Form A02 Landscape Maintenance IFB and Contract Revised July 2019 SDG:sdg 2671635.1 5/15/2016

TOWN OF GILBERT, ARIZONA

LANDSCAPE MAINTENANCE SERVICES FOR PKIDS

327000076

NOTICE AND INVITATION FOR BIDS

WORK SUMMARY: The Town of Gilbert is seeking landscaping maintenance services for the Parkway Improvement Districts (PKIDs). The PKIDs are special taxing districts established in residential subdivisions of Gilbert. There are eleven (11) districts in total.

AWARD TERMS

Each bid package will be reviewed, and the contract will be awarded to the lowest responsive responsible bidder as one complete package for all districts; however, the Town reserves the right to award the contract by group of districts. The initial Agreement term will commence upon execution of the Agreement and begin on January 1, 2027, and continue through December 31, 2027. The Agreement may be renewed for up to five (5) additional one-year terms.

ISSUE DATE September 2, 2026

DUE DATE September 23, 2026 at 2:00 pm, Local Arizona Time

PRE-BID

CONFERENCE

A pre-bid conference will be held via Microsoft Teams on Wednesday, September 9, 2026 at 10:00 am Local AZ Time. It is highly recommended that all prospective Proposers attend.

Pre-Bid Conference Link

Meeting ID: 248 899 413 977 591 Passcode: 3hh2HZ3M

SITE VISITS

A site visit of Madera Parc and Circle G Meadows III will be held Thursday, September 10, 2026 at 6:30 am Local AZ Time.

Starting at Madera Parc, meet at the corner of W Silver Creek Rd and S Abilene Dr. Continuing to Circle G Meadows III, meet at the corner of Heritage St and Scott Ave.

It is the vendor’s responsibility to conduct their own site visits of the remaining nine (9) PKID locations listed in the IFB.

https://teams.microsoft.com/meet/248899413977591?p=eGB9CAZdJxuh8n4VOq

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DEADLINE FOR

INQUIRIES

The deadline for inquiries is Wednesday, September 16, 2026 by 2:00 pm Local AZ Time. Questions and/or inquiries must be submitted in writing and emailed to dior.chapman@gilbertaz.gov. It is each proposer’s responsibility to check the website www.gilbertaz.gov\rfp for addendums to this IFB.

SUBMITTAL

PROCESS

Bids shall be emailed to Dior Chapman at dior.chapman@gilbertaz.gov at or before 2:00 pm, Wednesday, September 23, 2026 for performing all work for the Project. Bids must be submitted via PDF format and the subject line clearly marked with the name of the services and the solicitation number listed above.

Bidders will receive an email confirmation of bid submission from dior.chapman@gilbertaz.gov. It is the bidder’s responsibility to ensure bids are received at the above location on or before the specified time.

Any bids received after the scheduled closing time for bid receipt will be returned to the Bidder unread.

BID OPENING

MEETING

Bids will be opened via Microsoft Teams Wednesday, September 23, 2026 at 3:00 pm Local AZ Time, and will be read aloud. The Town reserves the right to postpone the bid opening date at any time prior to bid opening.

Bid Opening Meeting Link

Meeting ID: 281 818 674 104 16 Passcode: Rw32bt3f

DOCUMENTS

AVAILABILITY

Proposal documents are available at no charge at the Town of Gilbert website http://www.gilbertaz.gov/rfp

CONTACT

PERSON Dior Chapman | dior.chapman@gilbertaz.gov | 480-503-6703

RIGHT TO REJECT

PROPOSALS

Gilbert reserves the right to reject any or all proposals, waive any informality in a proposal or to withhold the Award for any reason Gilbert determines.

EQUAL

OPPORTUNITY

Gilbert is an equal opportunity employer. Minority and women’s business enterprises are encouraged to submit proposals on this solicitation.

DATES POSTED September 2, 3, 4, 5 & 9, 2026 mailto:dior.chapman@gilbertaz.gov http://www.gilbertaz.gov/rfp mailto:dior.chapman@gilbertaz.gov mailto:dior.chapman@gilbertaz.gov https://teams.microsoft.com/meet/28181867410416?p=GdkA9NNfOm7BMGKnj3 http://www.gilbertaz.gov/rfp mailto:dior.chapman@gilbertaz.gov

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SECTION 1

INFORMATION FOR BIDDERS

TOWN SALES TAX

The Contractor is advised that they are required to pay Town sales tax for materials purchased within the Town of Gilbert, and this cost should be included in the proposal prices.

PRE-BID CONFERENCE

A pre-bid conference will be conducted via Microsoft Teams on September 9, 2026 at 2:00pm Local Arizona Time.

Pre-Bid Conference Link

Meeting ID: 248 899 413 977 591 Passcode: 3hh2HZ3M

The contract terms and conditions and scope will be reviewed, discussed, and opened for questions. Potential bidders are highly advised to attend. Interpretations and clarifications of the Contract Documents will be made at that time. The Town will not be responsible to convey any clarifications to potential bidders that are not in attendance.

SITE INSPECTION

A site visit of Madera Parc and Circle G Meadows III will be held Thursday, September 10, 2026 at 6:30 am Local AZ Time, starting at Madera Parc, meet at the corner of W Silver Creed Rd and S Abilene Dr. Continuing to Circle G Meadows III, meet at the corner of Heritage St and Scott Ave.

Contractors are responsible for visiting the remaining nine (9) sites to familiarize themselves with any conditions which may affect performance and proposal prices.

Submission of a bid will be evidence that the Contractor did, in fact, make a site inspection and is aware of all conditions affecting performance and proposal prices. The square footage and landscape footage are designated in Section 10. Measurements are estimated, and the Town shall not be responsible for any discrepancy in these figures. The Town does not guarantee that all conditions of the districts will remain the same from the time of initial site inspection prior to bid until the contract is awarded.

QUALIFICATIONS OF BIDDERS

Bidders on this project shall be licensed under the appropriate provisions of the Arizona Revised Statutes. The maintenance company shall have three years of continuous https://teams.microsoft.com/meet/248899413977591?p=eGB9CAZdJxuh8n4VOq

Revised June 19, 2025 SDG:sdg 2671635.1 5/15/2016 experience and shall provide a history of all landscape maintenance projects of similar size within the past three years. The Town may request additional information from the Contractor to evaluate its qualifications which shall be provided to the Town within 24 hours of such request.

Bidders shall submit current International Society of Arboriculture certification and Arizona Structural Pest Control Commission licenses (applicator, qualifying party) as part of the Bid.

DEMONSTRATIONS

Upon request, Contractors are required to furnish a demonstration of the service to be provided. Any demonstration shall create an express warranty that the whole of the service shall conform to the demonstration.

BREAKDOWN / LAYOFFS

The Contractor shall provide evidence of its ability to furnish equipment and personnel under breakdown and layoff conditions.

BID SECURITY

Each Bid shall be accompanied by a bid bond acceptable to the Town in an amount equal to at least ten percent (10%) of the Bid, payable without condition to the Town as a guarantee that the bidder, if awarded the Contract, will promptly execute such Contract in accordance with the Bid and in manner and form required by these Contract Documents and will furnish good and sufficient bond for the faithful performance of the same. The bid securities of the three (3) lowest qualified bidders will be retained until the Contract is signed and satisfactory bonds furnished, or other disposition made thereof as determined by the Town. The bid securities of all bidders except the three (3) lowest qualified bidders will be returned promptly after the canvass of bids.

WITHDRAWAL OF BID

Any bidder may withdraw their bid, either personally or by telegraphic or written request, at any time prior to the scheduled closing time for receipt of bids.

CONTRACT AND BONDS

The successful bidder, simultaneously with the execution of the Contract, will be required to furnish a Payment Bond in an amount equal to fifty percent (50%) of the Contract price and a faithful Performance Bond in an amount equal to fifty percent (50%) of the Contract price. Said bonds shall be secured from a surety company satisfactory to the Town.

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The form of Contract that the successful bidder, a Contractor, will be required to execute, and the forms of Bonds which they will be required to furnish are included in the Contract Documents.

BOND AND INSURANCE COMPANIES

Bonding companies and insurance carriers shall be “Best Rated A” or better by the A.M.

Best Company or otherwise acceptable to the Town. Each bond shall be executed by a surety (bonding company) duly licensed in and possessing a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1 of the Arizona Revised Statutes and any amendments thereto. The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in the State of Arizona. The bonds shall have attached thereto a certified copy of Power of Attorney for the signing official.

BOND AMOUNTS

All bond amounts shall be calculated based on the total annual Contract value for each District stated on the Bid Schedule.

CLOSING MEETING

A Closing Meeting will be held for the successful bidder(s) for review of the Contract Documents and signatures. The successful bidder(s) will be notified of the date and time of the meeting when the Contract is awarded.

INSPECTION BEFORE STARTING WORK

After Contract award but before issuance of the Notice to Proceed, the Contractor must visit the contracted District(s) accompanied by a Town representative and complete a site inspection report evaluating the condition of the landscape areas at the beginning of the Contract. Contractor shall identify conditions that would prevent or adversely affect completion of any normal routine maintenance activities, prepare a list of specific deficiencies found at each contract area and submit the list to the Town for review within two weeks of Contract award. The Town will evaluate the list and determine if extra compensation is warranted, or if the items represent normal conditions that reasonably may be expected at any time during the Contract. The Town’s decision shall be in writing and shall be final and binding upon the Contractor. Any work authorized by the Town shall be made within thirty (30) days of award of the Contract.

NEW LANDSCAPING IMPROVEMENTS

The Town makes periodic improvements to landscaped areas based on the wishes of the property owners. Contractor shall be notified in advance and shall coordinate work schedules with the Town or its contractor retained to perform any approved Landscape Improvements. Town will be responsible for the maintenance of any new trees or shrubs

Revised June 19, 2025 SDG:sdg 2671635.1 5/15/2016 planted as part of the Landscape Improvements during the first year, but Contractor shall be responsible for maintenance during any subsequent renewal term. Contractor will be responsible for the maintenance of any new turf areas planted as part of Landscape Improvements. Contractor will be required to comply with all other provisions of the contract, including but not limited to cleaning in all Landscape Areas. The Contract prices will not be decreased solely as a result of any Landscape Improvements, even if they result in a decrease in the scope of work under the Contract. If Contractor determines that its costs are increasing as a result of the Landscape Improvements, Contractor shall provide documentation of the same to Town and Town will evaluate whether an increase in the Contract price is justified.

INSPECTION BEFORE CONTRACT ENDS

Approximately four (4) weeks before the Contract expires, the Contractor must visit the contracted District(s) accompanied by a Town representative and complete a site inspection report evaluating the condition of the landscape areas. Any deficiencies in the work must be remedied pursuant to the Rework Time Limit Schedule, and if not completed, the Town may pursue all rights and remedies under the Contract.

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SECTION 2

GENERAL CONDITIONS

DEFINITIONS

DEFINITION OF TERMS

For the purpose of this contract, the following words or terms shall be defined as hereinafter set forth:

a. “Agreement”, “Contract”, or “Contract Documents” shall mean the Invitation for Bids, Parkway Maintenance Contract, Information for Bidders, General Conditions, Standard Specifications, Proposal, Proposal Schedule, Bid Security, Performance Bond, Labor and Material Bond, Contractor’s Affidavit, Site Maps, and any addenda thereto.

b. “Town” shall mean the Town of Gilbert, Arizona, its officers, employees or representatives.

c. “Parkway Improvement District” or “PKID” shall mean a Special Taxing District duly formed in the Town of Gilbert under A.R.S. Section 48-574 et seq., and any amendments thereto, for which Work is performed under the Contract Documents and which also may be referred to as “District”.

d. “Contractor” shall mean the person, corporation, or partnership performing landscape maintenance services under contract with the Town.

e. “Debris” shall mean all litter, rubbish, leaves, sand, dirt, garbage, and other foreign material removable from the landscaped area.

f. “May” shall mean permissive.

g. “Should” shall mean expected.

h. “Shall” shall mean mandatory.

i. “Landscape areas” shall be all real property owned by the Town, whether developed or undeveloped, including but not limited to parkways, medians, retention basins, road right-of-ways, grounds around municipal buildings and facilities or lands proposed for future development by the Town, included within the District.

j. “Work” or “Project” shall mean all duties and obligations required to be performed by the Contractor under these Contract Documents.

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SECTION 3

COMMENCEMENT, PROSECUTION, PROGRESS

Breach of Contract

All terms, conditions, and specifications of the contract are considered material, and failure to perform any part of the contract shall be considered a breach of contract. If the Contractor fails to perform any of their contractual obligations, the Town may, at its option, terminate the contract five (5) days after written notification to the Contractor of the failure to perform and failure of the Contractor to cure performance within those five (5) days.

Following an inspection by the Town, if the Contractor fails to cure any noted deficiencies within the Rework Time Limit Schedule, the Town may, at its option, immediately terminate the contract by written notification to the Contractor.

Failure of the Town to terminate the contract as provided in this paragraph shall not waive any right of Town to any other remedy or to later notify contractor that they are in breach of contract.

If the Contractor fails to provide in whole the landscape maintenance service required by this contract for a period in excess of five (5) consecutive, scheduled working days, the Town may take the following actions:

1. At its option, carry out the terms of the contract.

2. Employ such means as it may deem advisable and appropriate to continue work until

Contractor is again able to carry out their obligations under the contract.

3. Deduct any and all operating expenses incurred by the Town from any money that is due or to become due the Contractor, and should the Town’s cost for performing the obligations of Contractor exceed the amount due the Contractor, collect the amount, either from the Contractor or surety bond or both, and also to assert a lien on all properties of the Contractor.

4. Terminate this Contract for the failure to perform the obligations under the Contract.

5. Pursue all rights or remedies available at law.

In the event the Contractor shall be adjudged bankrupt, either by voluntary or involuntary proceedings, then this contract shall immediately be terminated, and, in no event shall the contract be treated as an asset of the Contractor after adjudication of bankruptcy.

In the event of termination of contract for breach, default, or bankruptcy as specified above, the Town shall have the right to carry out the obligations of the Contractor under the terms

Revised June 19, 2025 SDG:sdg 2671635.1 5/15/2016 of this Contract or until another Contractor is engaged to perform the landscape maintenance service provided herein.

Nothing herein shall be interpreted to prohibit the Town pursuing any other legal remedy which it may have.

Holidays All Work is to be performed Monday through Friday, except no Work shall be performed on the holidays listed below without written permission from the Town:

1. New Year’s Eve from 12:00 Noon – December 31

2. New Year’s Day - January 1

3. Martin Luther King Day – Third Monday in January

4. President’s Day - Third Monday in February

5. Memorial Day - Last Monday in May

6. Independence Day - July 4

7. Labor Day - First Monday in September

8. Thanksgiving Holiday - Fourth Thursday and the following Friday in November.

9. Christmas Eve from 12:00 Noon - December 24

10. Christmas Day - December 25

When a holiday named herein falls on Sunday, it shall be observed on the following Monday; when a holiday named herein falls on a Saturday it shall be observed the preceding Friday.

During the week of a holiday, the Contractor shall adjust their weekly schedule so as to return to the normal weekly schedule the following week. The five-day work week is defined as being Monday through Friday; no work will be done on Saturday or Sunday unless approved in writing by a Town official.

The Town may approve substitution of any of the holidays listed above for another holiday to accommodate the Contractor. Any special request for holiday substitutions shall be made in writing by Contractor to the Town at least thirty (30) days in advance and must be approved by the Town in writing.

Rework Time Limit Schedule

Slope/Berm Maintenance 7 working days Weeding 3 working days Mowing 3 working days Spraying 5 working days Fertilize 5 working days Trimming 3 working days Pruning 10 working days Seeding 15 working days Replanting 15 working days

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Cleaning 1 working day Raking 3 working days Line of Sight or Safety Hazard Removal 1 working day

Pursuant to Section 3 herein, failure to rework areas named deficient by the Town within the limits of this Rework Time Limit Schedule may result in immediate termination of the contract.

The Town will perform a re-inspection of any deficiencies noted in an inspection report after the applicable rework time(s) has passed. Upon re-inspection, if the Town finds that any deficiencies remain, the Town at its option, may assess a $50.00 re-inspection fee per inspection that will be deducted from the next payment owed to Contractor for each District under Contract where a deficiency has not been cured.

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SECTION 4

SCOPE OF WORK

Traffic Regulation

IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO COMPLY WITH THE

CITY OF PHOENIX TRAFFIC BARRICADE MANUAL OR THE MANUAL ON UNIFORM

TRAFFIC CONTROL DEVICES (“MUTCD”), AS SPECIFIED BY THE TOWN. THE

CONTRACTOR SHALL PAY PARTICULAR ATTENTION TO PARKING VEHICLES AND

EQUIPMENT OR MAKING INTERMITTENT STOPS IN ROADWAYS. THE

CONTRACTOR SHALL MAKE EVERY EFFORT TO MINIMIZE INTERFERENCE WITH

TRAFFIC PATTERNS. THE CONTRACTOR SHALL NOT PARK VEHICLES AND

EQUIPMENT OR MAKE INTERMITTENT STOPS IN STREETS THAT ARE

DESIGNATED AS ARTERIALS (e.g. Guadalupe Rd., Elliot Rd., Lindsay Rd. etc) OR COLLECTORS (e.g. Burk Street, Houston Rd., Neely Rd., etc.)

CONTRACTOR MUST USE ARROW/MESSAGE BOARDS ON ALL STREETS AND

ROADS. TRAFFIC CONTROL MUST BE USED AT ALL TIMES. ALL REQUIRED

RIGHTS-OF-WAY AND TRAFFIC CONTROL PERMITS MUST BE OBTAINED FROM

THE TOWN OF GILBERT TRAFFIC ENGINEERING SECTION PRIOR TO PERFORMING

ANY WORK IN THE STREETS/ROADS/RIGHTS-OF-WAY.

CONTRACTOR SHALL NOT DRIVE OVER CURBS. SIDEWALKS, GRASS, GRANITE

OR GRAVELLED AREAS ARE NOT TO BE USED FOR PARKING OR UNLOADING.

Special Work

The Town may require the Contractor to perform work in addition to items specified in this contract including, but not limited to, repair of accidental damage or vandalism to landscaping. Contractor shall prepare a change order and submit it to the Town for approval of such work.

Service Required

Contractor shall furnish all necessary labor, equipment, tools, fuel, materials, insurance, supervision, and all other items incidental thereto to perform the Work required under this Contract, unless otherwise specified in the Contract Documents.

The Town shall provide the Contractor with required water for irrigation of landscape areas.

The Town shall operate and maintain the irrigation systems.

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Additions and Deletions

The Town retains the right to delete or add maintenance areas and items to this contract.

Monthly charges for areas or items deleted will be dropped from the monthly billing. The Town may delete an item or area at any time and will prorate charges for services already performed.

Charges for maintenance items or areas added to this contract are subject to the approval of the Town and will be accomplished by written change order.

Change Orders

Change Orders shall be submitted and approved for all work done and/or materials utilized which are in addition to the base Contract. Any purchases by Contractor shall be made in compliance with applicable competitive bidding requirements. The Town shall have the right of approval and the right to make direct purchases of materials and furnish them to the Contractor for use if it so desires.

In the case of emergencies, the Contractor may proceed on verbal approval from the PKID Field Supervisor, or their designated agent, but the Contractor must submit a Change Order depicting work verbally approved.

Vandalism

All cases of vandalism shall be reported to the Town within 24 hours from time of discovery, and the Town shall determine the course of action to be taken.

Damage by Contractor

Contractor agrees that it shall replace, at no cost to the Town, all trees, shrubs and mechanical equipment, including sprinkler heads, back-flow valves and cages of the Town, damaged by intentional or negligent act or omission by Contractor or its employees, agents or sub-contractors and that such replacement shall be of comparable quality. Contractor shall notify Town of damage upon discovery and replace any damaged item within 24 hours or other reasonable time agreed upon by the Town.

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SECTION 5

CONTROL OF WORK, MATERIAL AND WORKMANSHIP

Contractor’s Facility

The Contractor shall be capable of responding to any required or emergency work as called for by the specifications, with all equipment necessary from the equipment yard to the project site within one hour.

Material

Seed, fertilizer, herbicides, insecticides and plants shall be purchased by Contractor, and the costs shall be reimbursed upon presentation of invoices to the Town and evidence that the materials were used in the Districts. Any purchases by the Contractor shall be made in compliance with applicable competitive bidding requirements. Contractor is required to obtain Town approval in writing before purchasing materials, and Town reserves the right to furnish the materials to the Contractor for use.

Contractor’s Equipment

The Contractor shall provide and maintain during the entire period of this contract, equipment sufficient in number, condition, and capacity to efficiently perform the work and render the services required by this contract.

All vehicles must be maintained in good repair, appearance and sanitary condition at all times. The Town reserves the right to inspect the Contractor’s vehicles at any time to ascertain said condition.

Equipment Identification

Transport vehicles, towing vehicles, and equipment trailers used by the Contractor shall be clearly identified with the name of the company, address of local office and phone number of local office. The letters should be at least three inches high and of proportionate width.

Contractor’s Quality Control

The Contractor shall make inspections to assure the quality of their performance. The Contractor is required to employ inspector(s) for the purpose of quality control to maintain compliance with the specifications. The Quality Control Inspector(s) shall make daily in-the-field inspections of the area. The Quality Control Inspector should not engage in landscape maintenance work unless approved in advance by the Town. In the event that the Quality Control Inspector(s) finds a deficiency, the deficiency must be corrected as outlined in the rework time limit schedule or if not listed, no later than five (5) days. All

Revised June 19, 2025 SDG:sdg 2671635.1 5/15/2016 deficiencies must be reported by the Contractor’s inspector to the Town within 24 hours.

Deficiencies not corrected within the time limits specified shall be deducted from payment to the Contractor.

The Contractor shall establish a complete quality control program to assure the requirements of the contract are provided as specified. The Contractor shall use the Quality Assurance Form provided by or approved by the Town (see sample on page 16). The completed forms shall be submitted to the Town on a weekly basis.

Quality Assurance by Town and Appeals

The Town will monitor the Contractor’s performance by random sampling to insure Contractor compliance with the requirements of the contract. In addition, the Town will inspect all reported deficiencies. In the event a deficiency exists, the Contractor will be required to explain in writing why performance was unacceptable, how performance will be returned to acceptable levels, and how reoccurrence of the problem will be prevented in the future. The Contractor will not be paid for services not rendered in accordance with the standards set forth in this Contract.

The PKID Field Supervisor or their authorized representative, will decide all questions which may arise as to the quality and acceptability of any work performed under the contract. The Contractor may appeal any decision to the PKID Field Supervisor, and must provide substantiating documentation in all appeals.

Contractor’s Employees:

Identification

Contractor will provide the name, address, and business phone number of all employees to the Town. Contractor’s employees shall be required to wear a clean uniform bearing the Contractor’s name. Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification, such as a name tag or identification card. All employees shall be in possession of the necessary identification to comply with Federal laws.

Minimum Qualifications

Contractor shall provide employees with adequate experience and skill to perform the Work. Unless otherwise agreed to by the Town, at any time when Contractor is performing Work, Contractor shall bring a full team of workers as follows:

1. One full-time Field Supervisor. The Field Supervisor must be available Monday through Friday, during regular Work hours in the summer (5:00 a.m. to 1:30 p.m.) and winter (6:00 a.m. to 2:30 p.m.) to appear on-site, address problems, conduct field inspections, and coordinate issues with Town staff. The Field Supervisor should not

Revised June 19, 2025 SDG:sdg 2671635.1 5/15/2016 engage in landscape maintenance work unless approved in advance by the Town. The Field Supervisor may be assigned as the Quality Control Inspector for Contractor.

The Field Supervisor must be able to speak, read, and write in fluent English and Spanish if Spanish-speaking Landscape Maintenance Workers are used for the Work.

The Field Supervisor shall have a working cell phone with them during all regular Work hours so that they may be reached by Town staff. Contractor is responsible for payment of all cell phone charges.

2. Landscape Maintenance Workers. At least one (1) Landscape Maintenance Worker shall perform work in each District daily. Each time that Contractor does work in a District (other than the daily cleaning), they must bring with them the following minimum number of full-time Landscape Maintenance Workers (in addition to the Field Supervisor):

District Minimum Number of Total Landscape

Maintenance Workers

Mowing Tasks

Cleaning Tasks

PK 07-01 Val Vista Park 5 3 2 PK 07-02 Templeton Place 6 3 3 PK 07-03 Park Village 8 4 4 PK 07-04 Spring Meadows 6 3 3 PK 07-05 Circle G Meadows II 5 3 3 PK 07-06 Circle G Meadows III 6 3 3 PK 07-07 Circle G Ranches VI 4 2 2 PK 07-08 Circle G Ranches VII 4 2 2 PK 07-09 Morning Ridge 4 2 2 PK 07-10 Madera Parc 8 4 4 PK 07-11 Cassia Place 7 3 4

During the Contract term, if the Town determines that performance is satisfactory, the Town may allow Contractor to bring fewer workers than as described above on a conditional basis.

4. Contractor shall have International Society of Arboriculture (“ISA”) Certified Arborist(s) to oversee all care of trees and bushes, including but not limited to planting, fertilization, disease control, trimming, and pruning. A copy of the current certification must be provided to the Town as part of the bid package and at any time upon request. Work Crew Leaders and Landscape Maintenance Workers shall not perform any trimming or pruning unless a Certified Arborist is present to observe all work as it is performed. The Certified Arborist shall conduct training of all Landscape Maintenance Workers in English or Spanish as necessary for a complete understanding prior to performing any Work. Records of the training provided to each person shall be provided

Revised June 19, 2025 SDG:sdg 2671635.1 5/15/2016 to Town. Cost of services provided by the Certified Arborist shall come at no additional charge to the Town.

5. Contractor shall have a worker licensed by the Arizona Structural Pest Control Commission to make any insecticide, pesticide, or herbicide applications to the landscape areas. Copies of the current licenses (applicator, qualifying party) must be provided to the Town as part of the bid package and at any time upon request. The licensed worker shall conduct all applications unless otherwise approved in writing by the Town.

Driver’s License

Employees driving the Contractor’s vehicles shall at all times possess and carry a valid vehicle operator’s license issued by the State of Arizona, which is proper for such vehicle.

Conduct

Contractor’s employees, officers, and subcontractors shall not identify themselves as being employees of the Town of Gilbert. Employees shall conduct themselves in such a manner as to avoid embarrassment to the Town of Gilbert and shall be courteous to the Town staff and to the public.

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TOWN OF GILBERT - PARKWAY IMPROVEMENT DISTRICT

COMPANY NAME PKID NAME

INSPECTOR DATE

LANDSCAPE MAINTENANCE QUALITY ASSURANCE FORM

WEED CONTROL YES NO Notes Grass Granite Trees & Shrubs Groundcover

TREES & SHRUBS YES NO Notes Vitality Appearance Staked & Guyed Trimmed Disease or Browning

PEST CONTROL YES NO Notes Insects Rodents

CLEANLINESS YES NO Notes Granite Turf Litter Sidewalk

MOWING YES NO Notes Height Vitality Appearance Edging Disease or Browning

DAMAGE YES NO Notes (Report within 24 hours) Vandalism Other

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SECTION 6

LEGAL RELATION AND RESPONSIBILITY

Compliance with Law

The Contractor shall be responsible for adhering to any and all Federal, State, and local laws, regulations and ordinances.

Contractor shall be responsible for obtaining and paying for any and all permits and licenses required to perform the provisions of this contract including Town of Gilbert business license.

Maintenance of Safe Premises

All landscape areas shall be maintained to prevent the existence of hazards, such as holes, divots, or voids in turf areas, and debris in traveled areas. Plant wells of removed plants and trees shall be filled to a level flush with adjoining landscape. For plants and trees that will not be replaced, the plant wells shall be permanently leveled with clean fill dirt and seeded to conform with adjacent landscaping. Temporary fills shall be maintained level until replanting occurs. Rigid protrusions from landscape sprinkling systems or any other features that may cause injury shall be immediately rectified or reported to the Town.

Contractor must notify Town within 24 hours after discovering damages such as cracks or damage to concrete sidewalks or playground surfaces; border curbing displacement; cracks or damage to perimeter walls, damage to playground equipment, or damage to lighting fixtures.

Insurance Requirements

Contractor is required to maintain insurance coverage throughout the term of this Contract until all work has been completed and the Project has been accepted by the Town. The insurance form attached to this contract, or a comparable form, will be required for use on this Project.

Certificates of insurance acceptable to the Town and designating the Town as additional insured without offset against the Town’s existing policy shall be filed with the Town prior to commencement of the Work. The certificate shall contain auto (owned, hired and non-owned) and general liability (including underground and vandalism) coverage for policy limits not less than two million dollars ($2,000,000.00) per occurrence for bodily injury and property damage and two million dollars ($2,000,000.00) aggregate combined single limit. Also, Workers’ Compensation and Employers Liability coverage which meets State of Arizona statutory requirements including a minimum of $500,000.00 for disease and accident with an aggregate policy limit of $500,000.00 shall be required. The insurance coverage shall be based on “occurrences” and not “claims made”. The Town shall not be obligated to review any of the Contractor’s Certificates of Insurance, insurance policies or endorsements or to advise Contractor of any deficiencies in such documents and any receipt of copies or review by the Town of such documents shall not relieve Contractor from or be deemed a waiver of the Town’s right to insist on strict fulfillment of Contractor’s obligations under this Section.

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Contractor’s Affidavit

The Contractor shall submit a signed copy of the Contractor’s Affidavit (as contained in this Contract) prior to final payment.

Indemnify and Hold Harmless

To the fullest extent permitted by laws and regulations, contractor shall appear, defend, indemnify and hold harmless Town and its officers, directors, employees and agents from and against all claims, costs, losses and damages (including, but not limited to, of attorneys fees and costs, and all court or arbitration or other dispute resolution costs) caused by, arising out of, or resulting from the performance of the work, or on account of any act, claim or amount arising or recovered from the Workers’ Compensation law, or arising out of the failure of the Contractor, its employees or subcontractors to perform the work according to any statutes, ordinances, regulations, laws or court decree. It is the intent that the Town shall, in all instances, be indemnified against all liability losses and damages of any nature whatsoever, for or on account of any injuries to or death of persons or damages to or destruction of property belonging to any person arising out of or in any way connected with the performance of the work. This provision shall survive termination or cancellation of the contract documents. The fact that not every claim, cost, loss or damage incurred may not be covered by Contractor’s insurance does not diminish the indemnification obligation contained in this Section.

To the fullest extent permitted by law, Contractor agrees to appear, defend, indemnify, and hold Town harmless for any and all costs of remediation of environmental contamination and from any and all claims, demands, actions, suits, proceedings, hearings, investigations, responsibility, liability, orders, injunctions, judgments, fines, damages and losses of any nature whatsoever (including attorneys fees and costs) arising out of or relating in any way to the performance of the work by Contractor, its employees or subcontractors under this Contract. These indemnities shall survive the termination of this Contract.

Non-Exclusiveness of Contract

Contractor shall not have the exclusive right during the term of this contract, and all renewals thereof, to maintain the landscape areas within the District.

Immigration Law Compliance Warranty.

As required by A.R.S. Section 41-4401, Contractor warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. Section 23-214(A).

Contractor further warrants that after hiring an employee, contractor verifies the employment eligibility of the employee through the E-Verify Program. If Contractor uses any subcontractors in performance of the Work, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. Section 23-241(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of tie warranty

Revised June 19, 2025 SDG:sdg 2671635.1 5/15/2016 shall be deemed a material breach of the Contract that is subject to penalties up to and including termination of the Contract.

Uyghurs In accordance with Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Contract use 1) the forced labor of ethnic Uyghurs in the People’s Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People’s Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If Contractor becomes aware during the term of this Contract that Contractor is not in compliance with this Section, then Contractor shall notify Gilbert within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide Gilbert with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) days after notifying Gilbert of such noncompliance, this Contract shall terminate, except that if the Contract termination date occurs before the end of such one hundred eighty (180) day remedy period, this Contract shall terminate on such contract termination date.

Israel Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in, a boycott of Israel, as that term is defined in Ariz. Rev. Stat.

§ 35-393.

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SECTION 7

PAYMENT

COMPENSATION

Payment

Payment will be made on a monthly basis within 30 days after receipt of an itemized invoice from the Contractor and acceptance of the work by the Town, in the amount specified by the Proposal, (including changes authorized by valid change order) less any deductions as described in these Contract Documents. Invoices shall not be submitted prior to completion of the work for that month.

Deductions

In the event of failure of the Contractor to perform the work on the landscape areas or any portion thereof in accordance with the specifications, the Town shall notify the Contractor in writing of any such deficiency and require correction of the deficiency within the time period specified in Section 3, Rework Time Limit Schedule, and Section 5, Contractor’s Quality Control Paragraphs. If the deficiency is not corrected within the time specified in the notice, the Town will determine the deficient categories of the work and deduct payment for such categories of work from the payment due Contractor. The Contractor will be required to explain in writing any deficiency as determined by the Town and the Town may also make deductions for failure to provide in whole the landscape services according to the second Paragraph in Section 3, Breach of Contract of these Contract Documents.

Because of the difficulty in calculating deductions from payment, Contractor specifically agrees that the Town may make deductions from payment using the following categories of work and percentages:

1. Mowing, edging, and cleaning/blowing of sidewalks: 30%;

2. Tree and shrub care: 30%;

3. Cleaning/blowing of granite and sidewalks: 8%;

4. Cleaning/removal of trash and debris: 10%;

5. Palms: 5% of annual cost;

6. Weed control/management: 15%;

7. Fertilizer, pest control application: 5%;

8. Contractor’s quality control and conduct: 10%.

Contractor further specifically agrees as a condition of this Contract that if the Town reasonably finds that a category of work is in whole or in part deficient, and the Contractor has failed to timely cure such deficiency after notice, the Town may deem the entire category of work deficient for purposes of deductions from payment.

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The Town in its sole discretion may consider the Contractor’s original bid estimates for purposes of calculating deductions from payment. Any decision of the Town concerning deductions is final.

In addition to or in lieu of the deductions set forth above, deductions from payment may be made for any of the following:

Action : Deduction Amount:

1. Town re-inspection $50/re-inspection

2. Failure to respond to emergency calls within specified time $50/event

3. Failure to correct deficiency within specified re-work time $50/day

4. Failure to start “extra work” at agreed upon time $50/day

5. Failure to start and complete routine work as scheduled $25/site/day

6. Failure to submit schedules or work plans on time $25/day

7. Field Supervisor not available, or failure to perform daily inspections. $25/day

8. Failure to wear Contractor uniform $25/day/person

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SECTION 8

CONTRACTOR / TOWN COMMUNICATIONS

Local Office

Throughout the period of this contract, the Contractor shall establish and maintain a local office within Maricopa County.

Contractor’s Managing Agent or the Managing Agent’s authorized representative shall serve as the point of contact for dealing and communicating with the Contractor.

Town Contact

The Town’s point of contact will be the PKID Field Supervisor or their authorized representative, in all matters pertaining to this Contract, including those having to do with communications to or from the District.

Field Supervisor

The Contractor shall have a field supervisor available during working hours for coordination with the Town. The field supervisor shall be a different employee from the company owner, manager, or CEO.

The Contractor shall supply, prior to commencing Work, the names and phone numbers at which the field supervisor can be reached during working hours. The Contractor will also supply a phone number in which the field supervisor, or their authorized representative, can be reached during evenings, weekends, and holidays.

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SECTION 9

STANDARD SPECIFICATIONS

Contractor shall perform the following:

Cleaning

Contractor must submit a cleaning schedule to the Town for approval within the first week of Contractor beginning landscape maintenance within the PKIDs. Weekly, monthly, and annual cleaning is to occur at standard intervals, i.e. approximately the same day each week or month.

Any changes to the cleaning schedule must be submitted in writing to the Town a minimum of two (2) weeks prior to implementation. Any proposed changes to the cleaning schedule must be approved by the PKID Field Supervisor in writing.

Daily Cleaning:

Except as otherwise provided for in this Section 9, Contractor shall remove debris from all landscape areas as defined in Section 2 on a daily basis, including but not limited to, trash such as paper, cans, bottles, broken glass, animal/pet waste, and dried or dead plants or parts of plants (leaves, fronds, branches, etc.) accumulated as a result of littering, wind or storms.

Debris that has accumulated inside/under barbecue grills and drinking fountains; inside and around playground sand areas, multi-purpose play slabs, ramadas, picnic pads, sport courts, and hard surface walkways, sidewalks, and patios shall be removed on a daily basis.

Banners, tape, signs, graffiti, streamers, tablecloths, balloon remnants, and any other similar materials will be removed from ramadas and picnic tables on a daily basis.

All hard surface walkways, sidewalks, curb areas, patio areas, play slabs, and courts shall be maintained in a broom-swept condition.

Weekly Cleaning:

Gravel (including decomposed granite) areas shall be raked at least weekly.

Playground area fall zones utilizing wood chips around swings, slides, spring toys, overhead acrobatic bars, or around other similar playground equipment shall be leveled weekly.

Monthly Cleaning:

Debris in and around storm water inlets, inside or behind storm water and irrigation gates and grates shall be removed at least once monthly.

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Raised median hardscape (concrete, pavers, stamped asphalt) shall be swept or blown clean at least once a month. If blowers are used, Contractor employees must proceed with caution to avoid hazards to self, traffic, and citizens.

Slopes or berms containing gravel or decomposed granite shall be inspected and raked at least monthly.

Playground areas with woodchips shall be filled and raked to a maximum of three inches (3”) below concrete curbing at least monthly. Contractor is responsible for providing woodchips.

Annual Cleaning:

All sand areas in playground areas are to be loosened to full sand depth once a year using a tilling machine. The Town will instruct Contractor when tilling is to occur.

Dust Control

Contractor shall undertake dust control measures to comply with Maricopa County Bureau of Air Control Rules and Regulations.

Contractor shall not operate any blower, including any leaf blower, except while in vacuum mode on any High Pollution Advisory Day forecast by the Arizona Department of Environmental Quality (“ADEQ”). If Contractor has scheduled blowers to be used, and a High Pollution Advisory Day is forecast by the ADEQ, Contractor shall re-schedule the use of blowers to the next non-High Pollution Advisory Day at no additional cost to Town, and advise the Town of the change in schedule. It is the Contractor’s responsibility to be aware of forecast status and to communicate this information to all work crews. Contractor shall not blow landscape debris onto public roadways at any time.

Contractor shall not operate a blower, including any leaf blower, except on surfaces that have been stabilized with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous material, and seal coat of bituminous binder and a mineral aggregate, decomposed granite cover, crushed granite cover, aggregate cover, gravel cover, or grass or other continuous vegetative cover, or any combination of those stabilizers.

If street sweepers are used on public roadways, such work must be conducted with street sweepers that meet the South Coast Air Quality Management District Rule 1186 Street Sweeper Certification specifications for pick-up efficiency and PM-10 Emissions in effect on January 1, 2007.

Storm Events

The Contractor shall remove all debris, including fallen trees, and make all necessary repairs to stakes and guy wires on trees within twenty-four (24) hours following a storm event, or sooner if required by Town for health and safety reasons. Each tree that needs to be righted shall be

Revised June 19, 2025 SDG:sdg 2671635.1 5/15/2016 staked with a minimum of three (3) stakes and guy wires. Holes from uprooted trees shall be filled and leveled with clean fill dirt.

Tree Removal

Contractor shall remove all dead trees identified by Town. Tree removal price will be based on the diameter of the tree at breast height (DBH) provided to the Town in the initial bid submission.

DBH will be defined at the standard forestry measurement of the diameter of the tree trunk taken at a height of 4.5 feet (1.37 meters) above ground. Contract price includes removal of the stump by grinding it into mulch. Town designee is to be notified prior to tree removal and must give written approval prior to tree removal. Care will be taken to remove damaged or fallen trees immediately out of traveled areas. Fallen trees due to a storm event shall not incur a tree removal fee.

Disposal

All material collected shall be disposed of by the Contractor daily and in accordance with all Town, County, State and Federal requirements. Debris shall not be disposed of at temporary storage sites unless approved by the Town.

If temporary storage is approved, debris is to be removed to the point of final disposal the same day. The Contractor shall be solely responsible for any disposal fees (dumping charges). All sidewalks are to be cleaned as part of routine maintenance work.

Maintenance of Raised Medians

Any pavers found damaged should be repaired when discovered. Matching granite is to be added in areas where granite has worn away due to erosion, traffic, or other reasons; Town will approve addition of granite and reimburse Contractor for the costs of the granite.

Mowing

Contractor must submit a mowing schedule to the Town for approval. Any changes to the mowing schedule must be submitted in writing to the Town a minimum of two (2) weeks prior to implementation. Any proposed changes to the mowing schedule must be approved by the PKID Field Supervisor in writing.

Cleaning: Prior to mowing, the area shall be cleaned and free of all debris.