/08) Certificate * 12435 p ACORD CORPORATION 1988 Bi Insurance Services of California, Inc. BB &T — John Burnham Insurance Services Surety Bond Division 750 B Street, Suite 2400 San Diego, CA 92101 Mobile: (619) 920 -3089 Fax (888) 770 -6295 Email: rqualin @bbandt.com November 15, 2016 So Cal Land Maintenance Inc Steve Guise 3000 E Coronado St. Anaheim, CA 92806 Re: Surety Bond Program To whom it may concern: We are pleased to write this letter of recommendation for So Cal Land Maintenance Inc., one of our preferred bond customers. It is our opinion that So Cal Land Maintenance Inc., is managed by very competent and experienced individuals who have demonstrated, over the years, their ability to perform challenging construction projects on schedule and within budget BB &T — John Burnham Insurance Services, Inc. has provided the continuing facilitation of surety bond credit for So Cal Land Maintenance Inc., as its broker. Our agency has an established bonding relationship with State National Insurance Company, which will support bonds on their behalf for projects of $3,000,000 up to an aggregate of $5,000,000. State National Insurance Company is AM Best rated AVIV (Excellent). The agreement for bid bonds or performance and payment bonds is a matter between the contractor and the surety company. BB &T — John Burnham Insurance Services, Inc. and State National Insurance Company assume no liability as to third parties or to others, if for any reason, we do not execute said bond(s). Sincerely, Roc4 2ua&a Rocky Qualin Surety Department tl DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "C" — Proposal to City of Seal Beach for Landscape Maintenance Services TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as Bidder, declares that: (1) this Proposal is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including the Request for Proposals and all Addenda) and City Facilities; and (3) has attended the Mandatory Pre - Proposal Conference and Walk -Thru of City Facilities; and (4) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Landscape Maintenance Services and related work to be performed, and the materials and equipment to be furnished. Furthermore, the undersigned agrees that submission of this Proposal (including Exhibits "C ", "D ", "E ", "F" and "G ") shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Agreement be awarded to it, to execute the Agreement with the City of Seal Beach to perform the Landscape Maintenance Services in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated monthly fees and unit prices or lump -sum prices as submitted on the Proposal herein. Accompanying this Proposal is a certified or cashier's check, or a Bid Bond, in an amount equal to at least ten percent (10 %) of the total aggregate Proposal price based on the Landscape Maintenance Services quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the contract and thereafter fail or refuse to execute the Agreement and provide the required evidence of insurance and Labor and Materials Bond within fifteen (15) days after delivery of the Agreement to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. The undersigned possesses California Contractor's License Number q/pOa53 Class h xpires on I II Bidder's Nam : C Y c Signature: Date: '(16117 Print Name: Print Title: c. Signature: Date: 141 Print Name: Print Title: 0 . Landscape Maintenance Services RFP Page 12 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "D" — Price Proposal Prevailing wages are required on this contract. Parks Acre Monthly Cost Total Cost ( 5- Almond Park 1.8 S 1319 Arbor Park 11 I (fly ?Oqo Aster Park .8 �I 0 Bluebell Park 1.3 l ' Corsair Park .3 lo-p 0 Edison Park 17.2 Lf Lf b / y Eisenhower Park 1.5 Ja ( 10S Electric Green Belt 8.4 I V o 0 cJ 000 Heather Park 1.6 a 1 171 Marina Park 1.5 I I t Os Schooner Park 1.5 dLa 1 i! Windsurf Park 1.1 6 /0 Zoeter Green Belt 1.2 I 6 Zoeter Field 1.8 19(05 Medians Lineal Feet Monthly Cost Total Cost 1st Street 1,650 1 70 SO 4th Street Traffic Circle 900 i 00 SUp Lampson Ave 5,200 S3a O Marina Drive 300 J 00 (jp PCH 3,184 a� SB Blvd (5. North Gate) 4,325 Lf Lf b 1919 0 O SB Blvd (s. Westminster) 2,300 311.�_ I t % j I SB Blvd (5. Adolfo Lopez) 2,121 1 i, 1 090 Sib Blvd (5. Bolsa) 875 1 00 00 SB Blvd (s. PcN) 220 1 013 600 Westminster 1,400 Ila 6-So Parkways Lineal Feet Monthly Cost Total Cost Almond Ave 5,000 Li _,5- -aF{o Balboa Ave 600 J (nj SUp Bolsa Ave l 3,020 e�7s 137 Landscape Maintenance Services RFP Page 13 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach Catalina Ave 736 Sb 7 SQ 0 1st Street 700 1(n 0 Lampson Ave 7,400 (07 Egg Main Street 3,028 i-7� 3�Q Marina Dr 1,360 1 ate( c) Ocean Ave 250 16,0 ?SO Ocean Bulb Outs 3,290 Sao IS-00 PCH (N. S8 Blvd) 1,530 L 500 PCH(1st -stn) 600 ISO 7510 SB Blvd (E PCH) 1,400 tag 6Yo SB Blvd (E North Gate Rd) 4,000 IT;. Special Districts Lineal Feet Monthly Cost Total Cost SB Blvd (Old Ranch - Plymouth) 4.200 Sb 7 90 Lampson Median 600 1CO SB Blvd Parkway 800 lop Egg LampsonPkw(sRBiad -SBTC) 2,500 7 4 SS SB Blvd Pkw(tampson- P1ymuuth) 2,600 1 '70 Bridgeport Entry 1000 1'-I ?SO CPE Entry (candleberry) 200 ( Qro cm CPE Entry (Heather) 200 L 500 CPE Entry (Rose) 400 1 J -750 CPE Entry (Tulip) 400 0 0 SB Entry Sign Lampson 2,176 13/ SB Entry Sign N. Gate Rd 15,000 ( I I 0-525- CPW Entry 4,000 2 Lf / College Park Dr Median 180 / 010 Em 2nd St Entry Sign 5,500 O Buildings Square Feet Monthly Cost Total Cast 8th St Parking Lot 19,200 11 fir 90 Pier Restroom Planters 200 1CO Beverly Manor Reservoir 6,680 lop Egg Fire station 48 53,800 7 4 SS Lampson Well 1,360 0 i50 City Hall 7,400 as q ?SO Mary Wilson Library 1 20,700 35 0 I'JSO Fire Station 44 8,800 0 500 Main St & Electric Parking 33,000 1 at Landscape Maintenance Services RFP Page 14 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach Main St 100 Block Parking 16,300 l /Q'Q O Marina Community Center 20,000 P_7� (ol?s Police Department 33,500 _,0 G if) O Pump Station i5B Blvd a uectdc) 4,300 �)_ao / ecin SBTC 254,000 (S-(05 as, NSBC 7,700 P<TO 1060 Hardscape Lineal Feet Monthly Cost Total Cost North Gate Road 3,600 a (o O North Gate Bike Trail 2,500 O p Std Lampson 10,400 # 1 1st Street 2,000 70 09 Main Street 3,600 O Landing Ave 2,456 lint sm PCH 1,450 t pm S-(m SB Blvd 1,400 r 50 Westminster (50Blvd -City LimiUl 10,500 J S ' • �� Westminster(SBBlvd - LB) 3,700 130 (Osb Bolsa Ave 1,100 / 50 SUBTOTAL BASE MAINTENANCE ANNUAL COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): CS Mw.�r1.s $ IaS,a (0 o,o-o EXTRA WORK BID SCHEDULE In the blanks provided, fill in the unit price to furnish the time and materials including all labor, materials, equipment, work and methods necessary to complete the work and all applicable sales and use taxes. Irrigation Heads and Associated Repair Parts Item # Description Estimated Unit Price Total Quantity # 1 Hunter 1 -40 Pop Up 20 $ (0S $ I 3U0 # 2 Hunter 1 -25 Pop Up 100 $ L/S $ y /5@O # 3 Hunter 1 -20 Pop Up 250 $ 30 $ _)JSO'O # 4 Hunter PGP ADJ Pop Up 50 $ ac2 $ is j Dfl #5 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 50 $ as $ t, 4. b # 6 Hunter Ultra 4" P/U RTR ADJ SS CK VLV 50 $ S $ i trio # 7 Hunter Ultra 4" ADJ SS CK VLV 50 $ $ Landscape Maintenance Services RFP Page 15 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach # 8 Hunter 4" ADJ Rotor Pop Up 50 -Z 4 $ 0 $ 1a� # 9 Hunter 4" ADJ Rotor Pop Up w/ Blue Nozzle 50 $ (94 $ 1,2t�o #10 Hunter 12" Spray Pop Up Body Only 50 $1A $ 1 t # 11 Hunter 1" Plas RCV w/ Flow Cntrl 50 $ 9 O $ y,5n # 12 Rain Bird 2" RCV Brs 50 $ 170 $ S-St50 # 13 Rain Bird 1 -112 " RCV Brs 50 $ 150 $ -7S0-C # 14 Rain Bird 1" RCV Brs 50 $110 $ 5tSP0 # 15 Rain Bird 2" RCV Brs 50 $ 1 VO $ 9,tmv # 16 Rain Bird 1 -112 " RCV Plas 50 $ I t o $ S'S'Up # 17 Rain Bird V RCV Plas 50 $ ICrO $ 4a" # 18 Rain Bird Diaphragm Assembly - 200G /EFA 50 $ 4.5, $ -',AD # 19 Rain Bird Diaphragm Assembly - 150G /EFA 50 $ So $ 7S?0 Rain Bird Diaphragm Assembly - 75/100 #20 EFA/EFB 50 $ $31� # 21 Rain Bird Diaphragm Assembly 1501200 FEB 50 $ 35- $ I7So # 22 Rain Bird Diaphragm Assembly 100PE 50 $ 40 $Aoft # 23 Rain Bird Solenoid Assembly - EFB /PEB /PGA 50 $ 5-O $7500 # 24 Rain Bird Dial Pressure Regulator 50 $ 5O $ # 25 Rain Bird 12" Pop Up Body Only SAM FRS 50 $ a0 $ I,Oft # 26 Rain Bird 6" Pop Up SAM PRS 50 $ as $ )a50 # 27 Rain Bird 1804 SAM PRS W/Van Nozzle 75 $ a S $ 1 b7S # 28 Rain Bird 1806 SAM PRS W/Van Nozzle 75 $'S $ W76 # 29 Rain Bird 1812 SAM PRS W/Van Nozzle 75 $ 3S $) f 75 # 30 Rain Bird 1" RCV GB- Series 10 $ I" $ Ii�rO # 31 Rain Bird 1 -112" RCV GB- Series 10 $ 150 $ ISM # 32 Rain Bird 2" RCV GB- Series 10 $ 1 YO $ 1 "13 Superior 3" Non Pressure Regulating Brass #33 Valve 2 $ FlBO $ 1600 # 34 Rain Bird 3/4" 3 -RC Quick Coupling Valve 10 $ SO $ SOD # 35 Rain Bird 1" 44 -RC Quick Coupling Valve 5 $ -7 S $ 375 # 36 Plastic / Rectangular RCV Box W/ Lid 50 $ 3Q $ (Sm # 37 Plastic / Round QCV Box W/ Lid 25 $ /0 $ 8S0 # 38 Rain Bird 1" Valve Replacement Diaphragm 25 $ 50 $ 1150 Rain Bird 1 -1/2" Valve Replacement # 39 Diaphragm 10 $ (oS $ 65� # 40 Rain Bird RCV Replacement Solenoid 20 $ 40 $ Yn Subtotal: $ ) 03j0o-0 PLANT MATERIAL (INSTALLED) Item # Description Estimated Unit Price Total Quantity a0 # 41 Annual Color 85 Flats Flat $ (.7M # 42 Ground Cover 100 Flats Flat $ I gW $ ) C) # 43 One (1) Gallon Shrub 1000 EA EA $ 1()10 0 Landscape Maintenance Services RFP Page 16 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach $�r # 44 Five (5) Gallon Shrub 1000 EA E$AAs #45 Fifteen (15) Gallon Shrub 100 EA EA $ $ /(z 3SC -00 SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): $ GRAND1 TOTAL BID AAMOUNT IN FIGURES (BASE BID CAND tEXTRA WORK COSTS) �C�,,'ln� GRAND TOTAL BID A UN IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Landscape Maintenance Services RFP Page 17 of 25 Subtotal: $ y3,0t -o TREES (INSTALLED) Item Description Estimated Unit Price Total # Quantity Twenty Four (24) Inch Box Tree W/ Stakes, $ A00 #49 Ties & 2 each, 3" X T Watering Tubes 80 EA EA $ MO Thirty Six (36) Inch Box Tree W/ Stakes, Ties $ y0'0 # 50 & 2 each, 3" X T Watering Tubes 4 EA EA 176' $ 1j (000 # 51 Foliar Insecticide Application 4 Per Tree $ EA $ %Cc) Subtotal: $ S X00 Item # Description Estimated Quantity Unit Price Total ' IS # 52 Rototill 5,000 SF S$F $ 750 Sp Soil Test 20 EA EA $ 1 /000 $ 1.00 Mechanical Trenching 500 LF LF $ -500 Subtotal: $ a Aso $ /(z 3SC -00 SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): $ GRAND1 TOTAL BID AAMOUNT IN FIGURES (BASE BID CAND tEXTRA WORK COSTS) �C�,,'ln� GRAND TOTAL BID A UN IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Landscape Maintenance Services RFP Page 17 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach Prevailing Wages, Minimum Wage and Overtime Labor Rates Each worker performing work under the Agreement shall be paid at a rate not less than the minimum wage and overtime rates required by California and federal law. Each worker performing work under the Agreement shall also be paid at a rate not less than the prevailing wage as defined in Labor Code Section 1770 et seq., including but not limited to, Sections 1771 and 1774. Prevailing wage information is available through the California Division of Industrial Relations ( "DIR ") web site online at: httpJ /www.dir.ca.gov /OPRL /statistics and databases.html. Copies of those prevailing rates of per diem wages are on file with the Recreation Department, and are available to any interested party upon request. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Landscape Maintenance Services. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one -half. For the purpose of this section of the agreement all work being performed is maintenance in nature. Please see below for description of work. Description Normal Business Rate Supervisor $ ya Irrigator $ 3S Laborer $ Ls- Emergency After -Hours Rate $ 60 cr $ s�50 $ 375= Bidders understand twenty -four (24) hours, seven days per week (including holidays) emergency response is required within one (1) hour of notification by City. New Construction Labor Rates For the purpose of this section of the agreement, all work would be considered new construction. This work might include but would not be limited to the installation of new irrigation, new plant material, trenching, backfill trenching and the installation of hardscape areas. All rates in this section would be included extra work outside of the maintenance agreement and would only be initiated by the City. All labor rates submitted in this section must be compliant with California Labor Code. Description Normal Business Rate Emergency After -Hour Rate Supervisor $ 75 -X $ � 1D-, SD Irrigator $ SC' 14 $ 75, a. Laborer $ 5;k' $ Landscape Maintenance Services RFP Page 18 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach Description of Work Supervisor — Skilled, experienced and competent in landscape maintenance field. The supervisor must be able to communicate clearly in writing and verbally with City Staff. Tasks include the supervision of laborer and irrigator staff in mowing, pruning, weeding, spraying and planting. The supervisor will be responsible to submit all maintenance schedules to the Recreation Manager and report all hazards that are found in the field. Irrigator — Irrigator will be responsible to perform services on the irrigation system including necessary testing and repairs. This work will be limited to the existing irrigation system that exists in the City and does not include installation of new irrigation. Laborer — Laborer will perform normal maintenance duties throughout the City such as mowing, watering, pruning, trimming, weeding, occasional planting, sweeping, blowing and janitorial work incidental to such landscape maintenance. Landscape Maintenance Services RFP Page 19 of 25 DEPARTMENT OF COMMUNITY SERVICESlRECREATION City of Seal Beach EXHIBIT "E" — Scope of Services Provide an explanation of the Scope of Services, including the following (1) Description of the management and members of the Landscape Maintenance Services team, including Site Supervisor designated by name; (2) List of all subcontractors; \ N wv� (3) Experience of each supervisor and team, (4) The amount of time to be allocated and availability of the Site Supervisor and other team members on a daily, weekly and monthly basis, (5) Bidder's understanding of the Landscape Maintenance Services, including scope of work, the methodology /concept to be applied and the approaches to be taken in accomplishing each task; and (6) Detailed schedule identifying all pertinent tasks, and the time required to complete each task. Attach additional sheets as needed. Landscape Maintenance Services RFP Page 20 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "F" — Litigation and Claims History For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any litigation or claims: a. By you against the owner *? Circle one: Yes E (`Owner' includes any public agency or private a tity for whom you performed work or services.) b. By the owner against you? Circle one: Yes No C. By any outside agengy-,or individual for labor compliance? Circle one: Yes Ltw d. By Subcontractors? Circle one: Yes e. Are any of these claims or actions unresolved or outstanding? Circle one Yes No If your answer is "yes" to any part or parts of this question, explain below. Attach additional sheets as needed. Landscape Maintenance Services RFP Page 21 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "G" — References [attach] Landscape Maintenance Services RFP Page 22 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "H" — Labor Code Compliance (Labor Code Sections 1720 et seq., 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, and 3700) The Contractor shall be subject to and shall agree to all of the following requirements 1. The Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit not more than two- hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations (see hftp:// www. dir. ca. gov/ OPRL /DPreWageDetermination.htm) for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Landscape Maintenance Services RFP Page 23 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor shall certify as follows: 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." r Landscape Maintenance Services RFP Page 24 of 25 Bond No. CMGB0000458 Bond Premium N/A BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE, PRESENTS that: WHEREAS the City of Seal Beach, has issued an invitation for bids for the work described as follows: Landscape Maintenance WHEREAS _ _ _ So Cal Land Maintenance, Inc. _ 3000 E. Coronado Street _ Anaheim, CA 92806 _ (Name and address of Bidder) ( "Principal "), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and Argonaut insurance Company _ __PO Box 469011, San Antonio, TX 78246 _c /oCMGIA =20335 Ventura Blvd.. Ste. 426,_Woodland.Hilis, CA.91364 _ (Name and address of Surety) ( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Ten Percent of Their Greatest Amount Bid Dollars ($ 10% ofG_ AB. --------------------------- --- _---- --------- ), being not less than ten percent (10 %) of the total — - "bill price, in law'fu I-money of "Ihc Cliiilul Shill. "siil Aincrica.for the jviymcnti>f wliiiai sum wclfandlrulo t2i be m3ili:, - -- we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. Page C- 17 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: January 18th, 2017 "Principal" (Seal) Surety" Argonaut Insurance Company 20335 Ventura Blvd., Ste. 426 By _ —` _. Its Gabri Ila By: Its (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. Page C- 18 Bond No.: CMGB0000458 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALA. MEN BY I'HESF. PRESENTS: 'f hat the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitnrc and appoint: i Gabriella firms, Shiln Lee Losino, Stephanie I lope Shear p { Their true and lawful agents) and attorney(s) -in -fact, each in their separate capacity if more than one is named ahove,;td make execute, seal and deliver for and na its hehalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $10,000,000.00 'fh is Power of Attorney is granted and is signed and sealed wider and by the authority of the to lowing Resolution adopted by the Board of Directors of Argonaut Insurance Company: - 'RESOLVED, [ hat the President, Senior Vice President, Vice President. Assistant Vice PresidenC Secretary, Treasurcr and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signaturc, which maybe attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attomcys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond underakings and contracts ofsuretyship, and to affix the corporate seal thereto." IN WI I NESS W HEREOF, Argonaut Insurance Company has caused itsplfficial`seal to be hereunto affixed and these presents to be signed by its duly authorized officer an the 18th day of July, 2013. Argonaut Insurance Company STATE OF TEXAS COUNTY OF IIARRIS SS: ' ,e s,15URArye,F �s j ;�eaYORIrF. O O SEAL.:Ig e red: Iwo �- y_ i Joshua C. Betz Senior Vice President On this IsIth day of July, 2013 A.D., before mega Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came 'I'HE AFIOV17 OFFICER OF THE COMPANY, tome personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer ofthe said Company aforesaid, and that the seal affixed ;to (he preceding instrument is the Corporate Seal ofsaid Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corpomlien, and that Resolution adopted by the Board of Directors ofsaid Ccan try, referred to in the preceding instrument is now in force. tr-I IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of f larris, the day and year First above written. KATHLEEN M MEHKB NOTARY FUBIIC y� STATE OF TEXAS MY COMM. EXP. 57- 153017 _k6h L. vi-n, qy�,Al to (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POW FR OF ATIORNFY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WI174ESS WHEREOF, I have hereunto set my hand, and affixed the Seal ofsaid Company, on the 18th day of January .2017 . c 1st ? ? "k 'A'CF'l i J:'ooNORi�F. g: O €SEAL'S` ��� red.. 1wa :r,3 . -- «!u,91`.•' Sarah Heineman VP- Onderwriling Surety THIS DOCUMEN"Jr IS NOT VAIAD UNLESS THE WORDS ARGO POWER ON ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTI IENTICITV OF THIS DOCUMENT CALL (210) 321 - 8400. 1. ' ,e s,15URArye,F �s j ;�eaYORIrF. O O SEAL.:Ig e red: Iwo �- y_ i Joshua C. Betz Senior Vice President On this IsIth day of July, 2013 A.D., before mega Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came 'I'HE AFIOV17 OFFICER OF THE COMPANY, tome personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer ofthe said Company aforesaid, and that the seal affixed ;to (he preceding instrument is the Corporate Seal ofsaid Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corpomlien, and that Resolution adopted by the Board of Directors ofsaid Ccan try, referred to in the preceding instrument is now in force. tr-I IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of f larris, the day and year First above written. KATHLEEN M MEHKB NOTARY FUBIIC y� STATE OF TEXAS MY COMM. EXP. 57- 153017 _k6h L. vi-n, qy�,Al to (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POW FR OF ATIORNFY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WI174ESS WHEREOF, I have hereunto set my hand, and affixed the Seal ofsaid Company, on the 18th day of January .2017 . c 1st ? ? "k 'A'CF'l i J:'ooNORi�F. g: O €SEAL'S` ��� red.. 1wa :r,3 . -- «!u,91`.•' Sarah Heineman VP- Onderwriling Surety THIS DOCUMEN"Jr IS NOT VAIAD UNLESS THE WORDS ARGO POWER ON ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTI IENTICITV OF THIS DOCUMENT CALL (210) 321 - 8400. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 : Cr. C. crcR,( i( �( YxY[ LIK: EfrY'. c. M.(. ff[ K'. Gf bcOS: C. M. M. t.` C[:( SCrc:( tc: Fn: C. c` C+ is�[ 1f�c: C. CC�,i'du,CR.`f�.c!+GG.f.N.[:R[: 027 C'.i:lkX•<%'F.C.p('•t2P.MFY`RYi A notary public or other officer completing this certificate verges 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 ,IAN 18 2017 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer Personally appeared GABRIELLA GRADY Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the Person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/herRheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person($), 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 Cal fomia that the foregoing paragraph is true and correct. IMY SHIRLEY011GLE11 WITNESS my hand and official seal. Notary public • Callfornit Loa Anpalaa County Commission • 21$5917 Signature Comm. Expires Sep 7.2026 Sig of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited fl General ❑ Individual ❑ Attorney in Fact ❑ Trustee Ll Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title($): ❑ Partner — ❑ Limited f7 General ❑ Individual O Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NafionalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) hem #5907 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 •.r.�ces.€oaocrcna�acne�cecr. <::<. �..,-.,: ros. �snecccrsorcc: ccr�crere: aoerv., ts.. erc�ctd2ecr. � .�ctx.�s+.z�r,¢nmr�e,rc:rcrar,, 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 IIA41414,Y ) On AF 117 before me, to Here Insert Name and Title of the Officer personally appeared .S'�� 44-4 -e t a. v os�rc -ria Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),ware subscribed to the within instrument and acknowledged to me that be /,Vq'e/they executed the same in hj6/h6r /their authorized capacity(ies), and that by pts/Rer /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A PEREZ Notary Public - C1I1forma • Orange County Commission # 2159622 My Comm. E1 I rtes Jul 1$. 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Individual U Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General C1 Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator • Other: Signer Is Representing: acw�waeyc>sc�,��x:+�•�. see, �cxuwror,: vexewztiu:; ?. x: �cz; �z, �c^ r�, v: �uecssr�ouv�c�sces .br�xtc�:.�;�s;�,r�a:�c;. 02014 National Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 REQUEST FOR PROPOSALS (RFP) FOR SEALBEACH LANDSCAPE MAINTENANCE SERVICES Mandatory pre - proposal conference: 10:00 a.m. on Thursday. January 12, 2017 RFP response deadline: 10:00 a.m. on Thursday, January 19, 2017 City of Seal Beach, City Hall 211 - 8th Street Seal Beach CA 90740 Department of Public Works 2nd Floor Attn: Tim Kelsey Recreation Manager Approved for advertising: Jim Basham Director of Community Services /Recreation Date Issued: December 22. 2016 TABLE OF CONTENTS SECTION I ............ ............................... ........................GENERAL INFORMATION SECTION II ......... ............................... .........................FORMAT OF PROPOSALS SECTION III............ REQUIRED PROPOSAL INFORMATION AND DOCUMENTS SECTION IV ..................................... ............................... LICENSES AND TAXES SECTIONV .................................. ............................... ......................INSURANCE SECTION VI ..............LABOR CODE COMPLIANCE AND PREVAILING WAGES SECTIONVII .............................................................. ............................... BONDS SECTION VIII .............................. ............................... CONFLICTS OF INTEREST SECTION IX ........... ............................... ..........................ANTI - DISCRIMINATION SECTION X ..................................... ............................... CLAIMS PROCEDURES SECTION XI .......... ............................... .......................PROPOSAL EVALUATION SECTION XII ............. EXAMINATION OF DOCUMENTS AND CITY FACILITIES SECTION XIII ........................ EXCEPTIONS /MODIFICATIONS /ALTERATIONS SECTION XIV ........................................... ............................... CONTRACT TERM SECTION XV ............................ ......................OVERSIGHT AND MANAGEMENT SECTION XVI . ............................... ......................TECHNICAL SPECIFICATIONS Request for Proposal Landscape Maintenance Services APPENDICIES EXHIBIT "A" — City Landscape Area Map EXHIBIT "B" — Sample City Agreement EXHIBIT "C" — Proposal to City of Seal Beach (Form) EXHIBIT "D" — Price Proposal EXHIBIT "E" — Scope of Services EXHIBIT "F" — Litigation and Claims History EXHIBIT "G" — References EXHIBIT "H" — Labor Code Compliance Request for Proposal Landscape Maintenance Services DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach I. GENERAL INFORMATION The City of Seal Beach is inviting proposals from qualified Landscape Contractors with the general items of work include mowing, aeration, mulching, turf maintenance, irrigation repair & timing, hand weeding, litter pickup, raking, plant maintenance, minor tree maintenance and hand watering (collectively, "Landscape Maintenance Services "), for a five -month term. General Responsibilities The selected Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary for the Landscape Maintenance Services. The equipment, supplies, and material shall be of good quality and in the amounts necessary to perform all Landscape Maintenance Services. The City's parks, medians, parkways, special districts, and buildings require Landscape Maintenance Services on a daily, weekly and /or monthly basis. The required services vary depending on each City Facility. The Landscape Maintenance Services include, but are not limited to, those technical services set out in Part XVI of this RFP, and the Sample Agreement included as Exhibit "B" to this RFP. City Facilities The selected Contractor shall furnish all necessary Landscape Maintenance Services at specified City parks, medians, parkways, special districts, and buildings, as outlined on Exhibit 'W', City Landscape Area Map. Mandatory Pre - proposal Conference A mandatory pre - proposal conference is scheduled for 10:00 a.m., Thursday, January 12, 2017, at the Seal Beach City Hall, Council Chambers, 211 8th St., Seal Beach, CA 90740. All prospective bidders must attend. A sign -in sheet will be provided to all prospective bidders. At this time the City will respond to all questions and address clarifications relative to the RFP process. Addenda Clarifications Any modifications made to this RFP by the City will be made in the form of a written addendum. No verbal modifications will be made. Modifications will be faxed to the numbers provided by the prospective bidders at the mandatory pre - proposal conference. Failure to provide such a facsimile number may result in late notification. The City does not guarantee that it will provide any information by facsimile. A bidder shall be responsible for all Addenda regardless of whether the bidder received any such fax, and a bidder shall have no recourse due to not receiving such facsimile. Submission of Proposals Sealed Proposals are due to the City Clerk's office, 211 8th St., Seal Beach, CA 90740, by 10:00 a.m., Thursday, January 19, 2017. Proposals received after this date and time will not be accepted and will be returned unopened to the bidder. Landscape Maintenance Services RFP Page 1 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach RFP Process /Timeline January 12, 2017 10:00 am Mandatory pre - proposal conference January 12, 2017 10:00 am Deadline to submit written questions to the City January 19, 2017 10:00 am Deadline: Proposals due to the Department of Public Works February 13, 2017 Tentative City Council Awards Contract February 2017 Begin Maintenance Services Reauests for Clarification or Interpretation Requests for clarification or interpretation of any portion of this RFP should be directed in writing to Tim Kelsey, Recreation Manager, and received no later than January 12, 2017. Any addendum to the RFP will be faxed to all prospective bidders to the fax numbers identified at the pre - proposal conference. For answers to questions or particulars regarding this RFP, all interested parties are to Mr. Kelsey as follows: Tim Kelsey, Recreation Manager Department of Community Services /Recreation 211 Eighth Street Seal Beach, CA 90740 tkelsev(d)seaI beach ca. aov (562) 431 -2527 ext. 1341 Pre - Contractual Expenses Expenses incurred as a result of completing this RFP are not to be included in computing the hourly cost of service. Expenses incurred prior to contract award are the sole responsibility of the proposing agency. Award; Resection of All Proposals The contract will be awarded, if at all, to the lowest responsible bidder. The City reserves the right to reject any and all proposals, and to waive any irregularities or informalities in any proposal or in the bidding, as deemed in its best interest. The City reserves the right to at any time accept or reject any and or all proposals received as a result of this RFP process or as a result of unanticipated loss of funding. Proprietary Information Each Proposal shall be retained for the City's official files and will become subject to the Public Records Act. II. FORMAT OF PROPOSALS Landscape Maintenance Services RFP Page 2 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach All Proposals shall be provided in an 8' /i' x 11" format and exclusive of any promotional materials. Pages should be sequentially numbered and organized with a table of contents for ease of reference. The original and 3 copies of the Proposal shall be submitted to the City Clerk's office no later than 10:00 a.m. on January 19, 2017. Proposals should at a minimum address the needs of the City as outlined in this RFP. Exhibits "C ", "D ", "E ", "F" and "G" shall be completed, and signed and dated by the person(s) authorized to bind the bidder, and returned as part of the Proposal. III. REQUIRED PROPOSAL INFORMATION AND DOCUMENTS The Proposal shall include all of the following information and documents: 1. Proposal for Landscape Maintenance Services to City of Seal Beach (Exhibit "C "), signed and dated by authorized representative(s) of the bidder. 2. Price Proposal (Exhibit "D "), completed in full. The Price Proposal shall include all tasks required to perform the work and other services, with a monthly fee for each location, total fee for each location, and a grand total not -to- exceed fee for the full term of the Agreement. Costs shall be all inclusive, including all overhead, materials, equipment, hourly labor rate, and all other miscellaneous direct and indirect costs. The scope of work provided in this RFP will be used as a guideline. It will be the selected bidder's responsibility to identify all necessary tasks and costs associated with the services and to ensure the project is completed in full compliance as required with Federal and State labor standards and regulations. The fees will be required to identify costs associated with providing all Landscape Maintenance Services. The selected bidder shall provide its services for the duration of the Agreement for the approved scope of work and fee. 3. The following description of the proposed Scope of Services (Exhibit "E "): a. A description of the management and members of the Landscape Maintenance Services team. A Site Supervisor is to be designated by name and may not be changed without prior written approval by the City. All subcontractors shall be identified. Experience should also be included for supervisor and team. b. The amount of time to be allocated and availability of the Site Supervisor and other team members on a daily, weekly and monthly basis. C. The bidder's understanding of the Landscape Maintenance Services, including scope of work, the methodology /concept to be applied and the approaches to be taken in accomplishing each task. Landscape Maintenance Services RFP Page 3 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach d. A detailed schedule identifying all pertinent tasks, the time required to complete each task. 4. The bidder shall provide information on any litigation or other claims arising out of work related to their services or their services projects for the last five (5) years. Please refer to Exhibit "F" ( "Litigation and Claims History"). 5. At least three (3) written references from current public agency clients utilizing the bidder's Landscape Maintenance Services. At a minimum these references should include a statement from the referring agency that demonstrates the ability of the bidder to provide Landscape Maintenance Services. The reference submittals should also identify a contact through which the City can conduct a telephone inquiry into the bidder's ability and qualifications to provide Landscape Maintenance Services. Please refer to Exhibit "G" ( "References "). IV. LICENSES AND TAXES The successful bidder and any subcontractor(s) must possess a current and valid California contractor's license(s) in the classification(s) required by law to perform the work as well as a City of Seal Beach Business License. (C -27 Landscape Contractor License). All taxes and licenses required for performance of the Landscape Maintenance Services shall be obtained at the sole expense of the contractor. V. INSURANCE Before the City executes an agreement, the selected bidder shall furnish the City with certificates of insurance evidencing Workers' Compensation Insurance, Comprehensive General Liability Insurance, Comprehensive Professional Liability Insurance and Automobile Liability Insurance with minimum limits and in compliance with all terms set forth in the Sample Agreement (Exhibit "B "). The City shall be named as the Additional Insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy as set forth in the Sample Agreement. VI. LABOR CODE COMPLIANCE INCLUDING PREVAILING WAGES In accordance with the Seal Beach Charter, Chapter 9.75 of the Seal Beach Municipal Code, and Labor Code Section 1770 et seq., this Agreement is a "public work". The selected bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the California Department of Industrial Relations ( "DIR ") regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Seal Beach Recreation Department, and are available to any interested party upon request. Copies of those rates are also on file with the DIR at: http://www.dir.ca.gov/0PRL/statistics—and—databases.htm1. Landscape Maintenance Services RFP Page 4 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. The Agreement and Landscape Maintenance Services performed thereunder are subject to compliance monitoring and enforcement by the DIR. The selected Contractor and any Subcontractors shall also be required to pay at least the minimum wage required by State law, and to comply with the California Labor Code and the regulations established by the U.S. Department of Labor, including but not limited to, all requirements set forth in Exhibit "H" ( "Labor Code Compliance "), to this RFP. VII. BONDS Each Proposal must be accompanied by either a certified or cashier's check, or a bidder's bond, executed by a corporate surety authorized to engage in such business in California, made payable to the City and in an amount not less than ten percent (10 %) of the total Proposal submitted. Personal or company checks are not acceptable. If the successful bidder neglects or refuses to enter into the contract, within the time specified in this RFP, the amount of the bidder's security shall be declared forfeited to the City to the extent provided by the City Charter and state law. Upon contract award, the selected bidder shall also provide a labor and materials (payment) bond in a sum equal to one hundred percent (100 %) of the total Contract Price. Any such bond must also be issued by a California- admitted surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. VIII. CONFLICTS OF INTEREST The selected bidder and its employees shall be required to comply with all applicable state and federal conflict of interest statutes and regulations, including, but not limited to, California Government Code Section 1090 and the Political Reform Act. IX. ANTI - DISCRIMINATION The selected bidder shall be required to affirmatively represent that it is an equal opportunity employer, and that Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap /disability, ancestry, sex, sexual orientation, age, or any other basis prohibited by state or federal law, including but not limited to, the California Fair Employment and Housing Act. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. The Contractor shall also require similar compliance by any Subcontractors. Landscape Maintenance Services RFP Page 5 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach X. CLAIMS RESOLUTION PROCEDURES The following claims resolution procedure applies to all public works contracts entered into on or after January 1, 2017, in accordance with Public Contract Code Section 9204 (Assembly Bill 626, Chapter 810, Statutes of 2016): After receiving a written claim, as defined, a public agency has 45 days to issue a written statement identifying the disputed and undisputed portions of the claim. If the public agency does not do so, the entire claim is deemed rejected. This time period may be extended by mutual agreement. The public agency must pay all undisputed portions of the claim within 60 days after providing the written statement. Unpaid claim amounts will accrue interest at seven percent per year. If it disagrees with the public agency's response, the contractor may demand an informal meet - and - confer conference, which the public agency must schedule within 30 days. Following the meet - and - confer, the public agency must issue a second statement identifying any disputed and undisputed portions of the claim and must pay all undisputed claims within 60 days. If disputed portions remain, the claim must be submitted to nonbinding mediation, with the cost shared equally by the public agency and the contractor. If mediation is unsuccessful, the remaining disputed portions will be subject to any other applicable procedures, including arbitration and litigation. Nothing herein modifies any other provision of the City Charter and /or state law applicable to the City with respect to claims relating to any public works contract entered into pursuant to this RFP. XI. PROPOSAL EVALUATION Consideration of the Proposals will be based on the following criteria Completeness of RFP Submittal Proposals submitted will be evaluated based upon their completion of all of the requested information and documentation contained in the text of the RFP and all attached exhibits. This should also include the company's portfolio, financial standing and insurance and bonding capability. (25 Points) References Written references submitted in compliance with Part III, above. (25 Points) Cost Effectiveness Cost effectiveness will be weighted based upon the agency's ability to provide a cost effective program as demonstrated in Exhibit "D" ( "Price Proposal ") of the RFP. (50 Points) Landscape Maintenance Services RFP Page 6 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach XII. EXAMINATION OF DOCUMENTS AND CITY FACILITIES Each bidder is solely responsible for thorough review of the Request for Proposal (RFP) Documents, attending the Mandatory Pre - Proposal Conference, and the examination of City Facilities, prior to submitting a Proposal. Please note that any areas and quantities noted are for information only. Bidders are responsible for inspecting the work locations and making their own area and quantity estimates. No allowances for cost adjustments will be made if a bidder fails to adequately examine the City Facilities before submitting a Proposal. XIII. EXCEPTIONS /MODIFICATIONS /ALTERATIONS No oral or telephone modifications of any Proposal, once submitted, will be considered. Modified Proposals may be submitted as long as the new Proposal is completed prior to the original deadline for submission of the Proposal. 1. The Proposal submitted must not contain any erasures and /or corrections. If any bidder makes any alteration, interlineations or deviation in any of the printed matter of the Proposal, or if the signature of the bidder is incomplete, the Proposal will be considered non - responsive and may be rejected. 2. Any bidder may withdraw its Proposal either personally, or by written request either by mail or facsimile, at any time prior to the scheduled closing time for the receipt of the Proposal. If no written request is received prior to the closing time for the Proposals, the Proposal shall be considered valid. XIV. CONTRACT TERM Service shall be initiated under the Agreement during the month of February 2017 and shall run through June 30, 2017, and may be extended an additional two years unless otherwise terminated pursuant to terms of the Agreement between the City and the Contractor for example, but not limited to, reasons of performance or unanticipated loss of funding. The Agreement may also be terminated without cause by the City upon thirty (30) days written notice to the Contractor. XV. OVERSIGHT AND MANAGEMENT Day to Day oversight of Contractor operations pursuant to this procurement will be managed by the City's Community Services /Recreation Department. The Community Services /Recreation Department will designate a Project Manager responsible to coordinate any activities pursuant to this project. XVI. TECHNICAL SPECIFICATIONS Landscape Maintenance Services RFP Page 7 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach Schedule of Work — The Contractor shall be responsible to provide the Recreation Manager a schedule of all work to be performed. This includes all scheduled mowing, trimming, weeding, spraying and pruning. Equipment — All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, and orderly manner and shall be in good working order at all times. All vehicles used by the Contractor must at all times bear identification signs that the Contractor is performing service for the City. Material — All material furnished by the Contractor shall be new, high grade and free of defects and imperfections. All material shall be approved in advance by the Recreation Manager. The Contractor shall secure, store and distribute all material as determined by the Recreation Manager. Workmanship — Work shall be performed by competent and experienced workers. All personnel working within the City shall be neat in appearance and in uniforms as approved by the Recreation Manager. All workers shall wear identification badges or patches. The Contractor shall maintain all work sites free of hazards to persons and /or property resulting for his /her operations. Any hazards condition noted by the Contractor that are not a result of work performed by the Contractor shall be noted to the Recreation Manager immediately. Weed Control — All weeds shall be removed upon sight. Planters, non - concrete walkways, sidewalks and planting beds shall be kept free of grass and weeds at all times. The Contractor shall be required to inspect all areas throughout the City daily to guarantee that weeds are removed from all walkways, sidewalks and planting beds at all times. Mowing — All turf grass shall be mowed to 1/3" rule where no more than 1/3 of the grass blade is removed during a single mow. All mowing schedules shall be approved by the Recreation Manager. All paper trash and debrief shall be removed from the mowing area prior to mowing beginning, and no paper trash or debrief shall be left on any turf upon completion of mowing. All turf area blades shall be kept below the height of 3 inches unless specified otherwise by the City. All turf shall inspected at least weekly to guarantee compliance. Edging — All turf grass borders shall be neatly and uniformly edged or trimmed on the same schedule as mowing operations unless otherwise specified by the Recreation Manager. Edging shall be inspected at least weekly at the same time that turf is inspected for mowing. Shrubs — All shrubs and hedges shall be pruned in such a manner that at all times they present a pleasing and natural appearance and do not obstruct the Landscape Maintenance Services RFP Page 8 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach vision from building windows or the vision of vehicles drivers. All shrubs, hedges and ground vegetation shall be maintained so that vegetation does not overgrow its designated growth pattern. All shrubs shall be inspected at least monthly to guarantee compliance. Irrigation — All irrigation shall be managed to most closely match the actual needs of the plant material with no runoff. The Contractor shall have the sole responsibility for management of the irrigation system. The Contractor is required to notify the Recreation Manager of any system failures or malfunctions within 12 hours of discovery. The Contractor shall be responsible to adjust sprinkler height to account for growth of plant material. Irrigation shall be inspected weekly or whenever the Contractor is on sight at a facility. Sand Area — All areas shall be maintained free of weeds, grass and debris and raked to be level at all times. These areas include tot lots, play areas and volleyball courts. They shall be inspected at least weekly. Hard Surface Areas — All areas shall be swept and remain neat, clean and safe at all times. These areas include walkways, tennis courts, basketball courts, handball courts and bicycle trails. Cracks shall be kept free of weeds and grasses and shall be inspected at least weekly. Landscape Maintenance Services RFP Page 9 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "A" — City Landscape Area Map Landscape Maintenance Services RFP Page 10 of 25 ,'fit 1 f� ri —ter. t. r_ N li OL S cu C Z _s. N CD 2 C m 3 U N a c Z p 3 .O. f4 T m m t m .7 O d z a a c� m O a a F U 0 . O a '? w.r j r � I � r �a g DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "B" — Sample City Agreement Landscape Maintenance Services RFP Page 11 of 25 EXHIBIT B — Sample Agreement PUBLIC WORKS AGREEMENT LANDSCAPE MAINTENANCE between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 [Contractor's Name] [Contractor's Address] [Contractor's Phone Number] This Agreement for Landscape Maintenance Services ( "the Agreement ") is made as of January _, 2017 (the "Effective Date "), by and between ( "Contractor "), a , and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 15 RECITALS A. City desires certain Landscape Maintenance Services ( "Services'). B. Pursuant to the authority provided by the Seal Beach Charter and Seal Beach Municipal Code, the City solicited proposals from qualified contractors experienced in the work needed to perform the Services. C. Contractor submitted a Proposal for performance of the Services, and City determined that Contractor was the lowest responsible bidder. D. City desires to engage Contractor to carry out the Services in the manner set forth herein and more fully described in Section 1. E. Contractor represents that it is fully qualified and able to carry out the Services contemplated by this Agreement in a good and professional manner; and it desires to perform the Services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Work 1.1. Contractor shall provide those tasks, work, and services (collectively "Work ") for performance of the landscape maintenance services, as set forth in Exhibit A (Request for Proposals dated ), and Exhibit B (Contractor Proposal, dated ) which are incorporated herein by this reference. 1.2. The complete agreement between the Parties includes this Agreement and Exhibit A and Exhibit B, attached hereto. The specific terms and conditions of this Agreement shall control and have precedence over any contradictory or inconsistent terms and conditions included in Exhibit A and Exhibit B, and shall be controlling in questions of interpretation. 1.3. Contractor shall perform and complete all Work under this Agreement on a timely, regular basis and in a good and workmanlike manner in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to the City. 1.4. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.5. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the 2of15 Scope of Services to be performed, including all City Facilities, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. 1.6. Contractor will not be compensated for any work performed not specified in the Scope of Work unless the City authorizes such work in advance and in writing. 2.0 Term The term of this Agreement shall commence as of the Effective Date and shall remain in full force and effect through and including 11:59 p.m. on 2017, unless previously terminated as provided by this Agreement. 3.0 Contractor's Compensation For performing and completing the Work in accordance with this Agreement, City will pay Contractor, in full compensation therefor, the amount.of $XXXXXX. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses, and any and all other things required, furnished or incurred for completion of the Work as specified in this Agreement. Contractor will not be compensated for any work performed not specified in the Scope of Work as defined in this Agreement unless the City authorizes such additional work in advance and in writing. Payment for additional work in excess of the City Manager's contracting authority requires prior City Council authorization. Any additional work authorized by the City pursuant to this Section will be compensated in accordance with the fee schedule and billing rates set forth in Exhibit B. 4.0 Method of Payment Contractor shall submit to City monthly invoices for all Work rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Work was performed and shall describe in detail the Work rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Work performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any federal or state payroll taxes or other taxes or deductions from any payments made by City to Contractor for Work performed under this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than thirty (30) days prior to the date of termination. 3of15 5.2. Notwithstanding Subsection 5.1, this Agreement may be terminated by City upon ten (10) days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of any insurance policy required by this Agreement at least 30 days before the expiration date of the previous policy(ies). 5.3. Notice of termination shall be given in accordance with Section 7. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. is Contractor's representative for purposes of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of were a substantial inducement for City to enter into this Agreement. Therefore, shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 - 8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Attn: 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Personnel Contractor has or shall secure, at its own expense, all personnel required to perform all Work under this Agreement. Any person who performs any of the Work 4of15 shall possess the qualifications, permits, and licenses required by State and local law to perform such Work. 9.0 Independent Contractor 9.1. Contractor is and shall at all times remain an independent contractor and not an employee of the City, and neither Contractor or any of its principals, directors, officers or employees are entitled to participate in any wages, salaries, pension plan, insurance, bonus or similar benefits that City provides for its employees. All Work provided pursuant to this Agreement shall be performed by Contractor or under its exclusive supervision, direction and control. Contractor will determine the means, methods, and details of performing the Work. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards. 9.2. Any personnel of Contractor performing Work under this Agreement on behalf of Contractor shall also not be employees or agents of City and shall at all times be under Contractor's exclusive supervision, direction and control. Contractor shall pay all wages, salaries, and other amounts due its personnel in connection with their performance of Work under this Agreement and as required by law. Contractor shall be responsible for all reports, withholdings, deductions and other obligations respecting such personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 9.3. To the fullest extent permitted by law, Contractor shall defend (with legal counsel acceptable to City), indemnify and hold harmless City and its elected and appointed officials, officers, employees, attorneys, agents, servants, designated volunteers, those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from or caused by Contractor's personnel practices or any negligent or willful act or omission of Contractor related to or arising out of this Section 9. In addition to any other remedies under this Agreement or law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure or refusal to promptly defend, indemnify and pay to City any defense costs, reimbursement or indemnification arising under this Section 9. 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Contractor is fully responsible to City for the performance of any and all subcontractors. 5of15 11.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 12.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Work and other matters covered under this Agreement, including but expressly not limited to, all Work performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Work provided in sufficient detail to permit an evaluation of all Work in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Work under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Work and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 13.0 Insurance 13.1. Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for bodily injury, death, personal injury, property damage and professional negligence which may arise from or in connection with the performance of the Work hereunder by Contractor, and its directors, officers, employees, agents, representatives, and subcontractors. 13.2. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance (or Errors and Omissions insurance). Contractor shall provide to City the standard form issued by the carrier. 6of15 than: 13.3. Minimum Limits of Insurance. Contractor shall maintain limits no less General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, death, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Professional Liability (or Errors and Omissions Insurance): $1,000,000 per claim /aggregate. 13.4. Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self- insured retentions except with respect to professional liability insurance. 13.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 13.5.1. City, its officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 13.5.2. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials. Any insurance or self - insurance maintained by City, its officers, officials, employees, servants, attorneys, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 7of15 13.5.3. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 13.5.4. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City, or 10 days' prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. 13.5.5. Each insurance policy, except for the professional liability policy (or errors and omissions policy), required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, servants, agents, attorneys, designated volunteers, those City agents serving as independent contractors in the role of City officials. 13.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 13.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before Work commences. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 14.0 Indemnification, Hold Harmless, and Duty to Defend 14.1. Indemnity for Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its officials, officers, attorneys, employees, agents, servants, designated volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees "), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively "Claims "), to the extent they arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, directors, employees, agents, servants, subcontractors, contractors or their officers, agents, employees or servants (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs 8of15 actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 14.2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services (as provided in Subsection 14.1), and to the fullest extent permitted by law, Contractor shall, at its own cost and expense, defend, hold harmless and indemnify the Indemnitees (as defined in Subsection 14.1) from and against any and all damages, claims, demands, causes of action, proceedings, judgments, injuries, liabilities, losses, liens, penalties, costs, and expenses, in law or equity, of any nature whatsoever, including but not limited to fees and costs of accountants, attorneys and other professionals, and all fees, costs and expenses associated therewith, and the payment of all consequential damages (collectively "Damages ") in law or in equity, whether actual, alleged or threatened, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Contractor or any of its officers, directors, employees, subcontractors, materialmen, suppliers, contractors, or agents, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, except for Damages arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including but not limited to all attorneys' fees and experts' costs actually incurred in connection therewith. Contractor's duty to defend pursuant to this Subsection 14.2 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. 14.3. Contractor's defense, hold harmless and indemnification obligations under this Section 14 or any other provisions of this Agreement shall not be restricted to insurance proceeds, if any, received by Contractor, the City or any of the other Indemnitees as defined in Subsection 14.1. 14.4. All duties and other covenants of Contractor under this Section 14 shall survive termination of this Agreement. 15.0 Security 15.1. Prior to the City's execution of this Agreement, Contractor shall provide City with Security in an amount equal to one hundred percent (100 %) of the Contractor's Compensation as set forth above in Section 3. The security shall be issued by a bonding company licensed to issue bonds in the State of California and having a Best rating of AAA. With this security, the form of which shall be subject to City Attorney's prior approval, the Contractor guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Contractor. If the term of the Agreement is extended, the Contractor shall 9of15 automatically increase the amount of such security by an amount equal to ten percent (10 %) of the deposited security every year, subject to the provision that the Public Works Director may at any time determine that a greater increase in the amount of the security is necessary due to a greater increase in the cost of construction of the Work. In such event, the Contractor shall provide the additional security within thirty (30) days after receiving demand and justification therefor. 15.2. If the security is a corporate surety bond and, in the opinion of the City, any surety or sureties thereon become insufficient, because (1) the surety becomes insolvent; (2) the surety's bond rating is downgraded; (3) the surety declares bankruptcy; or (4) the surety is no longer deemed to be an admitted surety in California by the California Department of Insurance, the Contractor shall renew or replace any such surety bond with good and sufficient surety or sureties within thirty (30) days after receiving from City written demand therefor. 15.3. The security, in a form accepted by the City Attorney, shall be submitted to the Public Works Director and then kept on file with the City Clerk. If a corporate surety bond is replaced by another approved bond, the replacement shall be submitted to the Public Works Director and, upon filing with the City Clerk, shall be deemed to have been made a part of and Incorporated into this Agreement. Upon submission to the Public Works Director and then filing with the City Clerk of a replacement bond, the former security shall be released, following written approval of the Public Works Director. 15.4. Security securing the payment to the Contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all stop notice claimants for whom stop notices have been filed with the City, and if no claims have been filed, the security shall be released in full. 16.0 Conflict of Interest 16.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 16.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for 10 of 15 Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 16.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any Interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest' under applicable laws as described in this Subsection. 17.0 Suspension City may, in writing, order Contractor to suspend all or any part of the Work for the convenience of the City or for work stoppages beyond the control of City or Contractor. A suspension of the Work does not void or terminate this Agreement. 18.0 Nondiscrimination and Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, disability, ancestry, sex, sexual orientation, age or any other basis prohibited by federal or state law. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 19.0 Safety Requirements All Work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Work. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to City any hazardous condition noted by Contractor. 20.0 Labor Code Compliance Certification [Labor Code Sections 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] 20.1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor 11 of 15 Code relating to public works and the City and agrees to be bound by all the provisions thereof as though set forth in full herein. 20.2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 20.3. Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit not more than two - hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the California Director of Industrial Relations (see http: / /www.dir.ca.gov /OPRL /statistics and databases.html) for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. 20.4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 20.5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 20.6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 20.7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance 12 of 15 of the work of this contract." 21.0 Permits and Licenses Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates as may be required in connection with the performance of the Work under this Agreement, including, without limitation, a City of Seal Beach business license as may be required by the Seal Beach Municipal Code. 22.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance. 23.0 Entire Agreement This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior oral and written negotiations, understandings, representations, or agreements. This Agreement may only be modified by a writing signed by both Parties. 24.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 25.0 Governing Law; Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement shall be resolved in the superior court or federal court with geographic jurisdiction over the City. 26.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 27.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. in no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and 13 of 15 the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 28.0 Attorneys' Fees If a Party commences any litigation or other action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party all of its reasonable attorneys' fees and other costs incurred in connection therewith. 29.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 30.0 Corporate Authority The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provisions of this Agreement. (Intentionally Left Blank) 14 of 15 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONTRACTOR: M Attest: Jill R. Ingram, City Manager By: Name: Its: By: Robin L. Roberts, City Clerk Name: Approved as to Form: 0 Craig A. Steele, City Attorney Its: 15 of 15 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "C" — Proposal to City of Seal Beach for Landscape Maintenance Services TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as Bidder, declares that: (1) this Proposal is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including the Request for Proposals and all Addenda) and City Facilities; and (3) has attended the Mandatory Pre - Proposal Conference and Walk -Thru of City Facilities; and (4) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Landscape Maintenance Services and related work to be performed, and the materials and equipment to be furnished. Furthermore, the undersigned agrees that submission of this Proposal (including Exhibits "C ", "D ", "E ", "F" and "G ") shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Agreement be awarded to it, to execute the Agreement with the City of Seal Beach to perform the Landscape Maintenance Services in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated monthly fees and unit prices or lump -sum prices as submitted on the Proposal herein. Accompanying this Proposal is a certified or cashier's check, or a Bid Bond, in an amount equal to at least ten percent (10 %) of the total aggregate Proposal price based on the Landscape Maintenance Services quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the contract and thereafter fail or refuse to execute the Agreement and provide the required evidence of insurance and Labor and Materials Bond within fifteen (15) days after delivery of the Agreement to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. The undersigned possesses California Contractor's License Number Class , which expires on Bidder's Name: Signature: Date: Print Name: Print Title: Signature: Date: Print Name: Print Title: Landscape Maintenance Services RFP Page 12 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "D" — Price Proposal Prevailing wages are required on this contract. Parks Acre Monthly Cost Total Cost Almond Park 1.8 Arbor Park 11 Aster Park .8 Bluebell Park 1.3 Corsair Park •3 Edison Park 17.2 Eisenhower Park 1.5 Electric Green Belt 8.4 Heather Park 1.6 Marina Park 1.5 Schooner Park 1.5 Windsurf Park 1.1 Zoeter Green Belt 1.2 Zoeter Field 1.8 MPdiana I ineal Fact Monthlv Cost Total Cost 1st Street 1,650 4th Street Traffic Circle 900 Lampson Ave 5,200 Marina Drive 300 PCH 3,184 SB Blvd (S. North Gate) 4,325 SB Blvd (s. Westminster) 2,300 SB Blvd (s. Adolfo Lopez) 2,121 Sb Blvd (s. Bolsa) 875 SB Blvd (s. PCH) 220 Westminster 1,400 Parkways Lineal Feet Monthly Cost Total Cost Almond Ave 5,000 Balboa Ave 600 BeIsa Ave 3,020 Landscape Maintenance Services RFP Page 13 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach Catalina Ave 736 1st Street 700 Lampson Ave 7,400 Main Street 3,028 Marina Dr 1,360 Ocean Ave 250 Ocean Bulb Outs 3,290 PCH (N. SB Blvd) 1,530 PCH (15t- 5th) 600 SB Blvd (E PCH) 1,400 SB Blvd (E North Gate Rd) 4,000 Special Districts Lineal Feet Monthly Cost Total Cost SB Blvd (Old Ranch - Plymouth) 4,200 Lampson Median 600 SB Blvd Parkway 800 LampsonPkwlsBBlvd - sera 2,500 SB Blvd Pkw(Lampson - Plymouth) 2,600 Bridgeport Entry 1000 CPE Entry (candleberry) 200 CPE Entry (Heather) 200 CPE Entry (Rose) 400 CPE Entry ITmlp) 400 SB Entry Sign Lampson 2,176 SB Entry Sign N. Gate Rd 15,000 CPW Entry 4,000 College Park Dr Median 180 2nd St Entry Sign 5,500 Buildings Square Feet Monthly Cost Total Cost 8th St Parking Lot 19,200 Pier Restroom Planters 200 Beverly Manor Reservoir 6,680 Fire station 48 53,800 Lampson Well 1,360 City Hall 7,400 Mary Wilson Library 20,700 Fire Station 44 8,800 Main St & Electric Parking 33,000 Landscape Maintenance Services RFP Page 14 of 25 Beach Main St 100 Block Parking 16,300 Total Quantity Marina Community Center 20,000 20 $ Police Department 33,500 $ $ Pump Station (SO Blvd & Electric) 4,300 $ 50 SBTC 254,000 50 $ NSBC 7,700 $ $ Hardscape Lineal Feet Monthly Cost Total Cost North Gate Road 3,600 Total Quantity North Gate Bike Trail 2,500 20 $ Lampson 10,400 $ $ 1st Street 2,000 $ 50 Main Street 3,600 50 $ Landing Ave 2,456 $ $ PCH 1,450 $ SB Blvd 1,400 Westminster(SB Blvd -cry Limits) 10,500 Westminster)sBBlvd - LB) 3,700 Bolsa Ave 1,100 SUBTOTAL BASE MAINTENANCE ANNUAL COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): EXTRA WORK BID SCHEDULE In the blanks provided, fill in the unit price to furnish the time and materials including all labor, materials, equipment, work and methods necessary to complete the work and all applicable sales and use taxes. Irrigation Heads and Associated Repair Parts Item Description # 1 Hunter 1 -40 Pop Up # 2 Hunter 1 -25 Pop Up # 3 Hunter 1 -20 Pop Up # 4 Hunter PGP ADJ Pop Up # 5 Hunter Ultra 4" P/U RTR ADJ SS CK VLV # 6 Hunter Ultra 4" P/U RTR ADJ SS CK VLV # 7 Hunter Ultra 4" ADJ SS CK VLV Landscape Maintenance Services RFP Page 15 of 25 Estimated Unit Price Total Quantity 20 $ $ 100 $ $ 250 $ $ 50 $ $ 50 $ $ 50 $ $ 50 $ $ DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach # 8 Hunter 4" ADJ Rotor Pop Up 50 $ $ # 9 Hunter 4" ADJ Rotor Pop Up w/ Blue Nozzle 50 $ $ #10 Hunter 12" Spray Pop Up Body Only 50 $ $ # 11 Hunter 1" Plas RCV w/ Flow Cntrl 50 $ $ # 12 Rain Bird 2" RCV Brs 50 $ $ # 13 Rain Bird 1 -1/2 " RCV Brs 50 $ $ # 14 Rain Bird 1" RCV Brs 50 $ $ # 15 Rain Bird 2" RCV Brs 50 $ $ # 16 Rain Bird 1 -1/2 " RCV Plas 50 $ $ # 17 Rain Bird 1" RCV Plas 50 $ $ # 18 Rain Bird Diaphragm Assembly - 200G /EFA 50 $ $ # 19 Rain Bird Diaphragm Assembly - 150G /EFA 50 $ $ Rain Bird Diaphragm Assembly - 75/100 # 20 EFA/EFB 50 $ $ # 21 Rain Bird Diaphragm Assembly 150/200 FEB 50 $ $ # 22 Rain Bird Diaphragm Assembly 10OPE 50 $ $ # 23 Rain Bird Solenoid Assembly - EFB /PEB /PGA 50 $ $ # 24 Rain Bird Dial Pressure Regulator 50 $ $ # 25 Rain Bird 12" Pop Up Body Only SAM PRS 50 $ $ # 26 Rain Bird 6" Pop Up SAM FIRS 50 $ $ # 27 Rain Bird 1804 SAM FIRS W/Van Nozzle 75 $ $ # 28 Rain Bird 1806 SAM FIRS W/Van Nozzle 75 $ $ # 29 Rain Bird 1812 SAM FIRS W/Van Nozzle 75 $ $ # 30 Rain Bird 1" RCV GB- Series 10 $ $ # 31 Rain Bird 1 -1/2" RCV GB- Series 10 $ $ # 32 Rain Bird 2" RCV GB- Series 10 $ $ Superior 3" Non Pressure Regulating Brass # 33 Valve 2 $ $ # 34 Rain Bird 3/4" 3 -RC Quick Coupling Valve 10 $ $ # 35 Rain Bird 1" 44 -RC Quick Coupling Valve 5 $ $ # 36 Plastic / Rectangular RCV Box W/ Lid 50 $ $ # 37 Plastic / Round QCV Box W/ Lid 25 $ $ # 38 Rain Bird 1" Valve Replacement Diaphragm 25 $ $ Rain Bird 1 -1/2" Valve Replacement # 39 Diaphragm 10 $ $ # 40 Rain Bird RCV Replacement Solenoid 20 $ $ Subtotal: $ PLANT MATERIAL (INSTALLED) Item Description Estimated Unit Price Total # Quantity # 41 Annual Color 85 Flats Flat $ # 42 Ground Cover 100 Flats Flat $ # 43 One (1) Gallon Shrub 1000 EA EA $ Landscape Maintenance Services RFP Page 16 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach # 44 Five (5) Gallon Shrub 1000 EA EA $ #45 Fifteen (15) Gallon Shrub 100 EA EA $ SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): GRAND TOTAL BID AMOUNT IN FIGURES (BASE BID AND EXTRA WORK COSTS) GRAND TOTAL BID AMOUNT IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Landscape Maintenance Services RFP Page 17 of 25 Subtotal: $ TREES (INSTALLED) Item Description Estimated Unit Price Total # Quantity Twenty Four (24) Inch Box Tree W/ Stakes, $ # 49 Ties & 2 each, 3" X S Watering Tubes 80 EA EA $ Thirty Six (36) Inch Box Tree W/ Stakes, Ties $ # 50 & 2 each, 3" X T Watering Tubes 4 EA EA $ # 51 Foliar Insecticide Application 4 Per Tree EA $ Subtotal: $ Item Description Estimated Unit Price Total # Quantity # 52 Rototill 5,000 SF SF $ Soil Test 20 EA EA $ Mechanical Trenching 500 LF LF $ Subtotal: $ SUBTOTAL EXTRA WORK COST IN FIGURES (BASED ON BID SCHEDULE TOTAL OF ANNUAL PRICES): GRAND TOTAL BID AMOUNT IN FIGURES (BASE BID AND EXTRA WORK COSTS) GRAND TOTAL BID AMOUNT IN WORDS (BASE BID AND EXTRA WORK COSTS) IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Landscape Maintenance Services RFP Page 17 of 25 DEPARTMENT OF COMMUNITY SERVICESIRECREATION City of Seal Beach Prevailing Wages, Minimum Wage and Overtime Labor Rates Each worker performing work under the Agreement shall be paid at a rate not less than the minimum wage and overtime rates required by California and federal law. Each worker performing work under the Agreement shall also be paid at a rate not less than the prevailing wage as defined in Labor Code Section 1770 et seq., including but not limited to, Sections 1771 and 1774. Prevailing wage information is available through the California Division of Industrial Relations ( "DIR ") web site online at: htto: / /www.dir.ca.gov /OPRL /statistics and databases.html. Copies of those prevailing rates of per diem wages are on file with the Recreation Department, and are available to any interested party upon request. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Landscape Maintenance Services. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one -half. For the purpose of this section of the agreement all work being performed is maintenance in nature. Please see below for description of work. Description Normal Business Rate Emergency After -Hours Rate Supervisor $ $ Irrigator $ $ Laborer $ $ Bidders understand twenty -four (24) hours, seven days per week (including holidays) emergency response is required within one (1) hour of notification by City. New Construction Labor Rates For the purpose of this section of the agreement, all work would be considered new construction. This work might include but would not be limited to the installation of new irrigation, new plant material, trenching, backfill trenching and the installation of hardscape areas. All rates in this section would be included extra work outside of the maintenance agreement and would only be initiated by the City. All labor rates submitted in this section must be compliant with California Labor Code. Description Normal Business Rate Emergency After -Hour Rate Supervisor $ $ Irrigator $ $ Laborer $ $ Landscape Maintenance Services RFP Page 18 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach Description of Work Supervisor — Skilled, experienced and competent in landscape maintenance field. The supervisor must be able to communicate clearly in writing and verbally with City Staff. Tasks include the supervision of laborer and irrigator staff in mowing, pruning, weeding, spraying and planting. The supervisor will be responsible to submit all maintenance schedules to the Recreation Manager and report all hazards that are found in the field. Irrigator — Irrigator will be responsible to perform services on the irrigation system including necessary testing and repairs. This work will be limited to the existing irrigation system that exists in the City and does not include installation of new irrigation. Laborer — Laborer will perform normal maintenance duties throughout the City such as mowing, watering, pruning, trimming, weeding, occasional planting, sweeping, blowing and janitorial work incidental to such landscape maintenance. Landscape Maintenance Services RFP Page 19 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "E" - Scope of Services Provide an explanation of the Scope of Services, including the following: (1) Description of the management and members of the Landscape Maintenance Services team, including Site Supervisor designated by name; (2) List of all subcontractors; (3) Experience of each supervisor and team; (4) The amount of time to be allocated and availability of the Site Supervisor and other team members on a daily, weekly and monthly basis; (5) Bidder's understanding of the Landscape Maintenance Services, including scope of work, the methodology /concept to be applied and the approaches to be taken in accomplishing each task; and (6) Detailed schedule identifying all pertinent tasks, and the time required to complete each task. Attach additional sheets as needed. Landscape Maintenance Services RFP Page 20 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "F" — Litigation and Claims History For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any litigation or claims: By you against the owner *? Circle one: Yes No (* "Owner" includes any public agency or private entity for whom you performed work or services.) b. By the owner against you? Circle one: Yes No C. By any outside agency or individual for labor compliance? Circle one: Yes No By Subcontractors? Circle one: Yes No e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes No If your answer is "yes" to any part or parts of this question, explain below. Attach additional sheets as needed. Landscape Maintenance Services RFP Page 21 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "G" — References [attach] Landscape Maintenance Services RFP Page 22 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach EXHIBIT "H" — Labor Code Compliance (Labor Code Sections 1720 et seq., 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, and 3700) The Contractor shall be subject to and shall agree to all of the following requirements 1. The Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit not more than two- hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations (see http:// www. dir. ca. gov/ OPRL /DPreWageDetermination.htm) for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Landscape Maintenance Services RFP Page 23 of 25 DEPARTMENT OF COMMUNITY SERVICES /RECREATION City of Seal Beach 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor shall certify as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Landscape Maintenance Services RFP Page 24 of 25