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9/21/2021 - ITEM 7 - CONSIDERATIN OF AGREEMENT FOR LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANSAGENDA ITEM NO. 7 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: September 21, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF AGREEMENT FOR LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHT-OF-WAYS, COMMERCIAL ZONES, PARKWAYS, AND OTHER AREAS 11=41I u7�IuI�I►1I W"Z It is staffs recommendation that the City Council take the following action: 1. Authorize the City Manager to negotiate and execute an agreement with Mariposa Landscapes, hic., in the total amount of $1,718,810 ($343,762 annually) for a three (3) year term with the option to renew for two (2) one-(1) year terns to provide landscape maintenance of citywide medians, right-of-ways, commercial zones, sidewalks, tree wells, and other areas. 2. Approve the following resolution: RESOLUTION NO.2021-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS AND RIGHT-OF- WAYS, COMMERCIAL ZONES, PARKWAYS AND OTHER AREAS). BACKGROUND: Mariposa Landscapes, Inc. has been providing landscaping services to the City of West Covina since November 1999. Their landscape maintenance services consist maintenance of 104 medians and right-of- ways, 13 commercial zones, 21 tree wells, and 15 freeway right-of-ways, underpasses and overpasses. In February 2005, the City Council extended Mariposa Landscape, Inc.'s contract by another five (5) years with no increase in contract amount. In December 2010, the City issued a Request for Proposals (RFP) for these services and Mariposa Landscape, Inc. submitted the lowest responsible bid at an annual contract amount of $181,304 that expired December 2015. On February 2, 2016, staff recommended and City Council award a new contract for an initial term of five (5)- years, with three (3) one (1) year extensions for an annual amount of $211,840. The approved amount in the report was $1,059,200 which did not include the three (3) one (1) extensions which would have brought up the contract total to $1,694,720. As such, at the time of renewal in February 2021, the City was not able to extend the contract. Staff was directed to do an RFP for the landscaping services. In order to ensure no lapse in services, on February 2, 2021, City Council authorized the City Manager to enter into a month -to -month agreement at the then -current monthly rate of $16,320. DISCUSSION: To ensure the City's effort to competitively bid all contract services and select the most qualified firm, the City Council at the February 2, 2021 meeting directed staff to issue a new RFP for landscape maintenance services. The scope of services includes the existing citywide medians, right-of-ways, commercial zones, sidewalks, tree wells, and other areas included in the previous contact, but also added additional services including weed abatement on all commercial right-of-ways, increasing the scope of tree well maintenance, City property along the wash areas, in addition to formalizing the requirements of the City. The scope of services was amended to provide a more comprehensive level of landscape maintenance services for the City. To be in compliance with Department of Industrial Relations (DIR) requirements, the City's Engineering Consultant, Transtech, created and managed the RFP process. On June 9, 2021, the RFP was advertised, sent out to subscribers to through the City's RFP e-notification system, and made available for download from the City's third -party website, Planet Bids. A mandatory pre -proposal meeting was held on June 23, 2021 and was attended by 10 landscape maintenance contractors. On July 1, 2021, two proposals were received from the following firms. Vendor Name Location ee Proposal (Annually) Mariposa Landscapes, Inc. Irwindale, CA IS343,762 Merchants Landscape Services, Inc. Santa Ana, CA 1$387,596 Mariposa Landscapes, Inc. submitted the most comprehensive proposal with relevant experience and a cost- effective fee to meet the City's standards and required level of service. Throughout the duration of the present contract Mariposa Landscape, Inc. has provided services that have met and or exceeded contract specifications. Mariposa Landscapes, Inc. currently provides similar services since 1989 to the cities of Tustin and Rancho Cucamonga and Arcadia, Santa Ana and Newport Beach, since 2013, 2014 and 2016, respectively. Staff is recommending that the City Council authorize the City Manager to execute an agreement with Mariposa Landscapes, Inc. in the total amount of $1,718,810 ($343,762 annually) beginning November 1, 2021, for a three (3) year term with the option to renew for two (2) one-(1) year terms to provide landscape maintenance of citywide medians, right-of-ways, commercial zones, sidewalks, tree wells, and other areas. LEGAL REVIEW: The City Attorney's Office has reviewed the agreement and resolution and approved them as to form. OPTIONS: The City Council has the following options: 1. Adopt staff's recommendation; or 2. Provide alternative direction. Fiscal Impact FISCAL IMPACT: If approved, the contract is to begin on November 1, 2021. The maximum budget impact in Fiscal 2021-22 will be $234,960. There is currently $191,000 available in the budget. An additional $44,000 is needed in Gasoline Tax Fund (Account No. 124.61.4141.6130) for the remainder of the Fiscal Year. Attachments Attachment No. 1 - Agreement with Mariposa Landscapes, Inc. Attachment No. 2 - Resolution No. 2021-97 Attachment No. 3 - Exhibit A - BA016 - Gasoline Tax CITY Maintain and Enhance City Facilities and Infrastructure COUNCIL GOALS & OBJECTIVES: ATTACHMENT NO. 1 CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH MARIPOSA LANDSCAPES, INC. FOR LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHT-OF-WAYS, COMMERCIAL ZONES. SIDEWALKS. TREEWELLS AND OTHER AREAS THIS AGREEMENT is made and entered into this 21st day of September, 2021 ("Effective Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and MARIPOSA LANDSCAPES, INC., a California corporation ("Contractor'). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Contractor as an independent contractor to City to provide landscape maintenance of citywide medians, right-of-ways, commercial zones, sidewalks, tree wells, and other areas, as more fully described herein; and B. WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, except that if Contractor is required to but does not yet hold a City business license, it will promptly obtain a business license and will not provide services to the City until it has done so; and C. WHEREAS, City and Contractor desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. E. WHEREAS, Contractor responded to the City's Request for Proposals dated June 9, 2021, incorporated via this reference as if fully set forth herein, and Contractor's response to the Request for Proposals was a material inducement to the City ultimately entering into this agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONTRACTOR 1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Contractor to comply with this section. 1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Contractor to review the quality of the work and resolve the matters of concern; (b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.5. Prevailing Wage Requirements. (a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 at seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. This project is a "public works" project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). Mariposa Landscapes, Inc. Form Revised November 2020 (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor's or any subcontractor's employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code. (d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5. (e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR. 1.6. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code. 1.7. Non -Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Mariposa Landscapes, Inc. Form Revised November 2020 Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.8. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 1.9. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule"). Contractor's total compensation shall not exceed One Million Seven Hundred Eighteen Thousand Eight Hundred Ten Dollars ($1,718,810.00). Contractor's annual compensation shall not exceed Three Hundred Forty -Three Thousand Seven Hundred Sixty -Two Dollars ($343,762.00). City will pay Contractor Twenty Seven Thousand Two Hundred One Dollars ($27,201.00) per month as set forth in Exhibit B. 2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor's Proposal unless the City, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon the Contractor's standard hourly rates shall be paid to the Contractor for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or to the maximum total contract amount of $25,000, whichever is greater. The Department Head or City Manager is authorized to approve a Change Order for such additional services. 2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the 4 Mariposa Landscapes, Inc. Form Revised November 2020 associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence on November 1, 2021 ("Service Commencement Date"). Said services shall be performed in strict compliance as detailed in the Scope of Services approved by City as set forth in Exhibit A. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. The term of this Agreement shall commence on the Service Commencement Date and continue for a period of three (3) years, ending on October 31, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be extended for a maximum of two (2) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. Mariposa Landscapes, Inc. Form Revised November 2020 The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Contractor, if the latter should: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; C. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement; e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City's written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Contractor, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best's rating of no less than A:VII, and approved by City: (a) Broad -form commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned 6 Mariposa Landscapes, Inc. Form Revised November 2020 vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per accident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Contractor certifies as follows: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work. The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retroactivity date shall be prior to the start of the work set forth herein. Contractor shall obtain and maintain said E&O liability insurance during the life of this Agreement and for five (5) years after completion of the work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement, Contractor shall purchase "extended reporting" coverage for a minimum of five (5) years after completion of the work. If the Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions: Mariposa Landscapes, Inc. Form Revised November 2020 (a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Contractor's insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The 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. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement. Mariposa Landscapes, Inc. Form Revised November 2020 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Key Personnel. It is the intent of both parties to this Agreement that Contractor shall make available the professional services of David Hall, Vice President of Business Development, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City's Representative. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONTRACTOR: Mariposa Landscapes, Inc. 6232 Santos Diaz Street Irwindale. CA 91702 Tel: (626) 610-2730 Fax: (626) 960-8477 Email: david.hall@mariposa-ca.com Attn: David Hall IF TO CITY: City of West Covina 1444 West Garvey Ave. South West Covina, CA 91790 Tel: (626) 939-8853 Fax: (626) 939-8660 Email: MCresap@westcovina.org Attn: Mike Cresap 6.5. Attorneys' Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto Mariposa Landscapes, Inc. Form Revised November 2020 agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. 6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. 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 to promptly pay to City any reimbursement or indemnification arising under this paragraph. 10 Mariposa Landscapes, Inc. Form Revised November 2020 6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents. 6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. 6.14. Economic Interest Statement. Contractor hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City, Contractor is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager. 11 Mariposa Landscapes, Inc. Form Revised November 2020 6.15. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Contractor covenants that none of Contractor's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement. 6.16. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 12 Mariposa Landscapes, Inc. Form Revised November 2020 6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.25. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 6.27. Taxpayer Identification Number. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service. [SIGNATURE PAGE FOLLOWS.] 13 Mariposa Landscapes, Inc. Form Revised November 2020 CITY OF WEST COVINA, A municipal corporation Date David Carmany City Manager CONTRACTOR Date Signature Terry Noriega President ATTEST Lisa Sherrick Assistant City Clerk APPROVED AS TO FORM: Date Thomas P. Duarte City Attorney Date: Helen Tran Human Resources and Risk Management Director 14 Mariposa Landscapes, Inc. Form Revised November 2020 EXHIBIT A SCOPE OF SERVICES LOCATION SCHEDULE A. MEDIANS / PARKWAY / TREE WELLS / SIDEWALKS / RIGHT OF WAYS / WALLS, FENCES / OTHER AREAS General Scope of Service for the following areas include but are not limited to furnish all labor, equipment, materials and supervision to perform all landscape maintenance, weed control and abatement, and brush abatement. All side and overhead vegetation removal for sidewalk tree suckers, tree wells, walls, and fences for pedestrian, or roadway vehicle clearance. Trash collection and removal, sweeping, debris clean up, and disposal of all collected materials. Irrigation both manual and automatic and repair of all systems. Exact locations need not be listed. Regarding walls/fences to the rear or side of a private property or a commercial property with a sidewalk will be kept clear of vegetation for pedestrian clearance, to the side and overhead, and any non -maintained Right of ways, weed abated. Exact locations need not be listed. 1. Amar Road — From Shadow Oak Drive west 800 linear ft. along block wall; sidewalk and 18 tree wells on south side. (0.2) (M-1) 2. Amar Road — Right of ways, north side; from Lark Ellen west to Commercial area at Valinda Avenue; 1,300 linear ft. along block wall; sidewalk and tree wells. (0.4) Mile. (M- 2) 3. Amar Road — Right of ways, sidewalk approximately 15-ft. deep area 825 linear ft. along block wall at Rolling Wood Apartment Complex. (M-3) 4. Amar Road Median — From Azusa Avenue West to Brentwood Dr. Landscape, hardscape. Weeds, trash, debris. (0.22) Mile in length. (M-4) 5. Amar Road Median — From Azusa east to Westport. Landscape, hardscape. - (0.9) miles (M-5), 71,280 square feet 6. Amar Road Median — From Westport east to City Limits @ Magdalena Drive. (1)-mile planted and non -planted. (M-6), 79,280 square feet 7. Audrey Lane Mini Median —At Adrienne Drive. Irrigated, planted and hardscape areas. (M-7) 8. Azusa Avenue — Right of ways, from north of Fleetwell Avenue south 1,690 linear ft. to Michelle Street - sidewalk along block walls. Mile (0.6) (M-8) 9. Azusa Avenue — Right of ways, from Mobeck Street south 600 linear feet to Cameron Avenue on the West Side of street. Sidewalk along block wall. Mile (0.2) (M-9) 10. Azusa Avenue — Right of ways, on the east side north of Merced 144 linear ft. and south of Merced Avenue 1,150 linear ft. to just past Rio De Oro Drive cul-de-sac - Sidewalk along block wall. Mile (0.4) (M-10) 11. Azusa Avenue — Right of ways, on the east side south of Linda Vista Street 300 linear ft. to Greenville Drive - sidewalk along block wall. Mile (0.2) (M-11) 12. Azusa Avenue — Right of ways, on the eastside north of Alaska Street 110 linear ft. and south 470 linear ft. to Vine Avenue - sidewalk along block wall. Mile (0.4) (M-12) 13. Azusa Avenue Median — From Amar Rd. South to Temple Avenue. Landscape, hardscape, weeds trash, debris. (0.47) Mile in length. (M-15) 14. Azusa Avenue Median — From Fairgrove Avenue south to Amar Rd. Landscaping, hardscape, irrigation, tree wells, sidewalks. (0.81) Mile in length. (M-16) 15. Azusa Avenue Median — South Garvey north to City Limits. Planted, hardscape, irrigated. Mile (1.0) (M-17), 23,760 square feet 16. Azusa Avenue south — Right of ways, sidewalk on West Side. From Stratford south to Fairgrove Avenue. (0.8) Mile. (M-18) 17. Azusa Avenue south — Right of ways, sidewalk, tree wells, from Aroma Drive down to the Shopping Center on Amar Road; Eastside, Includes chain link fence along the Calif. Coastal Shrub habit area. (1.5) Miles. (M-19) 18. Badillo Street — Right of ways and other area on South side, between Vincent Avenue and School site..6 mile in length depth varies from 10 feet to 55 feet. No sidewalk. (0.6) Mile (M-20) 19. Badillo Street Median - City limits on the west, east to Lark Ellen — (1.8) miles, approximately (M-21) 20. Barranca St., North of freeway, west sidewalk, wall, tree wells. (0.1) Mile (M-22) 21. Broadmoor Avenue — Cul-de-sac area drainage channel running west along wall past Shadydale Avenue approximately 430 total ft. (0.2) Mile. (M-23) 22. Cameron Ave Slope Easement — South side of Cameron Ave. just east of Heritage Park. Weed abate, drain cleaning, sidewalk clearance trimming. (0.25) Acres. 280 feet long. (M-24) 23. Cameron Avenue — Right of ways, sidewalk and open areas along block wall on the south side of Cameron Avenue; 25 ft. deep narrowing to 8 ft. deep, east of La Serena Drive for 325 linear ft. 254 deep, west of La Serena Drive for 450 ft. along wall. Include entrance to La Serena Drive; clean, weed abate. (0.4) Mile. (M-25) 24. Cameron Avenue — Right of ways, sidewalk on north side between Barranca Avenue and Prospero Drive; including mini median on Prospero Drive. Slope area 325 linear ft. in length and 50 ft. deep at the rear of two properties on La Serena Drive. (0.7) Mile. (M- 26) 25. Cameron Avenue — Right of ways, sidewalk on the north side between Sunset Avenue and Evanwood Avenue. (0.3) Mile. (M-27) 26. Cameron Avenue / Eddies Drainage Ditch - Clear ditch itself 5 feet back on each side from where it leaves block wall to point that it enters Golf Course. Areas behind private property and block wall clean to wall and private property fence. The ditch runs behind the block wall from flood basin to Golf Course 1,075 linear ft. Clean, weed abate, clear and trim back all overhanging landscaping. (M-28) 27. Cameron Avenue west — Right of ways, sidewalk along south side between California Avenue and Glendora Avenue. (0.3) Mile. (M-29) 28. Citrus Avenue Median - From Workman Avenue south to Norma Avenue, (0.6) miles planted and non -planted. (M-30) 47,520 29. Citrus Avenue Slope — North of Vanderhoof Drive, East Side of Citrus Avenue. 230 linear feet x 30 feet of planted irrigated slope area. (M-31) 30. Doublegrove Street — North of Cambridge Court approximately 325 linear feet; Right of ways and sidewalk on the northeast side. (0.2) mile. (M-32) 31. Eckerman / Carlton Avenue - Cul-de-sac's and connector to Palm View Park. (M-33) 32. Fairway Lane — Right of ways, sidewalk from North Garvey Avenue to Commercial Area; Southeast side. (0.2)-mile. (M-34) 33. Faye Lane Mini Median — At Francesca Drive. Irrigated, planted and hardscape areas. (M-35) 34. Fleetwell Avenue — From Workman Avenue south to Mardina Street; East side Right of ways; 920 linear feet, 18 tree wells. Trash pickup, sidewalk cleaning, tree wells. (0.6) Mile (M-36) 35. Francesca Drive — Right of ways, south side between Woodgate Drive and Nogales Street. 700 linear feet. (M-37) 36. Francisquito Avenue — Right of ways, south side between Mayland Avenue and Orange Avenue. (0.7) Mile. (M-38) 37. Francisquito Avenue — South sidewalk walls/fences keep plant material clear for pedestrian traffic, weeds, trash. Between Sunset Avenue west to Orange Avenue. (0.3) Mile. (M-39) 38. Giano Avenue — Right of ways, West Side of street. From Gemini Street 950 linear feet south to Wednesday Drive. (0.2) Mile. (M-40) 39. Gina Lane Mini Median — At Nogales Street; irrigated, planted and hardscape areas. (M- 41) 40. Glendora Avenue Median - From and including triangle at Glendora and Vincent South to City Limits. Landscape and hardscape. (1.31) Miles approximately (M-42) 41. Grand Avenue - West Side Right of ways, from the San Bernardino Freeway off ramp to Holt Avenue. (0.2) Mile. (M-43) 42. Grand Avenue Median — Hardscape median at freeway, weeds, trash, debris. Both north and south of freeway. (0.3) mile. (M-44) 43. Grenoble Avenue — West from Azusa Avenue north side of Grenoble Avenue along Right of ways, sidewalk; 10-foot back for 500 linear feet. South side 175 linear feet 10-foot back. (0.3) Mile. (M-45) 44. Hollencrest Circle — At end of cul-de-sac and south side of Hollencrest Cir. Sidewalk Clearance and weed abate. (65)-feet behind sidewalk at cul-de-sac and (20) feet behind sidewalk on south side of the street. (M-46) 45. Holt Avenue - At Oak Knoll Drive, south side areas to the east and west side of intersection. Weed abatement, trash pickup; approximately 2,300 Sq. Ft. (M-47) 46. Holt Avenue — Right of ways north and south from Walnut Creek overpass east to Grand Avenue Right of ways in undeveloped areas. Clearance trimming roadway, weed abate and trash pickup area. (0.4) Mile. (M48) 47. Lark Ellen Avenue — Right of ways, sidewalks on East Side between Badillo Street and Louisa Avenue. (0.3) Mile. (M-49) 48. Lark Ellen Avenue — Right of ways, west side. From Amar Road north 1,400 linear ft. up to Condo's on Pass & Covina Road. (0.4) Mile. (M-50) 49. Maplegrove Street — Right of ways between Valinda Street east to Pass & Covina Road. 800 linear ft. on the southside; 8 tree wells. (0.4) Mile. (M-51) 50. Mobeck Street — Right of ways and other area between Holly Place and Valinda Avenue on the south side. Areas total 780 feet in length and 20 feet deep, 15,600 square feet total. (0.4) Mile. (M-52) 51. Nelson Street Mini Median — At Azusa Ave. Planted and hardscape areas. Manual irrigation. (M-53), 300 SQ. FT. 52. Nogales / Valley Connector areas — Landscaping, sidewalks, irrigation, tree wells on connector road, sidewalk planters, slope area, stairs, walls. (M-54) 53. Nogales Street — Right of ways, sidewalk 1,000 ft. north of Amanda Street and south to school site; including entrance to Amanda on West Side of street. (0.3) Mile. (M-55) 54. Nogales Street — Right of ways, sidewalks along wall, 750 feet north of Gina Lane & 850 feet south. West Side. (0.4) Mile. (M-56) 55. Nogales Street — Right of ways, walls/fences, sidewalks between Hollingworth Street to City Limits. (0.31) Mile. (M-57) 56. Nogales Street Median — From Amar Road south to La Puente Road. (1.4) Miles, Landscape, hardscape, west sidewalls, irrigation, (M-58), 110,880 SQ FT. 57. Nogales Street Median - South of Northam St. to City Limits. Landscape, hardscape, irrigation, trash debris. (900) Feet in length. (M-59) 58. North Garvey Avenue east - from Fairway Lane to City Limits. North side slope area Right of ways and sidewalk. Some areas irrigated. (1.1) Mile. (M-60) 59. North Garvey Avenue east - North side of street, Right of ways from Maplewood Avenue to Toland Avenue. Including sidewalk passageway from Maplewood Avenue to Vincent Avenue along freeway fencing. (0.4) Mile. (M-61) 60. North Garvey Avenue west - Right of ways along walls; north side of Garvey Avenue between Willow Avenue west to the Radisson Hotel. (0.6) Mile (M-62) 61. Oak Knoll Drive - North side Right of ways from Holt to street blockade rights -of- way. Weed abate, clearance trimming, trash pickup area. (0.2) Mile. (M-63) 62. Opal Lane Mini Median - At Shakespeare Drive. Irrigated. (M-64) 63. Pass & Covina Road - Right of ways 625 linear ft. north of Jennifer Place and 300 linear ft. south; West Side along block wall area. 16 tree wells. (0.4) Mile. (M-65) 64. Priscilla Drive Mini Median - At Shakespeare Drive; Irrigated, and planted. (M-66), 200 SQ. FT. 65. Rowland Avenue Median - Lark Ellen Avenue to Armel Drive @ City Limits - (0.7) mile. Irrigated / ground cover / plants / concrete. (M-67), 79,200 square feet 66. San Bernardino Road - Right of ways, south side, between Orange Avenue west to City Limits. (0.4) Mile. (M-68) 67. Shadow Oak Drive - Right of ways from Amar Road south to Woodgate Drive; West side only. (0.5) Mile (M-69) 68. Shadow Oak Drive - Right of ways, 700 feet west of Gemini Street and 230 feet east. (0.5) Mile. (M-70) 69. Shakespeare Drive - On the East Side north of Opal Lane 600 linear ft., sidewalk along wall area. (0.2 Mile) (M-71) 70. Shakespeare Drive Median - Between Shadow Oak Drive and Nogales Street. Length 63,360 linear ft. Landscape and hardscape. (0.8) Mile. (M-72) 71. South Garvey Avenue east - From Fircroft Street 140 feet east and west. South side Right of ways along block wall. (0.2) Mile. (M-73) 72. South Garvey Avenue east - From Mockingbird Lane 200 feet east. South side Right of ways along block wall. (0.2) Mile. (M-74) 73. South Garvey Avenue east - From Monte Verde Drive to City Limits. North side freeway Right of ways. South side Right of ways and Horse Trail area; Area is (0.5) mile long.(M- 75) 74. South Garvey Avenue east — Right of ways and other area, from Lark Ellen Avenue east 1,390 linear feet. South side of street; all area along and back 25 feet to block wall. (0.4) Mile. (M-76) 75. South Garvey Avenue east— Right of ways and other area, south side from Garden Glen east 230 linear feet; back 25 feet to block wall. (0.1) Mile. (M-77) 76. South Garvey Avenue east— Right of ways and other area, south side from Astell Avenue east 180 linear ft. back 25 ft. to block wall. (0.2) Mile. (M-78) 77. South Garvey Avenue west — Right of ways along the south side of Garvey Avenue from Sunkist Avenue west to Mossberg Avenue. (0.5) Mile (M-79) 78. Sunset Avenue - Between Vine Avenue, South to City Limits, on the East/West sidewalks, Right of ways. (1.35) Miles (M-80) 79. Sunset Avenue — Right of ways, sidewalk, 550 linear feet north of Roseway Avenue and 500 linear feet south to Vine Avenue. Mile (0.2) (M-81) 80. Sunset Avenue — Right of ways, sidewalk, 950 linear feet South of Vine Avenue to end of wall before Merced Avenue. (M-82) 81. Sunset Avenue Median - North of freeway, to Puente Street — (0.5) miles (M-83) 82. Sunset Avenue Median - South of freeway, (1.6) miles, to Fairgrove Avenue. (M-84) 83. Sunset Avenue Parkways - Oleanders pruned four (4) times yearly. No ground cover areas. a. Francisquito Avenue to DelVale Street— (0.2) miles - (M-85) b. Puente street to just past Louisa Avenue — (A) mile — (M-86), 7,920 square feet 84. Sunset Avenue West Side, Right of ways, sidewalk, wall from just north of Farlington St. down to Francisquito Ave. (0.25) Mile. (M-87) 85. Tuesday Drive — Right of ways, sidewalk east of Shakespeare Drive .2 mile west along block wall on south side. (0.3) Mile. (M-88) 86. Valinda Avenue — Right of ways from City Limit south of Dore Street north to Maplegrove Street. East Side along block wall, sidewalk and 17 tree wells 2,600 linear ft. (0.8) Mile. (M-89) 87. Valley Blvd. Median - At Nogales St. Overpass Bridge. Landscape, hardscape irrigation, tree wells in sidewalk. (0.16) Miles in length. (M-90) 88. Vanderhoof Drive — Cul-de-sac at end of street and 150 feet East Side Right of ways along wall. (M-91) 89. Vincent Avenue — Right of ways, sidewalks on both east and West Side between City Limits and Puente Street. (0.4) Mile. (M-92) 90. Vincent Avenue Median - West Covina Parkway, north to Badillo - (1.5) miles planted. (M-93) 91. Walnut Creek Equestrian Trail - Located between Barranca Street and Holt Avenue. Horse trail on the south side of Walnut Creek Wash; Length is 1,450 linear ft.; Overhead clearance to be maintained to 14 ft. Depth of area varies from 20 ft. to 50 ft. (0.5) Mile. (M-94) 92. Walnut Creek Equestrian Trail — Located between the rear of Ridgeriders Park and Barranca Street. Horse trail on the south side of Walnut Creek Wash, overhead clearance to be maintained to 14 ft., side clearance to fences. Length (0.3) mile. (M- 95) 93. Walnut Creek Parkway — Southeast side of street from Sherway Street; 1,410 linear ft. down past Leewood Street. East side Right of ways along Walnut Creek. Depth of area varies from 17 feet to 30 feet. (0.4) Mile. (M-96) 94. West Covina Parkway Median - Between Vincent Avenue and Sunset Avenue approximately (.9) miles planted and non -planted areas. (M-97), 71,280 Sq. Ft. 95. West Covina Parkway Median — Located south of South Garvey west-northwest 1,000 linear ft. to Pacific Avenue. Planted and hardscape non -planted areas. (0.3) Mile. (M- 98), 23,760 Sq. Ft. 96. Wimbledon Court— At Grenoble Avenue west side only 5-ft. back for 345 linear ft. north along sidewalk. (0.1) Mile. (M-99) 97. Woodgate Drive — Right of ways, from Delia Place west 125 linear feet, east 115 linear feet along north side block wall. (M-100) 98. Woodgate Drive — Right of ways, sidewalk from Christie Lane west 700 linear feet, east 150 linear feet along block wall on the south side. (0.4) Mile.(M-101) 99. Woodgate Drive — Right of ways, sidewalk from Thomas Place south 525 linear feet west side along block wall. (0.3) Mile. (M-102) 100. Woodgate Drive — Right of ways, sidewalk on east corner of Art Place. 500 Sq. Ft. (M-103) 101. Woodgate Drive — Right of ways, sidewalk, from Dee Lane West Side 875 linear feet, along north side block wall. (0.2) Mile. (M-104) 102. Workman Avenue — Right of ways east of Chevron Station on south side; East 290 linear ft. along block wall. Trash pickup, sidewalk cleaning (0.1) Mile. (M-105) B. TREE WELLS ONLY Tree well installations in the City of West Covina are generally spaced 30-feet apart along commercial areas and major streets. This area of the contract will require trash removal and weed control in the tree well. The tree itself will require basal sprout and water sprout removal up nine (9) feet height for pedestrian clearance. 1. Amar Avenue - Between Westport and Magdalena both north and south sides of the street. (.9) Mile. (M-106) 2. Amar Avenue/Azusa Avenue —All commercial corridor areas at this intersection. Both sides of the street north, south, east, west. (M-107) 3. Azusa Avenue - Between Fairgrove Avenue and Commercial Area on Amar Road east and west sides. (7) Mile. (M-108) 4. Azusa Avenue - Between Mobeck Street, south to Merced Avenue on both east and west sides. (.8) Mile. (M-109) 5. Cameron Avenue — North side tree wells, between Sunset Avenue and Toluca Avenue. 13 tree wells. (A) Mile. (M-110) 6. Citrus Avenue - between Workman Avenue and North Garvey Avenue east, both east and west sides. (7) Mile. (M-111) 7. Glendora Avenue - Between Walnut Creek Parkway north to South Garvey east, along West Side of the street. 24 tree wells. (A) Mile. (M-112) 8. Lakes Drive - Between Glendora Avenue and Garvey Avenue; on both the north and south side of street 14 tree wells. (2) Mile. (M-113) 9. Nogales Street - Between La Puente Road and City Limits, east side and west side. 13 tree wells. (.8) Mile. (M-114) 10. Shadow Oak Drive - Between Amar Road and Nogales Street both sides of the road. (2.8) Miles. (M-115) 11. Stephanie Drive - Between Shadow Oak Drive and Shirlee Street, on both east and west sides of the street. Appox. (17) Tree wells (.5) Mile. (M-116) 12. Sunset Avenue - West Side tree wells, between Walnut Creek Overpass and Cameron Avenue. 5 tree wells. (3) Mile. (M-117) 13. The Plaza Mall — Palm tree wells on the north and south side of Plaza Drive, at Mall entrance on Vincent Avenue. (A) Mile. (M-118) 14. The Plaza Mall - Palm tree wells on the north side of West Covina Parkway. (3) Mile. (M-119) 15. The Plaza Mall — Palm tree wells on the West Side of Vincent from West Covina Parkway north to Freeway. (5) Mile. (M-120) 16. Toluca Avenue — Between Cameron Avenue and West Covina Parkway. East Side tree wells. 16 tree wells. (.2) Mile. (M-121) 17. Valley Boulevard — Between Nogales Street and Sentous Ave. along the north side of the street. 21 tree wells. (.7) Mile. (M-122) 18. West Covina Parkway - North side tree wells, along Sunset Parkway Mall. 18 tree wells. (4) Mile. (M-123) 19. Woodgate Drive - Between Amar Road and Shadow Oak Drive both sides of the road. (1.4) Mile. (M-124) 20. Workman Avenue - between Calvados east to Citrus Avenue, south side; 11 tree wells. (2) Mile. (M-125) 21. Workman Avenue - From Citrus Avenue east to Barranca Avenue on the south side. 42 tree wells. (.7) Mile. (M-126) C. COMMERCIAL ZONES Auto Dealer & Apartments / Freeway — North Garvey East, freeway Right of ways. East of Azusa to Baymar Ave. Auto Dealer keep vines off of fence, weeds. Trash clean two (2) times each month. (.25) Mile in length. (M-127) 2. Auto Dealer and Freeway — South Garvey East, freeway Right of ways, east of Citrus Ave. Keep vines off of freeway fence, weeds. Trash clean two (2) times each month. (600) ft. length. (M-128) 3. Auto Dealers & Apartments / Freeway — North Garvey East, freeway Right of ways. East of Hollenbeck Ave. to Citrus Ave. Auto Dealer keep vines off of fence, weeds. Trash clean two (2) times each month. (.41) Mile in length. (M-129) 4. Auto Dealers and Freeway — South Garvey East, freeway Right of ways, sidewalk tree wells, between Azusa Avenue and Baymar Street. Keep vines off of freeway fence, weeds. (6) Mile in length, approximately six (6) feet wide. Clean two (2) times each month. (M-130) 5. Auto Dealers and Freeway — E. Norma Avenue S. Winston Avenue ending at end of dealership building not to include 1949 Eat Norma Avenue North Side of the Street only, behind auto dealership buildings. Clean two (2) times each month. (M-130) 6. City Hall, West Garvey South —W. Pacific Avenue to Sunset Avenue overpass wall along freeway Right of ways, keep vines cut back tight on side and top, no vines on light poles. Keep signs cleared, as needed. Trash picked up along street both sides. Twice monthly. (0.35) Mile in length. (M-131) 7. City Maintenance Yard Facility, Chamber of Commerce and Fire Station #1 - located at 825 South Sunset Avenue. Complex on the corner of Sunset Avenue and Cameron Avenue. Clean weekly or as needed. (M-132) 8. Fire Station #3 and Fire Administration Office - located at 1435 West Puente Avenue. Corner of Puente Avenue and Yaleton Avenue. Weekly service. (M-133) 9. Fire Station #4 - Located at 1815 South Azusa Avenue. Corner of Fairgrove Avenue and Azusa Avenue. Boundaries extend three (3) feet past all flat surfaces within the compound, curbs, pavement, walks and walls. Does not include rear slope areas, which is MD#4. Weekly service. (M-134) 10. Fire Station #5 - Located at 2650 East Shadow Oak Drive; corner of Nogales Street at Shadow Oak Drive. Does not include rear slope area, which is MD#4. Area total is approximately 35,098 Sq. Ft. including building. Boundaries extend three (3) feet past all flat surfaces within the compound, curbs, pavement, walks, walls and drainage swell; all landscaping with no turf areas. Weekly service. (M-135) 11. Glendora Center Strip Mall — 100, 200 and 300 blocks of Glendora Avenue Commercial area on the East Side. Also includes small area located on the West Side of Glendora Avenue. Clean three (3) times per week or as needed. Rear alley, clean debris, weed abate (4) four times yearly. (M-136) 12. Restaurant Row - North Garvey east, freeway Right of ways, and tree wells between Barranca Avenue and Grand Avenue; length of area is (.6) miles. Weeds. Trash cleaned twice monthly. (.34) Mile in length. (M-137) 13. Sunset Parkway Mall - Located at 630-650 Sunset Avenue. Parkway strip and sidewalk along east side of Sunset Avenue. Work area is 1,540 Sq. Ft. Clean weekly. (M-138) 14. West Covina Parkway and Parkette — Between Sunset Avenue and Glendora Avenue, along south side. All landscaped areas excluding private sections (i.e., Ruiz Tailor and Triple Check Income Tax) back to Walnut Creek fence. Turf area is approximately 6,525 Sq. Ft. total for the entire area. Work areas combined are .4 mile in linear length. Clean (3) Three times weekly. (M-139) D. FREEWAY RIGHT OF WAYS, OVERPASS AND UNDERPASS AREAS Freeway Right of ways and bridges are serviced once every two (2) months for trimming, weeds, trash unless listed in the Commercial Zones. 1. Freeway Right of ways North — North Garvey West between City Limits on the West and Vincent Avenue approximately 2 miles along the south side of Garvey Avenue. (M-140) 2. Freeway Right of ways North — North Garvey East between Vincent Avenue and City Limits, approximately 6 miles along the south side of Garvey Avenue, Maplewood Avenue and Fairway Lane. (Excluding the Eastland Shopping Center area.). (M-141) 3. Freeway Right of ways South — South Garvey West between City Limits on West and Vincent Avenue, approximately 2 miles along the north side of Garvey Avenue. (Excluding the West Covina Plaza Mall area.) (M-142) 4. Freeway Right of ways South — South Garvey East between Vincent Avenue, and City limits on the east. Approximately 4.1 miles on the north side of Garvey Avenue, Holt Avenue, and Temple Way. (M-143) 5. Freeway Underpass Areas @ Cameron Avenue: (M-144) a. North west— Slope landscaping, weeds, trash. b. North east— Slope landscaping, weeds, trash c. South east — Sidewalk weeds, trash d. South west - Slope landscaping, weeds, trash 6. Freeway Underpass Areas @ West Covina Parkway: (M-145) a. North west — Sidewalk weeds, trash b. Northeast —Slope landscaping, irrigation, weeds, trash c. Southeast —Slope landscaping, irrigation, weeds, trash d. Southwest —Sidewalk weeds, trash 7. Freeway Underpass Areas @ Sunset Avenue: (M-146) a. North west — Landscaping, weeds, trash b. North east — Sidewalk only weeds, trash c. South east — Sidewalk only weeds, trash d. South west — Sidewalk only weeds, trash 8. Freeway Underpass Areas @ Vincent Avenue: (M-147) a. North west — Sidewalk only weeds, trash b. North east — Sidewalk only weeds, trash c. South east — Sidewalk only weeds, trash d. South west — Sidewalk only weeds, trash 9. Freeway Underpass Areas @ Lark Ellen Avenue: (M-148) a. North west — Landscaping, irrigation, weeds, trash b. North east — Landscaping, irrigation, weeds, trash c. South east — Landscaping, irrigation, weeds, trash d. South west — Landscaping, irrigation, weeds, trash 10. Freeway Underpass Areas @ Azusa Avenue: (M-149) a. North west — Sidewalk only weeds, trash b. North east — Sidewalk only weeds, trash c. South east — Sidewalk only weeds, trash d. South west — Sidewalk only weeds, trash 11. Freeway Underpass Areas @ Hollenbeck Avenue: (M-150) a. North west — Sidewalk only weeds, trash b. North east — Landscaping, irrigation, weeds, trash c. South east — Landscaping, irrigation, weeds, trash d. South west — Sidewalk only weeds, trash 12. Freeway Underpass Areas @ Citrus Avenue: (M-151) a. North west — Sidewalk only weeds, trash b. North east — Sidewalk only weeds, trash c. South east — Sidewalk only weeds, trash d. South west — Sidewalk only weeds, trash 13. Freeway Overpass Areas @ Barranca Avenue: (M-152) a. North west — Sidewalk only weeds, trash b. North east — Sidewalk only weeds, trash c. South east — Sidewalk only weeds, trash d. South west - Sidewalk only weeds, trash 14. Freeway Underpass Areas @ Grand Avenue: (M-153) a. Northwest —Sidewalk, Rights -of Way, weeds, trash b. North east — Rights -of way, Sidewalk weeds, trash c. South east — Right of ways only weeds, trash d. Southwest —Sidewalk, Right of ways, weeds, trash 15. Freeway Underpass Areas @ Holt Avenue: (M-154) a. North west — Right of ways only weeds, trash b. North east — Right of ways only weeds, trash c. South east — Right of ways only weeds, trash d. South west — Right of ways only weeds, trash E. CITY PROPERTY AT WASH AREAS City property near the wash between Lark Ellen & Azusa Ave (M-155) a. Weeds, trash 2. City property near the wash from S Barranca St until E Holt Ave (M-156) a. Landscaping, weeds, trash. DEFINITION OF WORK A. ABANDONED TURF AREAS Remove litter weekly or as needed. 2. A weed control program will be included within this contract. Spot applications as needed of a broad-spectrum herbicide may be required through the season as necessary to ensure clearance and neatness of turf, weeds and suckers growing at the base of trees, at sprinkler heads, along fences, around buildings and other miscellaneous locations within this Contract. This program will be included in the contract at no additional cost to the City. 3. Insect control and large-scale weed control will be included with this contract. Pests including but not limited to insects, snails and weeds will be evaluated on an individual basis. After City approval, the Contractor may treat to provide a healthy environment for plants and public. B. TREES Annual tree pruning is not required in this contract. In the interest of public safety, tree pruning shall be performed on a monthly basis to provide the following: Remove any low growing, hanging, or broken branches. Contractor shall remove all sucker growth, dead or unsightly branches and all growth that adversely impacts irrigation coverage. 2. Clear visibility shall be provided of all traffic control signs so that all approaching drivers are able to view signs from a distance of one hundred feet (prior to reaching signs). 3. Basel suckers removal and waterspout suckers under the nine (9) feet pedestrian clearance level. 4. Pruning shall include the cutting back of trees adjacent to roadway intersections. 5. Adequate clearance shall be provided to include a nine (9) feet height clearance and three (3) feet side clearance adjacent to perimeter fences and walls. Sidewalks in City Right of ways, bordering block walls or fences will be kept clear of plant material including the (9) height clearance for pedestrian safety. Roadways will require a minimum height clearance of fourteen (14) feet. 6. Clear visibility shall be provided of all building signs and various signs posted, so that all signs are visible from a distance of one hundred feet. 7. Stake and support young trees when necessary. 8. All guys and ties shall be checked frequently to avoid girdling. 9. Dead or Diseased Trees - Contractor shall notify the City immediately when the following conditions are present: 10. Trees appear to be on a decline for no apparent reason that is known to the contractor; and/or trees are dead. C. SHRUBS AT ANY HEIGHT The main goal in pruning most shrubs is to help them develop their natural beauty in the landscape. Shrubs do not need to be constantly pruned to create odd shapes; instead their natural form should be encouraged and allowed to develop. Shrubs should be allowed to grow into each other so that they form a mass planting, barrier, or screen. Any necessary pruning shall be done with thinning and shaping cuts, which allow plant materials to blend together in shrub masses characteristic of each individual species. Exceptions to this guideline include those shrubs: 1. Which were planted with a formal hedge intent, which will require formal pruning and shaping to maintain their intended design. 2. Shrubs, which for security or traffic visibility view, must be maintained at a low height. 3. Clearance trimming for proper irrigation head coverage. 4. Shrubs planted in locations listed in Commercial Zones. 5. Any private plant material extending over onto City sidewalks or Right of ways or other areas that are not maintained by the property owner. 6. All Oleanders growing in medians or parkways shall be cut back (4) times annually to height requirements (as per City requirements). 7. Any specific type of pruning determined by the City to correct any other condition that the City determines is necessary. 8. Freeway Right of ways trimming will be cutback to behind the curb and overhead trimming to accommodate traffic. a. All shrubs shall be pruned back three (3) feet to prevent the obstruction of walkways and driveways, fences, walls and shall be maintained clear from pedestrian and vehicular views, curbs and gutters, signs and utilities. When pruning shrubs along walkways, shearing should be avoided. Instead, shrubs should be cut back in a manner that retains their natural shape as much as possible and tapered back at a 45- degree angle away from the sidewalk or curb. Shrubs shall also be pruned to minimize blockage of irrigation head watering patterns. Spent flower stalks, blooms, and dead growth shall be removed as needed to maintain a clean appearance in the landscape. The Contractor at no additional cost to the City will remove all dead shrubs. D. IRRIGATED SLOPES AND GROUND COVER Prune ground covers to keep in bounds of desired planter areas and trim top growth as necessary to achieve an overall even appearance. Thin out to remove irregular foliage masses, which distract from an overall uniform appearance. Ground covers shall be trimmed a maximum of six inches away from walks, curbs, buildings, wall, utilities, turf separation features, tree trunks, shrub and vine trunks on a regularly scheduled basis or as needed. Ground covers shall not be trimmed vertically at the edges but rather should be tapered back at a 45-degree angle. The actual method of edging shall be based on the ground cover foliage characteristics but shall not leave a shredded, damaged edge of the ground cover. Vining and trailing ground covers that may grow up and wrap around the trunks of trees and shrubs should be trimmed and maintained in a cleared circle of a maximum of twelve inches away from the base of trunks. The intent here is to not have large patches of bare, cleared soil out to the drip -lines of plants, but rather to maintain a small buffer zone around the base of trunks. This buffer zone shall be maintained weed free. 1. All slopes and ground cover areas shall have weeds removed / abated every month. The contractor, at no additional charge to the City, may apply a broad-spectrum pre - emergent weed control, such as Surflan to shrub beds and ground cover beds and slopes to assist in the long-term control of such weeds. 2. Nutshedge, Bermudagrass, Morning Glory shall be spot -treated immediately with the appropriate herbicide when found in any planter, ground cover, shrub bed or irrigated landscaped slope area at no additional cost to the City. 3. Trim and edge as necessary to restrict growth from encroaching on sidewalks or other adjacent areas. 4. A weed is defined as an undesirable plant, which will be determined by the City Representative. 5. Dead flowers on all plants in planters will be removed as needed in order to keep a groomed appearance at all times. 6. Landscape Contractor shall be responsible for identification and control of all insect pests and diseases on plants. A qualified Pest Control Operator shall make any necessary pesticide applications. The Contractor shall submit a monthly record to the County Agricultural Commissioner of all insecticides, and herbicides used on this project. A copy of this submitted report will be sent to the City representative at the Public Services Department. PLANTED AREAS A broad spectrum pre -emergent weed control such as Surflan may be applied to shrub beds and ground cover beds and slopes once yearly. Application shall be applied between January 1st and February 28th. 2. Morning Glory, Bermudagrass, Nutshedge shall be spot treated immediately when observed with the appropriate herbicide such as Roundup, Fusillade when found in any planter, ground cover, shrub bed or irrigated landscaped area at no additional cost to the City. 3. Trim and edge as necessary to restrict plant material growth from encroaching on sidewalks, streets or other adjacent areas. 4. A weed is defined as an undesirable plant, which will be determined by the City Representative or his representative. 5. The seed stems and heads shall be removed from grasses and dead flower heads in order to keep a groomed appearance at all times. 6. All drains to be kept free of debris to allow unrestricted water flow. IRRIGATION All components of the irrigation system shall be maintained in proper working order, as per manufacturer specifications. Contractor shall inspect irrigation system regularly. During regular maintenance activities for immediate concerns, such as broken and malfunctioning heads and shall note observations and areas that need repair in the maintenance log located in each controller. All system problems observed shall be repaired immediately upon discovery. More detailed inspections of system equipment and performance shall be conducted as needed throughout the year with a summary report recorded in the maintenance log located within the controller. The maintenance log shall be discussed with the City. representative once per month at the scheduled walk-through/inspection. This shall comprise all irrigation components that includes but is not limited to back flow prevention devices, main pressure lines, lateral lines, master valves, flow meter valves, sprinkler heads, pumps, controllers, valves, wiring and rain guards if installed. 2. Contractor shall keep backflow prevention devices in satisfactory condition per Los Angeles County Department of Health requirements. Contractor shall provide all materials and labor necessary for repairing backflow prevention devices. Contractor shall perform backflow prevention device test as per Los Angeles County Department of Health requirements and submit copies of completed tests to the City. This contract currently has approximately 45 backflow preventers. 3. Contractor shall keep all controller box enclosures in good working order. This includes door panels, hinges, locks, etc. All enclosures, electric meter enclosures, and back flow devices shall be kept a deep forest green. City must approve color of paint prior to application. 4. Irrigation controllers shall be kept in continuous working order. Contractor shall repair and clean the irrigation controllers as needed to insure good working performance. This contract currently has approximately 46 Rain Master irrigation controllers, 13 Calsense controllers and 7 battery controllers. 5. Contractor shall install irrigation charts in each controller as to identify geographic areas, valve locations for each station, and quick coupler locations. 6. Contractor will make the following changes as needed raising, lowering, moving or adding heads to provide adequate coverage of all landscaped areas on each lateral line. Riser height shall be adjusted or extended in shrub and ground cover areas, per the growth of plant materials. Plant material shall be trimmed away from sprinkler heads to allow for full radius coverage. Contractor shall check all valves for opening, closing completely, weeping or leaking. Repair as needed. 8. Contractor shall stock "high use" items for repair of irrigation systems. 9. Contractor shall replace components of irrigation system with approved type of material (brand and model number) or substitutes approved by City. 10. Contractor shall compile and maintain "as builds" of all irrigation systems to include location and serial numbers of major components and furnish City on -going copies of these plans. As built drawings shall be given to the City upon termination of Agreement. 11. For areas with drip systems, the Contractor shall be responsible for maintaining the system within a range of 20-PSI minimum and 45-PSI maximum. 25-PSI is ideal. Hose bib clean outs shall be opened annually to flush accumulated debris and pressure check should be made at this time. After making broken hose repairs, it is essential to flush the lines using the existing hose bib clean outs. A surveillance of the system should be made every other week checking for breaks, leaks and clogging. 12. Contractor shall perform manual irrigation inspections during normal working hours. Walkways shall not be watered when pedestrian traffic is present. Irrigation system shall be installed and adjusted to prevent water from spraying on pavement line, but not limited to driveways, houses, private property, parking areas, and streets. Where irrigation of general areas is controlled by automatic time clocks, they shall be watered between 9:00 PM and 7:00 AM. 13. Contractor shall set controllers/valves to ensure proper operation of all irrigation systems. City may monitor the amount of water used and reserves the right to require the Contractor to change or reset the watering cycles at any time during this Agreement. 14. Contractor shall notify the City immediately if any plant materials appear to be wilting or stressed or if other problems develop from a lack of water or over -watering, with reference to irrigation scheduling. 15. Damage resulting from any cause shall be immediately reported to the City Representative or his representative. 16. The repair or replacement of any irrigation component such as valves; sprinkler heads or piping shall be completed and back in operation within 24 hours following verbal or written notification from the Maintenance Division. The Contractor shall repair all components of the irrigation system to provide continuous operation and maximum coverage as per system layout and design. 17. Contractor shall be responsible for providing replacement materials and labor necessary for repairs following vandalism. The costs thereof are included in this Agreement and Contractor will not receive any additional compensation for this work. 18. Contractor shall be responsible for replacing all components of the irrigation system that are worn out and non -repairable. City will pay wholesale material cost for worn out and non -repairable backflow prevention devices and irrigation controllers only. 19. Where it has been confirmed that damage is the result of City forces or the result of construction being performed by another contractor working on a separate City project, Contractor shall submit an estimate of costs for correction to City. City may authorize repair by Contractor, and if authorized, will pay for this work in the same manner as payment for "extra work." 20. Repair or replacement of damage resulting from Contractor's negligence shall be at Contractor's expense. 21. Manual or hand watered areas will be scheduled for irrigation seasonally. Adjusting of scheduled watering days will change seasonal throughout the year. From 0 — 3 days per week is common with sets running from 10 — 60 minutes per set. The City Representative or his representative will be sole judge as to the adequacy of irrigation. G. IRRIGATION —WATER SHORTAGE 1. The City of West Covina along with the contractor will be responsible for monitoring the amount of water used for all irrigation areas of the landscape agreement. The City reserves the right to request the contractor to change or reset the watering cycles at any time during this Agreement. If required to reduce the amount of water used for irrigation purposes the contractor shall comply fully. The contractor will ensure the efficiency of the irrigation systems is at the highest level possible. Contractor will comply at all times with the current level of the Emergency Water Regulations. Failure to properly manage and conserve water resources my result in deductions or other penalties. 2. The Contractor shall notify the City immediately if any plant materials appear to be wilting or stressed from a lack of water. 3. The Contractor shall notify the City immediately if over -watering is causing problems during maintenance operations. 4. The Contractor shall notify the City immediately if plant materials appear to have an unhealthy condition due to over -watering. H. WEED REMOVAL SERVICES Contractor will remove the grass and weeds from the gutter and sidewalk including fence lines and tree beds/grates of the area described in all areas listed in the location schedule above. This service will include 3 applications of non -residual herbicide to kill weeds and 2 removals of dead weeds (1-2 weeks after 2nd and 3rd sprayings). All waste material will be gathered and hauled away. This service will provide a weed -free environment throughout the growing season (April through November). a. Frequency of Services: Contractor will provide the services described above according to the following schedule: i. Herbicide application for weed abatement will be performed initially in April and then two subsequent sprayings as needed. ii. Physical removal of dead weeds will be performed 1-2 weeks after 2nd and 3rd sprayings to allow time for the herbicide to penetrate the roots. iii. All sidewalks will be maintained weed free throughout the growing season (April -October). b. Materials: While providing the services listed above, Contractor will provide and utilize the following materials: backpack sprayer and non -residual herbicide for weed abatement, line trimmers, pruner, lopper, brooms, shovels, and waste cans. 2. A qualified Pest Control Operator shall make any necessary herbicide applications. The Contractor shall submit a monthly record to the County Agricultural Commissioner of all insecticides, and herbicides used on this project. A copy of this submitted report will be sent to the City representative at the Public Services Department. PESTICIDE APPLICATIONS Contractor shall apply pesticides if required by the City to control pests and infestations, including but not limited to: insects, mites, snails and other invertebrates; etc. and large area weed control. Areas of infestation shall be treated immediately when authorized by the City, unless a special time requirement is State mandated for legal application of restricted materials or other legal time delays as required by law. Contractor shall apply pesticides in such a manner to provide a healthy environment for plants and the public in order to maintain a pest -free condition. 2. Pesticide operations, where required, shall be performed by a State of California Licensed Qualified Applicator. Only qualified applicators may apply or supervise the application of pesticides pursuant to Division 6, Chapter 4 of the Food and Agriculture Code. This pertains to any and all pesticides used in the City. The application of restricted materials shall comply with the following: a. Contractor or his legally authorized subcontractor must complete an Application Restricted Materials Permit for possession and use with the Agricultural Commissioner's Office of the County of Los Angeles. b. Photocopies of all chemical application - Restricted Materials Permits and Written Recommendations shall be furnished to City prior to use of restricted materials or application of any pesticide on City property. c. No Restricted Use Materials shall be stored on City property. d. Application shall not be conducted when there is a possibility of physical drift: (1) onto persons, pets, or plants (which are not intended to be treated) within the area of treatment; or (2) onto adjacent property or the public way. e. No spraying when the public is near. f. Treated areas shall be posted as "not to be entered" until spray has dried. g. A 48-hour notice of intent to use pesticides shall be provided to City. h. No spraying when wind exceeds 10 miles per hour. i. Contractor shall comply with the State of California guidelines and legal requirements for handling and application of all chemicals. A photocopy of a Material Safety Data Sheet must be furnished to City for each pesticide used. This shall be on an approved form (U.S. Department of Labor Form OSHA-20). k. Contractor will provide the City of West Covina written recommendation by an Agricultural Pest Control Adviser registered to work in Los Angeles County, prior to making any pesticide applications at the beginning of each year that the contract is in effect. J. GREEN WASTE Contractor shall be responsible for the recycling of "all" landscape green waste including but not limited to grass clippings, leaves, brush and wood. Contractor is required to transport green waste to a facility where green waste materials are composted for future use. Contractor may transport wood to a facility where firewood is produced. Contractor shall furnish City with a weight receipt or receipt acceptable to the City during the first week of each month for the previous month's waste. This receipt shall contain the name of the facility receiving the green waste and a description of green waste recycled for the preceding month. City reserves the right to request that the Contractor change to a different recycling facility at any time during this contract agreement. K. SPECIAL MAINTENANCE Hardscape Maintenance in the Medians a. All median areas with gravel, rock, pressed cobble stone, asphalt, etc., shall be cleaned with a mechanical device or blower, "one (1) time per month" of weeds, trash, sand and other debris (this includes all curb and gutter noses around each median section). Contractor shall clean also with all hardscape medians, all adjacent sidewalks, Right of ways and other areas on each side of the roadway, `one (1) time per month", when this area is not maintained by an adjacent property owner. b. Maintain hardscape median areas in a weed -free condition. A weed is defined as an undesirable plant, which will be determined by the City Representative. c. This includes removal of all rubbish, trash, litter and debris left by others within the boundaries of this contract. d. Contractor shall document the scheduling / completion of these events and timeline of completion and return to the City routinely. This documentation should be available at the weekly scheduled meeting. 2. Landscape Maintenance in the Medians a. All landscaped and planted medians shall be cleaned free of weeds one time in every month. Included are weeds growing in the cracks of curbs and cracks between the street and curbing. b. All landscaped and planted medians shall be cleaned free of trash and other debris "one (1) time per month". c. Within all median areas, Contractor shall clean all adjacent sidewalks, Right of ways, and other areas on each side of the roadway "one (1) time per month", when not maintained by adjacent property owners. d. This includes removal of all rubbish, trash, litter and debris left by others within the boundaries of this contract. e. Contractor shall document the scheduling / completion of these events and timeline of completion and return to the City routinely. This documentation should be available at the weekly scheduled meeting. f. All operations will be conducted to provide maximum safety for the public. g. Maintaining Traffic: Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, 'Public Safety," 7-1.092, "Lane Closure," 'Portable Delineators" and 7-1.095, 'Flagging Costs," of the State Specifications and these Special Provisions. Convenient access to driveways and buildings along the line of work shall be constantly maintained. Driveways shall be closed in such a manner that adequate ingress and egress in the opinion of the City Engineer is maintained at all times. All costs involved in complying with the requirements of this section shall be absorbed in various items of work; therefore no separate payment shall be made. h. Contractor will keep sidewalks free of slime where constant runoff occurs. i. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of offsite and not be placed in any City location. j. Contractor will clean sidewalks, roadways and any other areas littered or soiled by his maintenance operations at the end of each workday. k. The Contractor shall pay the cost and be responsible for providing replacement materials and labor necessary for repairs following vandalism, including but not limited to irrigation components, landscaping and turfgrass. I. Contractor is required, as part of this Agreement, to furnish all materials to accomplish maintenance in accordance with the foregoing specifications. 3. Commercial Zones a. General Services Commercial zones include, but are not limited to Glendora Shopping Center, City Maintenance Yard (including Chamber of Commerce, Fire Station #1, Maintenance Administrative Office, warehouse, service garage and all Maintenance yard property.) All Auto Dealers on the Freeway areas, marked Apartment areas on the Freeway Fire Station 2, 3, 4, & 5, Sunset Parkway Mall Parkway strip, Restaurant Row, West Covina Parkway and Parkette area from Sunset Ave. to Glendora Avenue. All Commercial Zones will be serviced a minimum of one to three (1 to 3) times per week, or at the level of service specified in this Contract or as requested by the City. Turf areas will be mowed and edged on a once -a -week basis with all turfgrass maintenance operations scheduled to be completed on the same day of each week. Mowing, edging, string trimming will be completed on the same day for all areas to be maintained on that day. Scheduled will be (52) fifty-two complete mowings per year, one completed mowing scheduled each week. Mechanically trim around irrigation heads on the same frequency as the mowing schedule. Mechanically trim with string trimmers any areas missed by lawn mowers. Maintain landscape areas in a weed -free condition. A weed is defined as an undesirable plant, which will be determined by the City Representative. iv. Chemical control of broadleaf weeds shall be initiated on an as -needed basis to maintain a "weed -free" turf condition. V. Landscaped areas will be treated for Nutshedge, Bermudagrass, Morning Glory or any other invasive type weeds immediately with the appropriate herbicide when found in any planter, ground cover, shrub bed or irrigated landscaped area at no additional cost to the City. vi. A broad-spectrum pre -emergent weed control, such as Surflan can be applied to shrub beds and ground cover beds twice yearly. vii. All weeds growing on sidewalks, streets, or curb and gutter areas adjacent to these areas must be controlled with contact herbicides monthly. viii. Trim and edge all landscape areas and parking lot planters as necessary to restrict growth from encroaching on sidewalks or other adjacent areas. ix. Contractor shall clean, remove trash, weeds and any other debris from landscaped and hardscaped areas in these commercial zones one time per week on the same day as other scheduled maintenance occurs. X. All other maintenance requirements shall be performed as outlined in this landscape specifications for all these Commercial Zones. b. Glendora Shopping Center: (located along Glendora Avenue between South Garvey and Walnut Creek Parkway). Three (3) times weekly. Back alley cleaned and weed abated four (4) times a year. Parking lot areas, parking lot bumper blocks and sidewalks - Three times per week on Monday/Wednesday/Friday the Contractor shall provide sweeping with a vacuum - type sweeper / blower and broom and shovel, as needed to pick up all dirt and debris. All debris collected will be removed from the site and disposed of at the Contractor's expense. City Representative or his representative will be sole judge as to the adequacy of equipment and procedures used. ii. Complete policing (litter pick-up) of all parking lots, side alley's, sidewalks and landscape areas will be performed three (3) times per week on Monday, Wednesday and Friday before 9:00 am. Litter pick-up will include the parking areas along Glendora Avenue out to and including the concrete gutter flow ribbons including street parking stalls north past New Beginning Fellowship Church up to the freeway wall on South Garvey. This applies on the west and east side of Glendora Avenue. All trash can receptacles in front of business frontage shall be emptied three times weekly before 9:00 a.m. on Monday, Wednesday and Friday. All trash collected will be removed from the site and disposed of at the Contractor's expense. iii. Contractor shall provide plastic liners for all trashcans in this business area removing and replacing each one on trash clean up days, three times per week. iv. Weed control shall be initiated as necessary to maintain a weed -free condition. Weeds growing in cracks on sidewalks, streets, or gutters adjacent to areas covered in this contract must be controlled with contact herbicides. V. All landscape planters (raised and in -ground) as well as tree wells shall be maintained weed -free. No individual weed (including grasses) shall remain more than two weeks. No weed may remain that has grown more than six (6) inches tall maximum. vi. All landscape planters will be maintained neatly edged. Dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. vii. Pruning and/or shearing shall be done as needed to maintain an attractive uniform appearance. viii. Included in this contract area is the area on Glendora Avenue north of Dalewood Street, on both the west and east side. This area includes sidewalks, public parking, two inground planters and tub planters all with automatic irrigation. It does not include the private landscaped areas maintained by the businesses at this location. c. City Maintenance Yard i. Razor wire around perimeter / interior fencing will be maintained clear of all plant material at all times. At no time will plant material be allowed to grow over or partially cover the razor wire. Perimeter Oleander screen planting will be cut back as necessary both inside and outside the fence to maintain clearance for material storage and maintaining landscaping inside City property fence line. Tree suckers will be removed from perimeter Oleander planting as needed. All other maintenance requirements as outlined in this landscape specification will apply for the City Maintenance Yard. d. West Covina Parkway and Parkette Contractor shall provide plastic liners for all trashcans in these areas. It requires three (3) total removing and replacing on each day, three times per week. This includes Bus Stop Area near Sunset Avenue. Turf and planter areas will all have trash collected three times per week and will be removed from the site and disposed of at the Contractor's expense. Monday, Wednesday, Friday. ii. All other maintenance requirements as outlined in this landscape specification will apply for the West Covina Parkway and Parkette. iii. All other maintenance requirements as outlined in this landscape specification will apply for the Glendora Shopping Center. e. South Garvey Avenue, West, behind the Civic both sides of the street will be cleaned of trash once weekly on Monday. L. PROVISIONS FOR EXTRAS 1. The contractor is not authorized to initiate new work of any kind to be considered an extra unless the City approves a separate estimate before the work is commenced. 2. The contractor shall not have the exclusive right to perform extra work. The City Representative or his authorized representative is authorized to approve the use of any developer, contractor or City employee to add or delete new hardscape or landscape to (but not limited to) Citywide medians and freeway Right of ways and commercial areas. 3. After completion and approval by the City, extra work maybe made part of the contract for the duration of the agreement and shall be maintained according to City Specifications. Extra work may be required where one of three conditions may occur which include: a verbal request by the City to add new landscaping or to delete or modify existing landscape and irrigation; a request by the City to perform work as a result of Acts of God or traffic accidents; or extra work be performed by the Contractor without approval of the City only when a condition exists where it appears there is a danger of injury to persons or damage to property. M. WORK REQUESTS 1. Individual routine Work Order Service Request shall be completed within 14 calendar days of verbal or written notification from the Public Service Department . 2. Individual Work Order Service Request marked SPECIAL REQUEST shall be completed within 72-hours or of verbal or written notification City Maintenance Yard. 3. Individual Work Order Service Request marked URGENT shall be completed within 24- hours or of verbal or written notification from the Public Service Department. Public parking lot surfaces and sidewalks - once weekly on Friday, the Contractor shall provide sweeping with a vacuum -type sweeper, broom and shovel as needed to pick up all dirt and debris. Blowers will not be acceptable for use while autos are in the parking lot. Outside patios will be cleaned weekly from the Public Service Department — Maintenance Division . N. TRAFFIC, BARRIERS, SIGNS, AND SAFETY Attention is directed to Sections 7-1.08, 'Public Convenience," 7-1.09, 'Public Safety," 7-1.092, "Lane Closure," 'Portable Delineators" and 7-1.095, "Flagging Costs," of the State Specifications and these Provisions. The first sentence of Section 12-2.02, "Flagging Costs," of the State Specifications is amended to read: "The cost of furnishing all flagmen to provide for passage of public traffic through or adjacent to the work under the provisions in Section 7-1.08, 'Public Convenience" and 7-1.09, 'Public Safety," will be borne by the Contractor." Contractor shall comply with the requirements for Traffic Control as outlined in the latest edition of "Work Area Traffic Control Handbook", published by Building News, Inc., with modifications as permitted and/or requested by the City Representative. The use of "Work Area Traffic Control Handbook", published by Building News, Inc." does not relieve the Contractor of responsibility for public safety in that he may surpass these standards or request modifications as necessary. 4. A minimum of one (1) (paved) traffic lane in each direction not less than 12 feet wide shall be kept open for use by the public on all collector and secondary streets. The Contractor shall secure in place all barricades and delineators that are to remain in place for more than five (5) working days. Class I barricades shall be ten (10) feet or more in width. 5. Convenient access to driveways and buildings along the line of work shall be constantly maintained. Driveways shall be closed in such a manner that adequate ingress and egress in the opinion of the City Representative is maintained at all times. 6. Contractor may post temporary "No Parking" signs at the work site. 7. All operations will be conducted to provide maximum safety for the public. Where contract work may create potential or known hazards on streets or roads and to persons traversing them, Contractor shall obtain (at his own expense) signs, lights, barricades, or other safety devices necessary to prevent accidents, injuries, or damages, consistent with the City, County and State Standards. 8. All costs involved in complying with the requirements of this section shall be absorbed in various items of work and no separate payment shall be made therefor. O. CLEANING Contractor shall maintain the contract area clean of debris at all times. Upon completion of any work, Contractor shall remove remaining excess materials, waste, rubbish, debris and his construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Contractor shall also clean any other areas, including roadways, which are littered or soiled as a result of his operations. 2. Contractor shall keep all gutters, curbs, and walks adjacent to contract areas free of weeds, trash and other debris. All sidewalks adjacent to landscape areas shall be hand or mechanically swept once weekly. Contractor will keep sidewalks free of slime where constant runoff occurs. 3. Leaves, paper, weeds, and any other debris will be picked from landscaped areas, slopes and hardscape areas in the paseos, and will be removed from the site. This shall be accomplished weekly, with additional days if needed at the request of the City. All sidewalks and curb and gutters adjacent to landscaped areas will be cleaned of debris, including all limbs and vines shall be cut back along walls and overhead trees to 9 feet in height. Crews shall perform this task on the first full week and the third full week of each month. This work shall not interfere with the normal landscape maintenance work scheduled for the week within the maintenance district. 4. Contractor shall police all maintenance areas of this contract weekly, or as often as needed to remove rubbish, trash, litter, debris (organic or non -organic), and broken or dead plant material lying on the ground. This includes all rubbish, trash, litter and debris left by others within the boundaries of this contract. P. PROTECTION OF EXISTING FACILITIES Protect all irrigation, facilities, hardscape, landscape, and utilities. Any damage by Contractor (including, but not limited to irrigation heads and pipe) shall be replaced by Contractor immediately. Replacement materials and work are subject to approval by City. Protect all landscaped areas. Ruts and other damage caused by vehicles, equipment, or other causes shall be eliminated and areas replanted per requirements of City. Q. REPLACEMENT, VANDALISM 1. The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the replacement of any damage caused by his act hereunder. Watering, spraying, and other maintenance shall not be done at a time when they might damage parked cars or at times when activities in the project area might be inconvenienced or disrupted. 2. The Contractor shall be responsible for the replacement of all materials, including: shrubs, ground cover, mulch, pebble bark, irrigation, and similar materials which are necessary due to his acts or due to vandalism. The full cost of such replacement, including the cost of labor, shall be borne by the Contractor, except as provided in subsection "3" below. 3. Replacement of materials damaged by City forces, or as a result of construction being performed by another contractor working on a separate City project. The City may authorize replacement by the Contractor and if authorized, the City will pay the Contractor for the cost of the replacement, including the cost of labor. R. DEFICIENCIES Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. The City Representative, or his authorized representative, shall identify deficiencies and shall provide written notice to the Contractor to correct the deficiency. Contractor shall have three (3) days from the date the notice is provided to request a meeting with the City Representative. Said meeting shall be held within three (3) days of such request at the time and place selected by the City Representative. If, at the conclusion of that meeting, the City Representative determines that the Contractor is deficient in the performance of the contract, the Contractor shall have three (3) days from the conclusion of the meeting to correct the deficiencies. The City Representative may specify a longer period for the correction of deficiencies. S. MISCELLANEOUS Contractor will not remove any political signs during election periods, until requested by the City Representative. 2. The City may request that fences be repaired. The City will pay the wholesale cost of fence materials plus 20%. The contractor shall pay the expenses of labor and make the necessary repairs as requested by the City. 3. Contractor shall be responsible for providing replacement materials and labor necessary for repairs following vandalism. 4. Contractor will report to City any malfunction or damage of the lighting system in any City of West Covina maintenance area. 5. The contractor shall give notification of all "specialty type" maintenance operations to the City 48 hours prior to each of these operations. "Specialty type" maintenance operations are defined as fertilization, dethatching, seeding, preventive applications of turf fungicide, all pesticide applications and other types of plant replacements. 6. Should the Contractor fail to respond as specified by contract, the Contractor will be liable for any loss sustained by the City to correct said emergency. Contractor is required as part of this Agreement to furnish all materials to accomplish maintenance in accordance with the foregoing specifications. EXHIBIT B FEE SCHEDULE LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHT OF WAYS, COMMERCIAL ZONES, SIDEWALKS, TREEWELLS, AND OTHER AREAS SECTION REM DESCRIPTION UNIT MEASURE TOTAL PRICE PER MONTH TOTAL PRICE PER YEAR General Maintenance of all landscape, hardscape, and sprinkler systems, cleaning and weed abatement including Lump Sum $ $16,048.59 $ $192,583,08 A but not limited to citywide medians. freeway right of ways, freeway underpasses, street right of ways, sidewalks, tree -wells, unimproved locations and other City -owned or maintained areas Commercial Maintenance of all landscape, hardscape, and sprinkler systems, cleaning and weed abatement including but not limited to Glendora Center, Lump Sum $ $8,8W25 S $81,603.00 B Sunset Parkway Mall; Fire Station #1; Fire Station #3 and Administration building; Fire Station #4; Fire Station #5; Chamber of Commerce; Fire Station #2; City Maintenance Yard Facility. West Covina Parkway and Parkette, and other right of ways Weed Removal Service Removal of all grass and weeds from the gutter and sidewalk including fence lines and tree beds/grates of the area C described but not limited to all areas Lump Sum $ $4 352 16 $ $s2,225s2 listed in the General and Commercial the location schedule. This service will provide a weed -free environment throughout the growing season (April through November). Total A . B + C Lump Sum $ $27,201.00 $ $326,412.00 Extraordinary labor, approximately 500 Cost Per Hour Total Cost D hours Hourly $ 34.70 $ 17 350M Note: The cost of the five hundred (500) hours of extraordinary labor will be added to the bid price when determining the overall low bidder ANNUAL AMOUNT: $ $343 762 00 (Per Year A + B + + D) TOTAL PRICE: $ $1,718,810.00 Five Year (60-month Aggregate) TOTAL OF SECTION A + B + C + D = BID AMOUNT ATTACHMENT NO.2 RESOLUTION NO. 2021-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHT-OF-WAYS, COMMERCIAL ZONES, PARKWAYS, AND OTHER AREAS) WHEREAS, the City Manager, on or about June 15, 2021, submitted to the City Council a proposed budget for the appropriation and expenditure of funds for the City for West Covina for Fiscal Year 2021-22; and WHEREAS, following duly given notice and prior to budget adoption, the City Council held public meetings, considered and evaluated all comments, and adopted a budget for the fiscal year commencing July 1, 2021 and ending June 30, 2022; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves Budget Amendment No. 016, attached hereto as Exhibit A, related to Gasoline Tax funds. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 21st day of September, 2021. APPROVED AS TO FORM Thomas P. Duarte City Attorney Letty Lopez-Viado Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-97 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 21st day of September, 2021, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk EXHIBIT A BUDGET AMENDMENT ATTACHMENT NO. 3 BUDGET AMENDMENT CITY OF WEST COVINA BUDGET AMENDMENT BA # 016 Posted By: Date Posted: Date: 9/21/2021 Fiscal Year: 2021-2022 Requested by: Mike Cresap Amount: 44,000.00 Dept/Div: Public Services Description: Gasoline Tax EXPENDITURES Account Number Dept/Account Description Current Budget Proposed Amendment Amended Budget 124.61.4141.6130 Gasoline Tax - Landscape Mainter 261 700.00 44 000.00 305 700.00 261 700.00 44 000.00 305 700.00 REVENUES Account Number Account Description Current Budget Proposed Amendment Amended Budget REASON/JUSTIFICATION (Please be specific) Add additional funds for increase in landscape maintenance due to new Medians contract. APPROVALS City Council Approval Date (if required, attach minutes): Dept Head Approval: Date: Finance Director: Date: Funds Available? ❑ Yes ❑No ❑ Approval Not Required City Manager: Date: (if over $100,000) ❑ Approved ❑ Denied