The URL can be used to link to this page

CC SR 20160802 S - Marina Landscape Services Agmt AmendmentsRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 08/02/2016 AGENDA HEADING: Consent Calendar Consideration and possible action to approve Amendments to two Landscape Maintenance Services Agreements with Marina Landscape Services, Inc. RECOMMENDED COUNCIL ACTION: (1) Approve the Fourth Amendment to the Agreement with Marina Landscape Services, Inc., for Landscape Maintenance Services for Parks (Parks) and authorize the Mayor and City Clerk to execute the Fourth Amendment to the Agreement with Marina Landscape Services, Inc. for park facilities; (2) Approve the Third Amendment to the Agreement with Marina Landscape Services, Inc., for Landscape Maintenance Services for Medians, Corridor Improvements, and Weed Abatement for Rights -of -Way (Streets) and authorize the Mayor and City Clerk to execute the Third Amendment to the Agreement with Marina Landscape Services, Inc. for street facilities; and, (3) Authorize the Director of Public Works to terminate both Agreements with Marina Landscape when the contract with Stay Green has been finalized. FISCAL IMPACT: This work is included in the adopted FY16-17 municipal budget. Amount Budgeted: $375,383, $164,000, $24,000 Additional Appropriation: None requested Account Number(s): 101-3009-431-43-00, 202-3003-431-43-00, 223-3-23-431-43-00 ORIGINATED BY: Sean Larvenz, Maintenance Superintendent REVIEWED BY: Michael Throne, PE, Director of Public Works APPROVED BY: Doug Willmore, City Manager'/ ` ATTACHED SUPPORTING DOCUMENTS: A. Fourth Amendment to Agreement between the City of Rancho Palos Verdes and Marina Landscape Services, Inc. for Parks (page A-1) B. Third Amendment to Agreement between the City of Rancho Palos Verdes and Marina Landscape Services, Inc. for Medians, Corridor Improvements, and Weed Abatement for Rights -of -Way (Streets) (page B-1) C. Agreement for Landscape Maintenance Services with Marina Landscape Services, Inc. for Parks (page C-1) D. Agreement for Landscape Maintenance Services with Marina Landscape Services, Inc. for Medians, Corridor Improvements, and Weed Abatement for Rights -of -Way (Streets) (page D-1) 1 E. Marina Landscape Services' Cost Proposal (page E-1) BACKGROUND AND DISCUSSION: The City has two separate agreements with Marina Landscape Services, Inc. (Marina) dated June 7, 2011 ("Agreements"). One is for the City parks and the other for the City's streets, which include medians, corridor improvements, and weed abatement in the public rights-of-way. The First Amendments to both Agreements were effective as of July 1, 2014, and extended the term of the Agreements for one year. The Second Amendments were effective as of July 1, 2015, and extended the term of the Agreements for one additional year. The Agreement for the parks had a Third Amendment approved that was effective as of August 24, 2015, and which expanded the scope of work for Trash Removal and Litter & Debris Collection (Attachment C). The two attached Amendments (Attachments A & B) are the last of the possible one-year extensions available under the original terms of the Agreements. Additionally, Marina has submitted a proposed increase of approximately 3.7% in its monthly rates. This is Marina's first price increase since the beginning of the contract in 2011. The new monthly total will be $33,833. The estimated total monthly increase of $1,235 will not need a budget adjustment. Contract Current New Proposed Monthly Rate Monthly Rate Monthly Rate Increase Parks, Trails and Open Spaces $18,674.61 $19,791.47 $1,116.86 (Parks) Medians/Corridors/Weed $13,923.85 $14,041.24 $ 117.39 Abatement (Streets) Totals $32,598.46 $33,832.71 $1,234.25 Marina provides numerous services to the City, including park landscape and turf maintenance, median maintenance, trash and debris collection at parks and in the City's rights-of-way. They are familiar with the City's operations and needs, and work efficiently and effectively. The City Staff has a good working relationship with Marina's staff and management, and is pleased with their quality of work and timely response. The Third and Fourth Amendments are for a not -to -exceed six-month extension until January 31, 2017. The City is currently negotiating a contract with Stay Green which would replace these two contracts with Marina. The Amendments requested allow the time necessary to review and finalize the contract with Stay Green, and then present it to the City Council for review. The City Attorney and Staff anticipate this process to take between three to six months. 2 ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Reject the Amendments for the time extensions and go out to bid. 2. Take other action, as deemed appropriate by the City Council. 9 FOURTH AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE SERVICES, INC. This agreement is the Fourth Amendment to the landscape maintenance services agreement for City parks between the City of Rancho Palos Verdes ("City") and Marina Landscape Services, Inc. ("Contractor") dated June 7, 2011 ("Agreement"). The First Amendment, which was effective July 1, 2014, extended the term by one year. The Second Amendment to the Agreement which was effective as of July 1, 2015 extended the term of the Agreement for an additional year. The Third Amendment to the Agreement which was effective as of August 24, 2015 expanded the scope of work for trash removal and Litter & Debris Collection. The Fourth Amendment to the Agreement is effective as of August 3, 2016 and is being made to extend the term of the Agreement and increase the monthly compensation. Section 1. Section 4 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on July 1, 2011, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than January 31, 2017, unless sooner terminated pursuant to Section 5 of this Agreement." Section 2. Section 2 of the Agreement is hereby amended to read as follows: "Compensation. In consideration of the services rendered hereunder, Contractor shall be paid a not to exceed monthly amount of $19,791.47 (Nineteen Thousand Seven Hundred and Ninety One Dollars and Forty Seven Cents) in accordance with the prices as submitted in the Contractor's Proposal, and the Contractors Proposal for contract extension for Right of Ways, Parks, Trails and Open Spaces, attached hereto as Exhibits "A" & "B" and incorporated herein by this reference. Section 3. Except as expressly amended by this Fourth Amendment to the Agreement, all of the other provisions of the Agreement, as amended, shall remain in full force and effect. A-1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. ATTEST: City Clerk CITY OF RANCHO PALOS VERDES ("CITY") Mayor MARINA LANDSCAPE SERVICES, INC. Signature: Printed Name: Title: Signature: Printed Name: Title: A-2 CITY OF RANCHO PALOS VERDES BID SHEET NAME OF COMPANY: Maf,'116� La0,45r,-ipt , >Lne, To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as LANDSCAPE MAINTENANCE FOR PARKS AND TRAILS in accordance with the specifications and plans in the Contract Documents which are on file in the Public Works Department of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following places and prices: DID SCHEDULE >> ITEM MONTHLY ANNUAL NO. DESCRIPTION, UNIT COST COST DID CATEGORY 1 PARKS X X 1 HESSE PARK (UPPER SECTION) $ ✓� gad $,�� 10.40 acres —� 2. PARK (LOWER SECTION) H9 $ !_? $ t, qqo acresSSE 3 ROBERT E. RYAN PARK $ �J$ �r� � � 11.0 acres 4 CITY HALL $ $ --� 8.25 acres 5 ABALONE COVE (UPPER AND LOWER AREA) $ ,� $ D� 46.84 acres 6 CLOVERCLIFF PARK $ $ ?0 0.17 acres 7. EASTVIEWPARK $ �o $ no 9.90 cres 8 DEL CERRO PARK $ ` $ 3k0 4.50 acres �- 9 LADERA LINDA COMMUNITY CENTER PARK $ -71d $ - 6 11.0 acres —I- 10. VANDERLIP PARK $ 0.48 acres 11. SHORELINE LOOKOUT POINT $ 10 $ — -- 0.1 acres PALSO VERDES DRIVE SOUTH AT PALOS X16 12. VERDES DRIVE EAST ROADSIDE PARK $ $� 0 0.80 acres SUB TOTAL BID CATEGORY 1 - PARKS $� CIO $ 21f0 3/19/2008 A-3 P -3A JHOURLY CHARGE FOR EXTRA WORK LABOR ($ /HR; 20 I -IRS ESTIMATED/MO.) X X EXTRA WORK AREAS ADDED TO X X 1. CONTRACT ($ �0 /SQ.FT.) $ �56 $ (""DD 2. PERCENT MARKUP FOR EQUIPMENT Jim %) X X SUB TOTAL BID CATEGORY 1 - PARKS, AMOUNT IN WORDS: iq/t� �rhrAj�,,? IWC f!✓t✓Ida d l --,q'1 / ITEM NO. DESCRIPTION, UNIT MONTHLY COST ANNUAL COST BI® CATEGORY 2 -TRAILS X X 1. CREST RANCH TRAIL (500 FT.) . $ �56 $ (""DD 2. CROOKED PATCH TRAIL (3,600 FT) $ -5(,5 $ 2�6 3. EAST CREST ROAD TRAIL (400 FT.) $ 1-I5 $ 4 FORRESTAL ROAD EXTENSION TRAIL (500 FT.) $ 5o $ oo 5. GOUCHO TRAIL (20 FT.) $�� 6. KAJIMA TRAIL (200 FT.) $ $' 7. LADERA LINKA WALKING TRAIL (300 FT.) $ $ 1' 8. MCBRIDE TRAIL (5,500 FT.) $_. $ 9. MARTINGALE TRIAL (100 FT.) $ a $ :506 10. PORTUGESE POINT TRAIL (600 FT.) $ ('06 $ -7d0 11. PT. VECENTE STAIRWAY (100 FT.) $�� $ -300 12. S & S OVERLOOK AND TRAIL (300 FT.) $ 3C) $ 3&o 3/19/2008 P - 4A A-4 TRAIL (1,200 FT) 13.ETRAMONTO $ I JU $ �, �&p 14. TRAIL (400 FT.) $ �'� $ 6q 15, VANDERLIP TRAIL (1,500 FT.) $ jJt1 $-1 p&00 16. WALLACE RANCH TRAIL (100 FT.) $ $ :-g6' 0 SUB TOTAL FOR BID CATEGORY 2 TRAILS$ �� CD �� $�6`� HOURLY CHARGE FOR EXTRA WORK LABOR ($ 7-0 /HR;ESTIMATED 10 HRS/MONTH) X X EXTRA WORK FOR AREAS ADDED TO CONTRACT ($ eco l /FT OF TRAIL) X X PERCENT MARKUP FOR EQUIPMENT% X X SUB OTAIL BID CATEGORY 2 — TRAILS, AMOUNT IN WORDS: ITEM DESCRIPTION UNIT ESTIMATE® ANNUAL NO. PRICE ANNUAL COST HOURS HI® CATEGORY 3 - X X X IRRIGATION 1' LABOR TO REPAIR IRRIGATION $ /HR 300 $� qv SYSTEM SUB TOTAL FOR BID $�� $� CATEGORY 3 — IRRIGATION 2 PERCENT MARKUP FOR $ X X EQUIPMENT SUB TOTAL BID CATEGORY 3 — IRRIGATION, AMOUNT IN WORDS: ��i I' p0 0 Nvtgdo of 3/19/2008 Y - 5A A-5 BID SUMMARY CATEGORY ANNUAL COSTS SUB TOTAL BID CATEGORY 1 — PARKS $ 1516 zi 0 SUB TOTAL BID CATEGORY 2 — TRAILS $ 0 qc> SUB TOTAL BID CATEGORY 3 — IRRIGATION $ q 4 qO() BASE BID TOTAL ANNUAL COSTS $ 11611 0 BASE BID TOTAL AMOUNT IN WORDS: 0o Llec1 e- 1) e fl fftAildre'l 3/19/2008 A-6 P -GA Exhibit B Jkiy 1, 2016 e1�IleSSss ars4r+ rnnlml Ciky of Rancho Palm Verdes Attn: Sean Larvenz Rancho Palo Verdes CA_ 90275 The following Proal is for the extension of maintenance servicts;-L a ra nteed r- ugh October Ie 2016_ New pridW is:asfallowsand will be effective 911/2O16: • Month by W iartenance services for the Parks $19,791..47 + Monthly Maintenance services for the Rot of Ways $14,041.24 *Marina Landscape Maintenance will hood pricing for an additional 3 months through the end of January 2017_ City of Palos Verdes must give Marina a 30 day notice upon termination of this agreernent_ Total Monthly - $ 33,832.71 Authorized Signature Darin Shock NOTE: Marina may withdrarw►r this proposal if not Accepted within 30 days. Acceptance of Proposar: The atrave prices, spec fica-zions and conditions are satisfactory+ and are hereby accepted. You are authorized to do the work as specified_ Payment wil I tie made as outlined abme_ iJate of Acceptance FAARINA LANDSCAPE, ■iC s Efiri5 Lavin ice! - Avahaim_CA92K45 v T14,939 7C f 714 035 1199 w Comma "a2BE2-_AAB A-7 THIRD AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY MEDIANS, CORRIDOR IMPROVEMENTS, AND WEED ABATEMENT FOR RIGHTS-OF-WAY BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE SERVICES, INC. This agreement is the Third Amendment to the landscape maintenance services agreement for City medians, corridor improvements, and weed abatement for rights-of- way between the City of Rancho Palos Verdes ("City") and Marina Landscape Services, Inc. ("Contractor") dated June 7, 2011 ("Agreement"). The First Amendment, which was effective July 1, 2014, extended the term by one year. The Second Amendment to the Agreement which was effective as of July 1, 2015 extended the term of the Agreement for an additional year. The Third Amendment to the Agreement is effective as of August 3, 2016 and is being made to extend the term of the Agreement and increase the monthly compensation. Section 1. Section 4 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on July 1, 2011, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than January 31, 2017, unless sooner terminated pursuant to Section 5 of this Agreement. Section 2. Section 2 of the Agreement is hereby amended to read as follows: "Compensation. In consideration of the services rendered hereunder, Contractor shall be paid a not to exceed monthly amount of $14,041.24 (Fourteen Thousand and Forty One Dollars and Twenty Four Cents) in accordance with the prices as submitted in the Contractor's Proposal, and the Contractors Proposal for contract extension for Right of Ways, Parks, Trails and Open Spaces, attached hereto as Exhibits "A" & "B" and incorporated herein by this reference. Section 3. Except as expressly amended by this Third Amendment to the Agreement, all of the other provisions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. ATTEST: City Clerk CITY OF RANCHO PALOS VERDES ("CITY") Mayor MARINA LANDSCAPE SERVICES, INC. Signature: Printed Name: Title: Signature: Printed Name: Title: PRICING CONTINUED Please list the unit price, EXCLUDING part/material costs, for the following tasks. These rates will not be used in evaluating the bid, but may be used in evaluating cost estimates for additional work requested by the City under this contract. P-5 B_3 EXTENDED LINE DESCRIPTION UNIT OF UNIT PRICE QUANTITY PRICE MEASURE (unit price x uantit 1 1 square foot 500 sq. ft. Price for landscaped to n� median maintenance with , d� . m-- turf. 2 1 square foot 1000 sq. ft. Price for landscaped median maintenance for shrubs and ground cover. 3 1 square foot 500 sq. ft. Price for landscaped, irrigated S D slope 601„ • maintenance. 4 One gallon (5) Five Installation of shrub, one I1� 0 C) °f' gallon container. 5 Five gallon (5) Five Installation of shrub, five gallon container. �r <l Z` ��✓O X22, 50- 6 24 inch box (2) Two Installation of tree 24 inch box trees l4Sb container.S �n rr 7 15 gallon tree (2) Two Installation of tree 15 Z5® 50a gallon container P-5 B_3 Please list the various skill levels and hourly costs to be used in performing the work required in the specifications for annual landscape maintenance. These rates will not be used in evaluating the bid, but may be used in evaluating cost estimates for additional work requested by the City under this contract. Skill Level cost After hour emergency rate Irrigation specialist ,tHourly Irrigation assistant35�O Certified ArboristH Laborer Crew foreman Supervisor Chemical applicator% 7(7 Please list the unit cost, EXCLUDING part cost, for the following tasks. These rates will not be used in evaluating the bid, but maybe used in evaluating cost estimates for additional work requested by the City under this contract. All irrigation pipe repairs are required to be schedule 40 pipe. Task Repair irrigation lateral leak pipe (10 -feet) and two fittings Repair irrigation main line break (10 -feet) of pipe and three fittings Replace broken irrigation pipe -10' section sch. 40 pipe Replace sprinkler and nozzle head- Rain Bird 1800 series Replace sprinkler head rotor and nozzle- Hunter 1-25 Replace irrigation controller -Rain Master Eagle I with SSE Replace remote control valve 1-1/4- inch superior 950DW Replace remote control valve 1-1/2 inch superior 950DW Replace remote control valve 2 -inch superior 950DW P-4 Unit cost /�ly� A100 E3t��_� 0150 0(1175 lf�7 7.r, 11 10:26 13108445252 PUBLIC WORKS PAGE 04106 THE CITY OF RANCHO PALOS VERDE$ �APNIAI- BID SHEET NAME OF COMPANY: LWQ-5c--kyrs lr j L To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Seated Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as LANDSCAPE MAINTENANCE FOR CITY MEDIANS, CORRIDOR IMPROVEMENTS, AND WEED ABATEMENT FOR RIGHTS -OF WAY in accordance with the specifications and plans in the Contract Documents which are an file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices- AREAS/LOCATIONS, MONTHLY RATE ANNUAL COST 1. CITY MEDIANS $ 2. CAL -TRANS MEDIAN AND PARKWAY See exhibit B, Western Avenue,6 Items 11 and 21 3. WEED ABATEMENT RIGHTS-OF-WAY $1,�'�3 , -76 4. CORRIDOR IMPROVEMENTS See exhibit 8, item 6, Palos Verdes Drive $ 2>14 b? South to Forrestal Dr., and items 23, and 24. 5. 6. $ ffi Total annual cost for items 1 thru 4 [ L4 '6.40'30 �� $ . USD Please enter total 'fatal for Mase Bid in Wards i-4 : dry ND -r--9 & -E i t ty %JkArS � 2't bo P- 3 (A) Exhibit B UUMMMI so CVU**Q PF mrk,L-cape emnelru"IM ten pe rmadwonca July leinS%mpa ®"c-All"duh! arrGn rn4rS�l City of Rancho Palos Verdes Atm: Sean Larvenz Rancho Pala Verdes CA_ 90775 The following proposal is forthe extension of maintenance services guaranteed through October 3f, 2016. New pricing is as follows and will be effective 811/2016= • Monthly Maintenance services for the Parrs $ 19,791.47 Monthly Maintenance services for the Right of Wl ays $ 14,041.24 • Marina Landscape Mairtena.nice will hoW pricing for an additional 3 months through the end of January 20.17. City of Palos Verdes must give Marina a 3C day notice upon termination of this agreement Total lMlonthly- $ 33,832.71 Authorized Signature Darin Shedock NOTE: Marina maywith draw this proposal if not Accepted within 3& days_ Acceptance of ProposaG. The above prices, specifications and conditions am satisfactory and are hereby accepted. You are authorized to clothe work as specified_ Paymentwill be made as outlined above_ Sigl l atu Date of Acceptance MARINA LANDSCAPE. INC. pK. 0 S. Lewis St -a -c-. - Anaheim, CA 92805 P 714-939,WO f 7'4,935=1799 w otrriwo,00m - Lk*e2" N492N2.A. D.Q27.C56 • 0 CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF RANCHO PALOS VERDES PARKS THIS AGREEMENT is made and entered thisl 5 %� day of J'u 1 y , 2011, by and between the CITY OF RANCHO PALOS VERDES, hereinafter referred to as "City," andMar1%4 Lawdsc�dphaeinafa referred to as "Contractor." In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF RANCHO PALOS VERDES PARKS, as described in the Bid Documents (including Notice to Contractors, Instructions to Bidders, General Provisions, Special Provisions, Technical Special Provisions, Proposal, Contract, and Exhibits), which are attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in a good and workmanlike manner, under the terms as stated herein and in the Bid Documents. Such work shall also be performed in accordance with the 2009 edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association and the Associated General Contractors of America document, including the 2011 Cumulative Supplement, collectively entitled "Standard Specifications," which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any of the above -referenced documents, the terms of this Agreement shall be controlling. 2. Compensation. In consideration of the services, rendered hereunder, Contractor shall be paid a not to exceed amount ►CV41 Mars ($ t4O ,3SQ, 24) in accordance with the prices as submitted in Contractor's Propo al, attached hereto as Exhibit `B" and incorporated herein by this reference. The City shall compensate Contractor as stated in this Agreement and in Exhibit "A." 3. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. 4. Term. This Agreement shall commence on JcA � y k i , 2011 and shall remain in effect until the tasks described herein are complete City's satisfaction and approval, but in no event later than Ju r. 3 p , , 2011, VMS sooner terminated pursuant to Section 5 of this Agreement. Additionally, there shall be three (3) one-year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less. 5. Termination. This Agreement may be terminated by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. 6. Time. Time is of the essence in this Agreement. 7. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in C-1 C-1 Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and the provisions of Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 are incorporated herein. 8. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 9. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 10. Antitrust Claims. Pursuant to Public Contract Code Section 7103.5, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 11. Utilities. Pursuant to Government Code Section 4215, the City acknowledges its responsibilities with respect to locating, relocating, removing or protecting utility facilities on the site of the Project, if it entails construction and such utilities are not identified by the City in writing by the time of execution of this Agreement. The City shall compensate Contractor for the costs of relocating and repairing damage not due to Contractor's failure to exercise reasonable care, removing or relocating such utility facilities not indicated in writing with reasonable accuracy, and equipment on the Project necessarily idled during such work. The City shall not assess liquidated damages to the Contractor for delay in completion of the Project when such delay was caused by the owner of the utility to provide for removal or relocation of such utility facilities. C-2 C-2 12. Location of Existing Elements. Pursuant to Government Code Sections 4216 to 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 13. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this subsection. Each party shall advise the other promptly in writing in accordance with Section 29 of this Agreement and Section 9 of the General Provisions in Exhibit "A" of each such excusable delay, its cause and its expected delay, and shall upon request update such advice. 14. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 15. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 16. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." C-3 C-3 17. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local regulations and ordinances. 18. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 19. Bonds. Contractor shall obtain faithful performance and payment bonds as required by law, and nothing in this Agreement shall be read to excuse this requirement. The documents titled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. 20. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 21. Third Pg!y Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third -party claim, relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 22. Applicable Law. Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 23. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. 24. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 25. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 26. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 27. Non -waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of C-4 C-4 performance under this Agreement. In no event shall the making by the City of any payment to Consultant constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29. Notice. Except as otherwise required by law, any notice or other communication required or permitted to the City shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to the City at the address stated below, or at such other address as the City may hereafter notify Contractor in writing: To CITY: Mr. Ray Holland, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 The address given in the Contractor's Proposal is the place to which all notices to the Contractor shall be mailed or delivered. Contractor shall notify the City of any change of address until the expiration of this Agreement. If sent by mail, any notice or other communication shall be deemed effective three (3) business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, state, County of Los Angeles or City holidays shall be excluded. [signatures on next page] C-5 C-5 • r] IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. ATTEST: By: City Clerk CIT LE CONT TOR. By: Printed Name:J Uv Date: /Q 11's 1 C-6 C-6 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Cojstsact/Agee ViicensdPemu( No, car description: ndemrlitor(s) (list all names). May, r�x� LA, P6(3 e ---P) C To the fullest meat per fitted by into Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the .1 L kaxLln and its elected ol5cials, officers. attorneys, ager , employees, volunteers, successors, and assigm {Oollectively "Inde miritees') from and against any and all damages, costs, expenses, liabilities- clabM demands, cari`5e s of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature svhaetsoever, including fees Of accountards, attorneys, or other profess onab and all casts associated therewith (collectively "Liabilities'), arising or claimed to arise, directly or indirectly, out of, in comicetion with, restating f ti n. air relater) to any act, failure to act, errtzr, or omission of indonm itor or any of its officers, agents. servanm employees, suab rs. materielrnen, suppliers or their officers, agents. servants or employees, arising or claimed to arisd 1 %b l or indirectly, out of, in connection with, resulting from, or related to the above -referenced comact, affawienL license, or permit (the "Agreement') or the performance or failure to perform any t=. provision, Cv4!marst,.or condition of the Ag eat including this indemnity provision. This indem maty provision is effective re pall=s of any prior, coneutrettt, or subsequent active or passive negligence by Indemratees and droll operate to fitlly indemnify Iuadernrnitees against arty such negligence, This indemnity provision shall survive the tt�aimn of the Agreement and is in addition to any other rights or remedies which Tnuemnitem may have "At law, Payment is not required as a condition precedent to an Indemnitese's right to recover under t Ituttiaity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the IndeMioWs right to recover under this indemnity provision. Indamnitor shall pay irndenwitees for any attorneys few=, d.costs iamTed in eenforciag this indemnification provision, Notwithstanding the. foregoing, nothing in this ins shall be constr aed to a ncompass (a) Indenuiitees' soles negligence or willful misconduct to the limited e:xteet that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underhang Agreeamt is subject to Civil Code § 2782(b). Trois indamtity Is eff'ectivt without reference to the existence or applioability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemustees. Indenruiitoron behalf of itself and all parties claiming under or through it. hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties. from all claims, Josses and liabilities arising out of or incident to activities or operations performed by or on behalf of the ltuiernnitor regardless of any prior, corncuarrerit, or subsequent active or passive negligence by the indemnitees. In the event there is more than one person or entity named in the Agreement as an indemnitor, then all obligations. liabilities. covenants and conditions under this instturntnt shall be joint and several. "Indemnitor„ ..................... . Name )._ ?f' l t)n Name � s v: Bv- xis �'�l° cit-- Its Sle RICHARDS, WATSON B GERSHON Page 1 of I INDEMNIFICATION 8 HOLD HARW&ESS/ 01902 921026 oap 02014542 WAIVER OF SUBROGATION d CONTRIBUTION C-7 I 0 • FIRST AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE SERVICES, INC. This agreement is the first amendment to the landscape maintenance services agreement for City parks between the City of Rancho Palos Verdes ("CITY") and Marina Landscape Services, Inc. dated June 7, 2011 ("Agreement"). This first amendment to the Agreement is effective as of July 1, 2014 and is being made to extend the term of the Agreement for one year. Section 1. Section 4 of the Agreement is hereby amended to read as follows: Term. This Agreement shall commence on July 1, 2011, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than June 30, 2015, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, there shall be two (2) one-year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less. Section 2. Except as expressly amended by this first amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. ATTEST: By: City Clerk 1720362 CITY OF RANCHO PALOS VERDES 1-- • • SECOND AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE MAINTENANCE, INC. This agreement is the Second Amendment to the landscape maintenance services agreement for City parks between the City of Rancho Palos Verdes ("City") and Marina Landscape Maintenance, Inc. ("Contractor") dated June 7, 2011 ("Agreement"). The First Amendment, which was effective July 1, 2014, extended the term by one year. This Second Amendment to the Agreement is effective as of July 1, 2015 and is being made to extend the term of the Agreement for an additional year. Section 1. Section 4 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on July 1, 2011, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than June 30, 2016, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, there shall be one (1) one-year option to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less." Section 2. Except as expressly amended by this Second Amendment to the Agreement, all of the other provisions of the Agreement, as amended by the First Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF RANCHO PALOS VERDES («CIV„N 1720362 C-9 1720362 MARINA SERVICE Signature Printed N Title: Signature 0-15 C-10 THIRD AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE 95, INC. M Ai Nte►+ft"Le This agreement is the Third Amendment to the landscape maintenance services agreement for City parks between the City of Rancho Palos Verdes ("City") and Marina Landscape Services, Inc. ("Contractor") dated June 7, 2011 ("Agreement"). The First Amendment, which was effective July 1, 2014, extended the term by one year. The Second Amendment to the Agreement which was effective as of July 1, 2015, extended the term of the Agreement for an additional year. This Third Amendment is effective as of August 24, 2015 and is being made to expand the scope of work for Trash Removal and Litter & Debris Collection. Section 1. Section 2 of the Agreement is hereby amended to read as follows: "Compensation. In consideration of the services rendered hereunder, Contractor shall be paid a not to exceed amount of two hundred and twenty-three thousand, ninety- one dollars and twenty-four cents ($223,091.24) in accordance with the prices as submitted in the Contractor's Proposal, and the Contractors Proposal for expanded trash and debris removal services for Right of Ways, Parks, Trails and Open Spaces, attached hereto as Exhibits A and B and incorporated herein by this reference." Section 2. Section 12 of the Technical Special Provisions of the City of Rancho Palos Verdes Bid Document for Landscape Maintenance Services for the City of Rancho Palos Verdes Parks, which are incorporated into the Agreement by reference, is hereby amended to read as follows: 12 GENERAL CLEAN-UP 12.01 Contractor shall perform at his sole expense the following services: a. Trash Removal. Remove trash from all assigned receptacles and replace trash bags (Trash bags provided by Contractor) once, daily, Monday through Friday, and twice daily on Saturdays, Sundays and designated Holidays. This effort shall include policing of the grounds served by the trash receptacles, to include the entire extent of the area within the Contractor's area of responsibility. In addition, pet feces are to be removed from walkways located within assigned sites. 1. Contractor shall fill all pet waste bag dispensers as needed to ensure an adequate supply of pet waste bags are available for public use at all times (bags City provided). b. Litter and Debris Collection. All Parks and Right of Way areas within the Contractor's area of responsibility shall be patrolled for litter and debris daily. C-11 Contractor shall respond to calls to collect litter and debris within all City Parks, Open Spaces and Rights of Way within 24 hours of notification. Performance Standards a). Upon completion of trash and debris removal from a given location, the site shall be free of all trash and debris. b). No trash or debris shall remain at a given location for greater than 24 hours. c). Performance shall be documented by City employees by photographic means. Photographic evidence of specific trash or debris at a given location in excess of the 24- hour time period established, shall constitute a non-conformance with the Specification and shall result in the City withholding and or deducting payment to such extent as may be necessary to protect the City from loss due to work required in the Scope of Work, which is defective, incomplete or not performed. These actions shall not be construed a penalty but as an adjustment of payment to the contractor for only the work actually performed, or as the cost of the City for inspection and other related costs from the failure of the Contractor to complete the work according to schedule. In the event the Contractor determines that specific litter or debris cannot be collected within the allotted 24-hour period, due to the volume or nature of the debris, the Contractor shall notify the Maintenance Superintendent in writing prior to the expiration of the initial 24-hour period; listing the location, type of liter or debris, reason for the delay, and provide the Maintenance Superintendent with No Later Than (NLT) date and time for the collection of the material." Section 3. Except as expressly amended by this Third Amendment to the Agreement, all of the other provisions of the Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. [signatures begin on next page] C-12 CITY OF RANCHO PALOS VERDES ("CITY") By: 'I,/ 4�� 'Major MA1N;�A�'c.E MARINA LANDSCAPE , INC. By: i �, Printed Name: guy),fA/ CJ. Lt�,tlas'1 ATTEST: Title: .E��'1.L��-!>�'1 By: 7 `� City Clerk By: APPROVED AS TO FORM: in City Attorney Printed Name: 113 &A Title: R Aec C-13 EXHIBIT A PROPOSAL THE CITY OF RANCHO PALOS VERDES LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF RANCHO PALOS VERDES PARKS TO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES The undersigned, as bidder, declares that; (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed worts; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter Into a contract with the CITY COUNCIL of the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications. In the time and manner therein prescribed, and to furnish or provide all rnatedals, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump -sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal is SIO gib -N-) (Insert "$ ko /- -;TA1 {ijy7 cash,"'Cashler's Check," "certified check," or "Bid Bond," as the case may be) In the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter, defaults in executing the required contract, with necessary bonds and documents, within ten (10) days, not Including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. Licensed in accordanc w an act providing for the regi atio o contractors, California Contractor's License N, Class MIC Expiration Date; & z - /y9 O Signature(s) of bidder: it'an individual, so state. If a firm or co -partnership, state t ' m name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also narnes of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. P -] C-14 Legal Business Name: �AMWk C-4�-% 1m[, - Address: VkOD '' - t6 t06 !r &AAfCOti, CAAS-`66c, Telephone: C-114> ctbb0 Contact: Mlk%" Proposals, which do not show the number and date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code, will be rejected. To be submitted with each bid to contract for The City of Rancho Palos Verdes landscape Services for The City of Rancho Palos Verdes Parks. Bid Date t�LZ3i►L This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last rive calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporate or Individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration In evaluating the safely record. An explanation must be attached of the circumstances surrounding any and all fatalities. P-2 C-15 PRICING CONTINUED Prlcina and BIIIIna Schedule Detail Please list the various skill levels and hourly costs to be used In performing the work required In the specifications for annual landscape maintenance. These rates will not be used in evaluating the bid, but may be used in evaluating cost estimates for additional work requested by the City under this contract. Skill Level Hourly cost After hour emergency rat Irrigation specialist # qO Irrigation assistant 0 5-r2 # -7 C2 Certified Arborist f q'� -e IV Laborer Sr Z`{ .yid �n Crew foreman # -to Supervisor�� Chemical applicator Please list the unit cost, EXCLUDING part cost, for the following tasks. These rates will not be used in evaluating the bid, but may be used in evaluating cost estimates for additional work requested by the City under this contract. All irrigation pipe repairs are required to be schedule 40 pipe. Task Unit cost P qf. Repair Irrigation lateral leak pipe (10 -feet) and two fittings Repair irrigation main line break (i 0 -feet) of pipe and three fittings 41bo Replace broken irrigation pipe -10' section sch. 40 pipe Replace sprinkler and nozzle head- Rain Bird 1800 series �1 Replace sprinkler head rotor and nozzle- Hunter 1-25 Replace Irrigation controller -Rain Master Eagle i with SSE�>d Replace remote control valve 1-1/4- inch superior 950DW W- Replace remote control valve 1-1/2 Inch superior 950DW ;� Replace remote control valve 2 -Inch superior 950DWZZ j P-4 C-16 1720362 0 MARINA LANDSCAPE MAINTEN) Signature.- Printed ignature: Printed Na Title: President Signature: Printed Name: Title: SLC4C2�a J.m_ C-17 STAFF AND EQUIPMENT Provide information on the certified arborist, chemical applicator, Irrigation specialist, crew foreman, including name, certification and whether staff or subcontractor. Staff Trade and skill level ViG1M C--0441' CZAL. �t�i►� L��.c.:o,G..C..G.A �w�c. ItiR.T� svV"-rico Oiz"-40 CrDAt—") W i wi amens , C�n� kris �1tbb`ia� Equipment Make and model Description P-6 Number of staff Z"" 5r Zo�v Sri Number C-18 INFORMATION REQUIRED OF BIDDER The bidder Is required to supply the following information: (Additional sheets may be attached if necessary.) (1) Address: Jg0Q S. L*WtS 711MT, N i F �AGi2`X5 (2) Telephone: (1I9) 13OL- 6600 (3) Type of firm - Individual,, Partnership, or Corporation: r!,otr-D oRn.rtor� (4) Corporation or anized under the laws of the State of �i�OR.ni,'A (5) Contractor's license number and class: (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: (7) Number of years experience as a contractor in construction work V2 (8) List at least five similar projects completed as of recent date: Contract Amount Class of Work bate Comoleted Name, Address of Owner, & Telephone Number P-7 C-19 (9) List the name and address of such subcontractor who will perform work in or about the work of improvement and Indicate what part of the work will be done by each such sub- contractor (if there are more than two sub -contractors, attach a separate sheet): NAME N 1 ik TYPE OF WORK ADDRESS License # & Class NAME j!I� TYPE OF WORK ADDRESS License # & Class (10) List the name of the person who Inspected the site of the proposed work for your firm: �.►�1i oa—��A�T�tka1� � ist4t' H� (11) NOTE: Upon request of the Redevelopment Agency, the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other Information. (12) Bidder shall be properly licensed in accordance with Business and Professional Code Section 7028 at the time of the Business and Professional Code shall be considered non- responsive and his bid shall be rejected. P -S C-20 (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not Invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section If the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed In accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors State License Board Indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's Slate License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 4ggt4� Class: ��LZ'1,C,'//56, ((AIVgot Expiration Date: Date: 2o�tl Signature: C-21 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Record Last Five (5) Full Years: Year of Record 20t o 20Q 20 � 200° 201Q Total Current Year 1. No. of contracts r7� i3 — -6 <c2 �0 -?`6Z Qvr`a ?vs� 2. Total dollar amount of contracts (in thousands of q�y�y�L ZD,�I sr i� �� yZ,Zlt �{4"000 I *3. No. of fatalities D d D v *4. No. of lost workday cases g { g ( Z 43 *5. No. of lost workday cases involving permanent transfer to another job or termination of employment (o (t t Z 7 The information required for these items is the same as required for Columns 3 to 6, Code 10, Occupational Injuries, Summary -Occupational Injuries and Illnesses No. 102. The above information was compiled from the records that are available to me information is true and - accurate within the [imitations of those records. nA stkfe �oc. Name of Bidder (print) Roo S. bevjks Address -1z%oc, City Zip Code P -I2 at this timdeclare under penalty of perjury that the e, Si ature State Contractor's Lic.# & Classification Telephone C-22 "Principal" Marina Landscape, Inc. By: R-WOV CoWa��7W�jt>t,.tc By: Its (Seat) "Surety" Berkley Regional insurance Company By; A2� /C /, � Its Mat,OfKw J. Coats, Attomey in Fact By: Its Note: This bond must be dated, all signatures must be notarized, and evidence o/ the authority of any person 319),rtng as attorney -h -fact must be altachcd. SPCO2-16 Rcv ised 2.9.04 P- ]4 C-23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On MAY 18 2011 before me, Adelaide C. Hunter, Notary Public (insert name and tide of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ishme subscribed to the within instrument and acknowledged to me that hefshcMvey executed the same in hisAmMeir authorized capacity0cs), and that by hisfherkheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ADELAIDE C. HUNTER Commission k 1808793 �► Notary Public •- California - Orange County Signature •� r 4 Comm. Ex ares Aug6.2012 C-24 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Public Contract Code 7106) State of California ) ) ss. County of Los t.N S } LQ§q1 C -OW A,+J , being first duly sworn, deposes and says that he or she is �V� PwT the party making the foregoing bid, that the bid is not made In the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or Indirectly induced or solicited any other bidder to put In a false or sham bid, and has not directly or Indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not In any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained In the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid nd will not pay, any fee to any corporation, partnership, company association, organization, bid d pository, or to any member or agent thereof to effectuate a collusive or sham bid. (( ��' Signature Subscribed and sworn to before me on s Set- ATT"rp (Dere) (Notary Seal) SPCO2-16 Revised 2.9.04 P - is Signature Notary Public C-25 EXHIBIT B MAIUNJ�* July 13, 2015 City of Rancho Palos Verdes Attn: Sean Larvenz Rancho Palos Verdes, CA. 90275 The following is the detailed hourly rates for the expanded trash and debris removal services for Right of Ways, Park Trails and Open Spaces: • Standard Hourly Rate $24.50 • Overtime Hourly Rate $36.75 • Double Time Hourly Rate $49.00 Authorized Signature Darin Sherlock NOTE: Marina may withdraw this proposal if not Accepted within 30 days. MARINA LANDSCAPE, INC. 1900 S. Lewis tweet • Anaheim, CA 92005 p 714.939.6600 f 714.935.1199 w ma,inaw-com • License #4921262, A, 0,C27, C36 C-26 II -!39064 r4 S State of California •.: Secretary of State Statement of Information ' (Domestic Stack and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. if amendment, see instructions. IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM ED In the ofte off t'he SKMtary of State 1. CORPORATE NAME Of theStste Of CelitDrtua Marina Landscape, Inc. AUG 2 9 2011 This Space for Filing Use Only ue Data: om tete Addresses for the Followin Do not abbreviate the name of the cit . Items 2 and 3 cannot be P.O. Boxes.) 1,2C"900 STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE S. Lewis St. Anaheim CA 92805 3. STREET ADDRESS OF PRINCIPAL BUSINESS IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 1900 S. Lewis St. Anaheim CA 92805 4, MAILING ADDRESS OF THE CORPORATION, IF DIFFERENT THAN ITEM 2 CITY STATE ZIP CODE Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added; however, the preprinted titles on this form must not be altered.) 5. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE Robert B. Cowan 1900 S. Lewis St. Anaheim CA 92805 e. SECRETARY ADDRESS CITY STATE ZIP CODE Robert 8. Cowan 1900 S. Lewis St. Anaheim CA 92805 7. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE Teri Nguyen 1900 S. Lewis St. Anaheim CA 92805 Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one director. Attach additional pages, if necessary.) S. NAME ADDRESS CITY STATE ZIP CODE Robert B. Cowan 1900 S. Lewis St. Anaheim CA 92805 9. NAME ADDRESS CITY STATE ZIP CODE 10. NAME ADDRESS CITY STATE ZIP CODE 11. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY: U Agent for Service of Process (if the agent is an individual, the agent must reside in California and Item 13 must be completed with a California street address (a P.O. Box is not acceptable). If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 13 must be left blank. 12. NAME OF AGENT FOR SERVICE OF PROCESS Robert S. Cowan 13. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 1900 S. Lewis St. Anaheim CA 92805 Type of Business _ 14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION Landscape Construction 15, BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORP RATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT. 8124111 Robert B. Cowan President DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE URE SI -200C (REV 102010) APPROVED BY SECRETARY OF STATE C-27 Resolution to Sign Contracts, Bid Documents and Bid Bonds Whereas, the Corporation requires an additional person as the Corporate Assistant Secretary for signing and executing the Contracts, Bid Documents, and Bid Bonds in the absence of the Secretary. Whereas, it would be desirous to have two (2) Assistant Secretaries available to sign Documents, be it: Resolved, that the CFO, Vice President, and Assistant Secretary of this Corporation be hereby authorized and empowered to sign Contracts, Bid Documents and Bid Bonds, in the name of and in behalf of this Corporation. The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Marina Landscape, Inc., a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a special meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above-named Corporation on August 29, 2014, and that said resolution is now in full force and effect without modification or rescission. In witness whereof, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above-named Corporation this 29th day of August, 2014. .r. Robert B. Cowan, Secretary C-28 AD® lll��.... A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYW) 9/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners insurance Center (EPIC) CONTACT NAME: Roxanne Camping PHHO"N Extl; 949-417-9175 ac No : 949-809-2375 19000 MacArthur Blvd. PH Floor Irvine, CA 92612 E-MAIL ADDRESS: rcam in ed ewoodins.com INSURERS AFFORDING COVERAGE NAIC 0 �/ INSURERA: Navigators Specialty Insurance Company 36056 www.edgewoodins.com INSURED Marina Landscape, Inc 1900 S. Lewis Street INSURER B: Starr Indemnity & Liability Company 38318 INSURER C: AGCS Marine Insurance Company 22837 INSURER D: Anaheim CA 92805 INSURER E: INSURER F: rnl1C0Af±cQ f'C0TIC1r ATC NI IMRCR• ecaAnf:eo RFVI51(]N NIIMHFR* THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDfYYYY LIMITS A`/ COMMERCIAL GENERALLIABILITY CLAIMS -MADE F✓ OCCUR �/ �/ LA15CGL1658961C 8/1/2015 8/1/2016 EACH OCCURRENCE $ 1,000,000 OAMAGE -TO PREMISES (EaEoccurrence) $ 50,000 MED EXP (Any one person) $ 5,000 ✓ BI/PD Deductible: $10,000 ,/ Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG E 2,000,000 POLICY a PRO- 1:1 LOC JECT S OTHER: B AUTOMOBILE LIABILITYV/✓ SISIPCA08270515 8/1/2015 6/1/2016 BIKED SINGLE LIMIT $ 1,000,000 (Ea BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS HAUTOSPer PROPERTY DAMAGE S accident $ 2 000 Ded Com &Coll A UMBRELLA LIAB `/ OCCUR SE15EXC8208751C 8/1/2015 8/1/2016 EACH OCCURRENCE E 10,000,000 AGGREGATE $ 10,000,000 ✓ EXCESS LIAB CLAIMS -MADE ✓ DED I I RETENTION sNIL $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ❑N (Mandatory In NH) N / A `/ 1000001227D 8/1/2015 6/1/2016 H ,/ STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Equipment Leased/Rented Equipment Installation Floater MX193061089 8/1/2015 8/1/2016 Blanket Limit: $3,067,565 Included Any One Site: $150,000 Deductible: $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Job #18225, Landscape Maintenance Services for City Medians, Corridor Improvements, and Weed Abatement for Rights -of -Ways, Rancho Palos Verdes Right of Way. City of Rancho Palos Verdes is included as an additional insured as respects General Liability and Automobile Liability per the attached endorsement(s). Waivers of Subrogation apply to General Liability, Automobile Liability and Workers Compensation policies per the attached endorsement(s). (;LK I IF IGA I t HULUtK l,Ml� V GGGM I IV r� City of Rancho Palos Verdes Attn: Emilio Blanco 30940 Hawthorne Blvd. Rancho Palos Verdes CA 90275-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C. Rabbitt tv Itfoa-ZU-14 MIwKV t UnrIv cM I Ivry. MII nyrrw ICJCrvGV. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 26649542 1 15/16 GL/AL/WC/EXC Master I Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) I Page 1 of 8 C-29 POLICY NUMBER: SISIPCA08270515 COMMERCIAL AUTO CA 04 441 O 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured- Marina Landscape, Inc Endorsement Effective Date: 8/1/2015 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. 1 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ► The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the 'accident" or the "loss" under a contract with that person or organization. CA 04 441013 ® Insurance Services Office, Inc., 2011 Page 1 of 1 26649542 1 15/16 GL/AL/WC/EXC Master I Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) I Page 2 of 8 C-30 Marina Landscape, Inc POLICY NUMBER:.LA15CGL1658961C COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations - Any person or organization for whom you are performing "commercial construction" during the period of this policy and have agreed in a written contract to add as an additional insured for products -completed operations. "Commercial construction" does not include any habitational or residential construction other than hotels or apartments Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section It - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Q Insurance Services Office, Inc., 2012 26649542 1 15/16 GL/AL/WC/EXC Master I Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) I Page 3 of 8 C-31 LA15CGL1658961C Marina Landscape, Inc 9/28/2015 COMMERCIAL GENERAL LIABILITY CG 20 38 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. CG 20 38 04 13 B. Witti respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This: Insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or :surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or h. Supervisory, Inspection, architectural or engineering activities. Thlts exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury' or 'property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or sunteying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or © Insurance Services Office, Inc., 2012 Page 1 of 2 26649542 1 15/16 GL/AL/WC/EXC Master I Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) I Page 4 of 8 C-32 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or Page 2 of 2 2. ,Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 CG 20 38 04 13 26649542 1 15/16 GL/AL/WC/EXC Master I Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) I Page 5 of 8 C-33 Marina Landscape, Inc POLICY NUMBER: LA15CGL1658961C COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of f 26649542 1 15/16 CL/AL/WC/EXC Master I Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) I Page 6 of 8 C-34 1 Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number:SISIPCA08270515 Effective Date: 8/1/2015 Named Insured: Marina Landscape, Inc ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This policy is amended as follows: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO" I. SECTION II — LIABILITY COVERAGE A. Coverage, 1. Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. SICA 1016 (02/12) Page 1 of 1 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. 26649542 1 15/16 GL/AL/WC/EXC Master I Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) I Page 7 of 8 C-35 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization to whom you become obligated to waive Where required by contract your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 8/1 /2 015 Insured: Marina Landscape, Inc Insurance Company: Starr Indemnity & Liability Co. Policy No.: 1000001227D Premium: Countersigned by: WC 04 03 06 (Ed. 04-84) 26649542 1 15/16 GL/AL/WC/EXC Master I Roxanne Camping 1 9/28/2015 1:26:51 PM (PDT) I Page 8 of 8 Endorsement No.: Page 1 of 1 C-36 CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY MEDIANS, CORRIDOR IMPROVEMENTS, AND WEED ABATEMENT FOR RIGHTS-OF-WAY THIS AGREEMENT is made and entered this day of 'U" ,2011, by and between the CITY OF RANCHO PALOS VERDES, hereinafter referred to as "City," and Mgrina Ute4schereinafter referred to as "Contractor." In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as LANDSCAPE MAINTENANCE FOR CITY MEDIANS, CORRIDOR IMPROVEMENTS, AND WEED ABATEMENT FOR RIGHTS-OF-WAY, as described in the Bid Documents (including Notice to Contractors, Instructions to Bidders, General Provisions, Special Provisions, Technical Special Provisions, Proposal, Contract, and Exhibits), which are attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in a good and workmanlike manner, under the terms as stated herein and in the Bid Documents. Such work shall also be performed in accordance with the 2009 edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association and the Associated General Contractors of America document, including the 2011 Cumulative Supplement, collectively entitled "Standard Specifications," which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any of the above -referenced documents, the terms of this Agreement shall be controlling. 2. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid a not to exceed amount of Che, ki vOred ToAv&;%t Ono I%rs ($ 1 y8, OSO. Zy) in accordance with the prices as submitted in Contractor's Proposal, a� tt h d hereto as Exhibit "B" and incorporated herein by this reference. The City shall compensate Contractor as stated in this Agreement and in Exhibit "A." 3. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. 4. Term. This Agreement shall commence on aLA 1 y I 1 , 2011 and shall remain in effect until the tasks described herein are completedCity's satisfaction and approval, but in no event later -4 than Jn e 30 , 201, a sooner terminated pursuant to Section 5 of this Agreement. Additionally, there shall be three (3) one-year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less. 5. Termination. This Agreement may be terminated by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. 6. Time. Time is of the essence in this Agreement. C-1 D-1 7. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24 ("Claims Against the City") shall govern the procedures of the claim process, and the provisions of Public Contract Code Sections 20104 et seg. and Rancho Palos Verdes Municipal Code chapter 3.24 are incorporated herein. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance; Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 9. Audit. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, pursuant to Government Code Section 8546.7, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 10. Antitrust Claims. Pursuant to Public Contract Code Section 7103.5, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 11. Utilities. Pursuant to Government Code Section 4215, the City acknowledges its responsibilities with respect to locating, relocating, removing or protecting utility facilities on the site of the Project, if it entails construction and such utilities are not identified by the City in writing by the time of execution of this Agreement. The City shall compensate Contractor for the costs of relocating and repairing damage not due to Contractor's failure to exercise reasonable care, removing or relocating such utility facilities not indicated in writing with reasonable accuracy, and equipment on the Project necessarily idled during such work. The City shall not assess liquidated damages to the Contractor for delay in completion of the Project when such delay was caused by the owner of the utility to provide for removal or relocation of such utility facilities. C-2 D-2 12. Location of Existing Elements. Pursuant to Government Code Sections 4216 to 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 13. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this subsection. Each party shall advise the other promptly in writing in accordance with Section 29 of this Agreement and Section 9 of the General Provisions in Exhibit "A" of each such excusable delay, its cause and its expected delay, and shall upon request update such advice. 14. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 15. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 16. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." C-3 D-3 17. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local regulations and ordinances. 18. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 19. Bonds. Contractor shall obtain faithful performance and payment bonds as required by law, and nothing in this Agreement shall be read to excuse this requirement. The documents titled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. 20. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 21. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third -party claim, relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice. 22. Applicable Law. Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 23. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. 24. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 25. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 26. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 27. Non -waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of C-4 • performance under this Agreement. In no event shall the making by the City of any payment to Consultant constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29. Notice. Except as otherwise required by law, any notice or other communication required or permitted to the City shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to the City at the address stated below, or at such other address as the City may hereafter notify Contractor in writing: To CITY: Mr. Ray Holland, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 The address given in the Contractor's Proposal is the place to which all notices to the Contractor shall be mailed or delivered. Contractor shall notify the City of any change of address until the expiration of this Agreement. If sent by mail, any notice or other communication shall be deemed effective three (3) business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, state, County of Los Angeles or City holidays shall be excluded. [signatures on next page] C-5 D-5 • F-� IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. ATTEST: By: City Clerk CIT LE CONT TOR: By: CC Printed Name: � U v Date: /Q 11's I I C-6 A • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF ,SUBROGATION AND CONTRIBUTION Colitract/AgmerrrentfLicense/Penmt No, or description: ) (list all names) - M aruk Lay) d-, cAf---e: �- . To the fullest MM pmmitted by law. Indemnitor hereby agrees, at its solo cost and 04MS0, to defeafd, protect, Indemnify, and hold harmless the \, and its elected officials, officers, attorneys, agmti, employees, volunteers, sur�sors, and assigns (oollcctivt ly ..Indomniteeel from and against any and all damages, costs, expetnses, liabilities, claitrts, demands, agar w of aatioa, proreexis, expenses, judgments, pertaltiers, !terra, and losses of any natta4 whatsoever, iaticlttallg $ees of accatununts, attorneys, or other professionals and all costs associated that vith (collectively'%isbilititel, arising or ciaisned to arise, directly or indirectly, out of, in connection with, resulting fzoan, or rel ltd to :any act, raiiure to aC4 CM74 or omission of Indomnitor or tiny of its of ricers, agents. servant& employ, fts, subctpnt tors. materielinen, suppliers or their officers, agents. servants or employees, arising or ctairno, d to ar es, dkootty or Indirectly, out of, in connection %xith, resulting from, or related to the above-refore aced a mtract, agrectnent. limo, our Permit (the "Agreement'l or the perfornmaaice or failure to perform any term, pt+s ,coy+ or condition of the Agreement, i eluding this indemnity provision. This indemnity provision is oil' ti" ra ar+dlias of any prior, concurrent, or subsequent active or passive negligence by Indetrmttees and shall operate to fty md=Mfy Indemintees against any such negligence.. This indemnity provision shall survive the taminx6m of the Agreement and is in addition to any otter rights or renraedies which ludemnitees may him tat :t law Payment is not required as a condition precedent to an lndermutese's right to recover under Wo Won* Provision, and sn entry of judgment against an indfnaartitce shall be conmiusive in favor of the lndannitae's right to recover under this indemnity provision, indemnitor shall pay Indertinitoes for any attorneys fus sad costs incurred in enibrcing this indemnification provision, Notwithstanding the foregoing, nothing in this instrtirroat shall be c=triiod to encompass (a) Indemnitees' sole negligence or '%iltfi d mi-w=duct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the Wnited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is efftctive without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indere itetes. lndomnitor, on behalf of itself and all parties claiming under or through it. hereby waives all rights of subrrogation and contribution against the ladomrtite es, while acting within the scope of their duties, from all claim , losses and liabilities arising out of or incident to activities or operations perforated by or on behalf of the hidemnitor regardless of arty prior: concurrent, or subsequent active or passive negligence by the indemnitees. In the event there is more than one person or entity narrted in the Agreement as an indemnitor, then all obligations, liabilities; covenants and conditions under this instrurtient shall be joint and several. "Indeniiaitor" i` �l A tit Ott W, CRTCap- f 'V) ( . Name ). () i �l _ N ante By. BV - t5 RICHARDS, WATSON & GERSHON Page 1 of 1 INDEMNIFICATION 8 HOLD HARMLESS/ gz,n�enayox��+sss WAIVER OF SUBROGATION & CONTRIBUTION D-7 FIRST AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY MEDIANS, CORRIDOR IMPROVEMENTS, AND WEED ABATEMENT FOR RIGHTS-OF-WAY BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE SERVICES, INC. This agreement is the first amendment to the landscape maintenance services agreement for City medians, corridor improvements, and weed abatement for rights -of --way between the City of Rancho Palos Verdes ("CITY") and Marina Landscape Services, Inc. dated June 7, 2011 ("Agreement"). This first amendment to the Agreement is effective as of July 1, 2014 and is being made to extend the term of the Agreement for one year. Section 1. Section 4 of the Agreement is hereby amended to read as follows: Term. This Agreement shall commence on July 1, 2011, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than June 30, 2015, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, there shall be two (2) one-year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less. Section 2. Except as expressly amended by this first amendment to the Agreement, all of the other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. ATTES By: City Clerk 1720359 CITY OF RANCHO PALOS VERDES (`CITY-) By: A—� ayor 1720359 MARINA LANDSCAPE SERVICES, I Signature: Printed Name: �L' LW b � 16UYW Title:�1 1(1 Signature: Printed Name: �C • Cu�GL�I Title: 0-17 D-9 SECOND AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY MEDIANS, CORRIDOR IMPROVEMENTS, AND WEED ABATEMENT FOR RIGHTS-OF-WAY BETWEEN THE CITY OF RANCHO PALOS VERDES AND MARINA LANDSCAPE MAINTENANCE, INC. This agreement is the Second Amendment to the landscape maintenance services agreement for City medians, corridor improvements, and weed abatement for rights-of-way between the City of Rancho Palos Verdes ("CITY") and Marina Landscape Maintenance, Inc. dated July 1, 2011 ("Agreement"). The First Amendment, which was effective July 1, 2014, extended the term of the Agreement for one year. This Second Amendment, which is effective as of July 1, 2015, is being made to extend the term of the Agreement for one additional year. Section 1. Section 4 of the Agreement is hereby amended to read as follows: "Term. This Agreement shall commence on July 1, 2011, and shall remain in effect until the tasks described herein are completed to the City's satisfaction and approval, but in no event later than June 30, 2016, unless sooner terminated pursuant to Section 5 of this Agreement. Additionally, there shall be one (1) one-year option to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six (6) months or until renewed or awarded to a new contractor, whichever is less." Section 2. Except as expressly amended by this Second Amendment to the Agreement, all of the other provisions of the Agreement, as amended by the First Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. ATTEST: By: City Clerk 1720359.2 CITY OF RANCHO PALOS VERDES ("CITY") By: Ma r D-10 MARINA LAANDPCAP MAINTENKOP, INC Signature: Printed Name: Title: President Signature: Printed Name: �ti�J�P/1/� �, (ojn Title: A L+& L04 1720359.2 D-11 July 1, 2016 City of Rancho Palos Verdes Attn: Sean Larvenz Rancho Palo Verdes CA. 90275 NARINwing landscape construction Yandscape maintenance landscape architecture erosion control The following proposal is for the extension of maintenance services guaranteed through October 31ST 2016. New pricing is as follows and will be effective 8/1/2016: Monthly Maintenance services for the Parks $ 19,791.47 Monthly Maintenance services for the Right of Ways $ 14,041.24 *Marina Landscape Maintenance will hold pricing for an additional 3 months through the end of January 2017. City of Palos Verdes must give Marina a 30 day notice upon termination of this agreement. Total Monthly - $ 33,832.71 Authorized Signature Darin Sherlock NOTE: Marina may withdraw this proposal if not Accepted within 30 days. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance MARINA LANDSCAPE, INC. 1900 S. Lewis Street • Anaheim, CA 92805 p 714.939.6604 f 714.935.1199 w marinaco.com • License #492862, A, B, C27, C36 E-1