4407 PW Landscape Services RFP FINAL.pdf

CITY OF CHANDLER

NOTICE OF REQUEST FOR PROPOSAL PW2-988-4407

SOLICITATION TITLE: PUBLIC WORKS LANDSCAPE SERVICES

SOLICITATION NO.: PW2-988-4407

PROPOSAL DUE DATE: October 26, 2021

PROPOSAL DUE TIME: 4:30 pm local Arizona time

SUBMIT TO: Via email to:

raquel.mcmahon@chandleraz.gov Email and attachments may not exceed 50 MB

PRE-PROPOSAL CONFERENCE: October 14, 2021 11:00 am local Arizona time

CONFERENCE ATTENDANCE: Dial in number: 1-415-655-0001

Meeting number: 2594 494 9989

CONTACT: Raquel McMahon, CPPB Procurement Officer Phone: (480) 782-2407 Email: raquel.mcmahon@chandleraz.gov

ISSUE DATE: September 30, 2021

Proposals for the commodity or service specified will be received by the Purchasing Division, City of Chandler, via email to raquel.mcmahon@chandleraz.gov, until the time and date cited above.

Proposals must be received in the email inbox of the responsible Procurement Officer on or prior to the exact time and date indicated above.

Instructions for preparing proposals are provided on the following pages.

RFP Summary: The City is requesting proposals from qualified offerors to provide the City with landscape services pursuant to the attached agreement.

INFORMATION AND INSTRUCTIONS TO PROPOSERS

1. Vendor Registration. Proposers must register via the on-line vendor registration system to automatically receive notification of addenda to this solicitation or notice of other solicitation opportunities. Visit https://www.chandleraz.gov/business/vendor-services/purchasing, select Vendor Registration and Management.

2. Addendum. This RFP may only be modified by a written addendum. Proposers are responsible for obtaining all addenda. A Proposer must not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the solicitation.

3. Late Proposals. Late proposals will not be accepted. It is the sole responsibility of the

Proposer to ensure that its proposal is received at or prior to the exact date and time indicated on the Notice Page. The time stamp of the City’s email system will govern timeliness of submission.

4. Cost of Proposal Preparation. The City will not reimburse any Proposer the cost of responding to a solicitation.

5. Duty to Examine. It is the responsibility of each Proposer to examine the entire solicitation, seek clarification and make inquiries, and examine its proposal for accuracy before submitting it. Lack of care in preparing a proposal will not be grounds for modifying or withdrawing the proposal after the due date and time, nor will it give rise to any claim.

6. Inquiries. Any inquiry related to this solicitation, including any requests for or inquiries regarding standards referenced in the solicitation must be directed solely to the Procurement Officer listed on the cover page of the solicitation. Proposers will not contact or direct inquiries concerning this solicitation to any other City employee unless the solicitation specifically identifies a person other than the Procurement Officer as a contact.

All inquiries, except those at the Pre-Proposal Conference, should be submitted in writing and refer to the appropriate solicitation number, page and paragraph. The City will consider the relevancy of all inquiries but is not required to respond in writing.

Any inquiry must be submitted as soon as possible and should be submitted at least ten days before the proposal due date and time for review and determination by City. Failure to do so may result in the inquiry not being addressed in a solicitation addendum.

7. Remote Attendance at Pre-Proposal Conference. The City may offer remote attendance at the Pre-Proposal Conference via a City-hosted dial-in meeting. If remote attendance is offered, meeting details will be provided on the Notice Page. Interested Offerors attending remotely may be required to register and provide, at a minimum, attendee name and company name.

Remote attendance is provided as a courtesy. Attendees are responsible for all aspects of their attendance. The City will not provide technical support for remote attendance.

https://www.chandleraz.gov/business/vendor-services/purchasing

8. Exceptions to the Solicitation. Any exception to the solicitation must be submitted as soon as possible and should be submitted at least ten days before the proposal due date and time for review and determination by City. Failure to do so may result in the exception not being addressed in a solicitation addendum.

9. Proposal Amendment or Withdrawal. A proposal may be withdrawn at any time before the due date and time. A proposal may not be amended or withdrawn after the due date and time except as otherwise provided by applicable law.

10. Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate will govern.

11. Non-Collusion and Non-Discrimination. By signing and submitting the proposal, the

Proposer certifies that the Proposer did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its proposal; and the Proposer does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, age, sex, national origin, or disability, and that it complies with all applicable Federal, state and local laws and executive orders regarding employment.

12. Waiver and Rejection Rights. The City reserves the right to waive any immaterial defect or informality; or reject any or all proposals, or portions thereof; or reissue the Request for Proposal; and will be the sole judge of the merits of the proposals received.

13. Proposal Opening. Proposals will be opened as indicated on the Notice Page, unless amended in writing by the Procurement Officer issuing the solicitation. The name of each Proposer will be public information following the proposal opening. No other information will be publicly disclosed at that time.

14. Public Record. All proposals submitted in response to this solicitation and all evaluation related records will become property of City and will become a matter of public record for review, subsequent to publication by the City of the proposed award in the agenda for the City Council Meeting, or upon award by the appropriate approving authority or as otherwise required by law.

15. Confidential Information. A request for nondisclosure of data such as trade secrets or other proprietary information must be submitted with the proposal and must contain the basis for the request. Any information included in the request must be submitted as a separate file. Price is not confidential and will not be withheld. A blanket statement of confidentiality will not be considered. It is the Proposer’s responsibility to identify and segregate the information in the proposal provided to the City.

The City will review all requests for confidentiality and may approve or deny all or portions of the request. Information denied confidentiality will be released as public information. In the event of a public records request for information granted confidentiality, the City will endeavor provide 48-hours’ notice before releasing materials in order for the Proposer to apply for a court order blocking the release of the information.

16. Proposal Acceptance Period. All proposals will remain valid for 120 days after the day of the opening of proposals. The City may, at its sole discretion, release any proposal and return any security (as applicable) prior to that date. No Proposer may withdraw a proposal during this period without written permission from the City. Should any Proposer refuse to enter into an agreement, under the terms and conditions of the procurement, the City may retain any security (as applicable) as liquidated damages.

17. Discussions with Proposers and Revisions to Proposals. Discussions and additional investigations may be conducted with responsible Proposers who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final proposals.

In conducting discussions, there will be no disclosure of any information derived from proposals submitted by competing Proposers. The purposes of such discussions will be to:

determine in greater detail such Proposer’s qualifications; explore with the Proposer the scope and nature of the project, the Proposer’s proposed method of performance, and the relative utility of alternate methods of approach; determine that the Proposer will make available the necessary personnel and facilities to perform within the required time; agreeing upon compensation, which is fair and reasonable, taking into account the estimated value of the required services, and the scope, complexity and nature of such services.

18. Clarifications. City reserves the right to obtain Proposer clarifications where necessary to arrive at full and complete understanding of Proposer’s product, service, and solicitation response. Clarification means a communication with a Proposer for the purpose of eliminating ambiguities in the proposal and does not give Proposer an opportunity to revise or modify its proposal.

19. Agreement Negotiations. City reserves the right to conduct exclusive or concurrent negotiations with responsible Proposer(s) for the purpose of agreeing to the conditions, terms and price of the proposed agreement unless prohibited. Proposers will be accorded fair and equal treatment in conducting negotiations and there will be no disclosure of any information derived from proposals submitted by competing Proposers. Exclusive or concurrent negotiations will not constitute an agreement award nor will it confer any property rights to the successful Proposer. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into subsequent concurrent or exclusive negotiations with the next most qualified Proposer(s).

20. Payment. Proposers may agree to accept the City Procurement Card (Mastercard) for payment. Proposers should indicate on the Proposer Information and Offer Section of this RFP, their willingness to accept City Procurement Card payments. The inability to accept payment by City Procurement Card will not disqualify a Proposer’s response.

Proposers may also agree to accept other traditional payment methods, including automated clearinghouse (ACH). Payment terms for traditional payment methods are Net

30 upon receipt of an accurate invoice. Proposers may propose additional discounts for early payment within their proposal.

21. Local Business Consideration. Where the Chandler Administrative Regulation MS-16 Local Business Consideration is applicable, any applicable Chandler Transaction Privilege Tax will be deducted from the net cost for the purpose of evaluation.

22. Protests. A protest must be in writing and be filed with the Purchasing Division. To be considered filed, a protest must be submitted via email to the Procurement Officer identified on the Notice Page.

A protest of a solicitation must be received not less than five days before the solicitation opening date.

A protest of a proposed award requiring City Council approval must be filed within five calendar days of the first posting of the award recommendation. Award recommendations are posted on the Purchasing web site at www.chandleraz.gov/purchasing and/or the City Clerk web site at http://www.chandleraz.gov/default.aspx?pageid=1007 If the protest due date occurs on a weekend or holiday, the protest must be filed the next business day.

A protest of an award not requiring City Council approval (less than $50,000 or $30,000 for Consultants) must be submitted within ten calendar days of the date the protester knows or should have known the basis of the protest.

A protest must include:

• The name, address and telephone number of the protester;

• The signature of the protester or its representative;

• Identification of the project and the solicitation or agreement number;

• A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and the form of relief requested.

The City will review the protest and may issue a written response.

23. Award. Unless otherwise provided in this solicitation, the City reserves the right to make multiple awards, award by item, group or as a total, as is deemed most advantageous to the City.

24. Execution of Agreement. Within ten days of notice that Proposer is the recommended awardee, Proposer will execute and return the Agreement to Purchasing.

25. Persons with Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Procurement Officer.

Requests must be made as early as possible to allow time to arrange the accommodation.

http://www.chandleraz.gov/purchasing http://www.chandleraz.gov/default.aspx?pageid=1007

PROPOSAL CONTENT

Proposers must submit one copy of the proposal via email to the responsible Procurement Officer.

The REQUEST FOR PROPOSAL TITLE, NUMBER AND OFFEROR NAME should be in the subject line of the email. Emails and attachments may not exceed 50 MB in size. Attachments should be in .pdf format and named with the RFP number and Offeror name. A single email is preferred, however multiple emails are permissible provided that all are received prior to the due date and time.

Proposals should include the following information in the order listed:

1. Completed Proposer Information and Offer Section. Complete and submit the Proposer Information and Offer Section in the format provided in this solicitation. Failure to do so may result in the proposal being rejected as non-responsive. The Proposer Information and Offer Section within the solicitation must include a signature by a person authorized to sign the proposal. The signature must signify the Proposer’s intent to be bound by its Proposal and the terms of the solicitation and that the information provided is true, accurate and complete.

2. Responses to Proposal Evaluation Criteria. Submit information requested in the Evaluation Criteria Section provided in this solicitation. Forms, such as pricing forms, must be completed in the format provided in the solicitation. Failure to do so may result in the proposal being rejected as non-responsive.

3. Exceptions to Agreement. The City’s standard Agreement is included as a part of this solicitation. By submitting a proposal, the Proposer acknowledges having reviewed the Agreement. Any exceptions to the Scope of Work or Specifications or to Agreement terms and conditions must be included with the proposal and be clearly identified. Exceptions not included in the proposal may not be introduced in the future. Any exceptions to the Scope of Work, Specifications or the Agreement language will be considered and included in City’s evaluation of the proposal. A proposal that takes exception to a material requirement of any part of the Scope of Work, Specifications or Agreement language may be rejected as non-responsive.

4. Disclosure. If the Proposer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or local government, or if any such preclusion is currently pending, the Proposer must make disclosure. In the proposal, the Proposer must include information including the name and address of the governmental entity, the effective date and duration of this suspension or debarment, and the relevant circumstances. The City reserves the right to reject a proposal received from a Proposer, including each of its principals, who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity.

PROPOSER INFORMATION AND OFFER SECTION

Company Name

Business Type (Corporation, Partnership, etc.)

State of Incorporation (if applicable)

Federal Tax I.D. No.

Address

City, State, Zip

Authorized Signature

Name and Title

Contact Name

Title

Telephone

E-mail

Chandler Transaction Privilege Tax (TPT) No. (if applicable) Date of issue:

Is proposed purchase subject to TPT? _______yes _______no

Will you accept a City Procurement Card (MasterCard) for payment of invoices? _______yes _______no

If you accept a MasterCard for payment, do you charge a fee?

_______yes _______no If yes, what is the fee?______

Will you accept automated clearinghouse (ACH) for payment of invoices? _______yes _______no

Prompt Payment Terms Offered _______% Net _________ days

Disclosure of Debarment or Suspension

_______yes _______no

(If yes, please attach description of the circumstances)

Exceptions Taken

_______yes _______no

(If yes, please attach a clearly identified section)

Date Addendum #1 Acknowledged/Received

Date Addendum #2 Acknowledged/Received

SCOPE OF WORK

SECTION I – INTRODUCTION/GENERAL

Contractor will provide Landscaping Services at various locations throughout the City. The specifications listed below are the minimum requirements and are intended to govern the requirements desired. The City of Chandler reserves the right to evaluate variations from these specifications.

General landscape maintenance includes care of all plants, trees, shrubs listed in the solicitation as well as desert southwest plants such as cacti. The definition of "trees and shrubs" refers to the approximate plant's size and does not limit the scope to particular plant species.

VENDOR QUALIFICATIONS

The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI and OSHA laws, rules and regulations and all other applicable regulations for the term of this contract.

Contractor MUST hold a valid Landscaping and Irrigation Systems ‘A-21’ category license or ‘K- 21’ category license as issued by the State of Arizona Registrar of Contractors prior to submission of a proposal and must maintain same throughout the duration of the contract term and any subsequent contract extensions. Failure to maintain said license may be grounds for default of the contract and subsequent termination.

The Contractor may not subcontract any segment or services covered herein, without prior approval of the Contract Administrator. All subcontractors used under the scope of this contract shall meet all requirements, terms and conditions set forth herein. All subcontracted services shall be warranted by and be the responsibility of the Contractor.

The Contractor MUST have and maintain full time Company representation located in the Phoenix, Arizona metropolitan area, with the ability and authority to address all Contract issues that may develop. The Contractor shall provide to the Contract Administrator, the individual’s name and contact information, including cellular phone, pager, and off-hours phone numbers.

The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any necessary licenses and permits required in connection with the completion of the required services herein.

Contractor shall have been conducting business within the Phoenix Metropolitan area for a MINIMUM of two (2) consecutive years. Offeror’s/Bidder’s place of business MUST be physically located in the Phoenix, Arizona metropolitan area.

Landscape staff shall have a minimum of 2-3 years of proven experience providing similar services. Contractor will provide 3 references to contract administrator so that experience can be verified.

1. DESCRIPTION. CONTRACTOR shall furnish all labor, licenses and permits, as well as material and equipment necessary to maintain the CITY locations as specified herein. For this Agreement, the CONTRACTOR shall be licensed by the Arizona Registrar of Contractors as an active, licensed landscape contractor. The CITY is requiring CONTRACTOR to have a qualifying party at time of submittal as well as a qualifying party with a proper active license with the Office of Pest Management.

CONTRACTOR shall keep all areas clean of weeds, debris, dog waste, dried/dead plants or parts of plants (leaves, fronds, branches, etc.), tumbleweeds, seedlings and suckers. This is to include sidewalks, walls and areas adjacent to the inside and outside of walls or any area where debris may collect. All trees and shrubs shall be kept in such a manner that they present a pleasing appearance and are not a sight or safety hazard. All areas shall be fertilized in accordance with specifications listed herein. Gravel areas shall be kept clean and raked in accordance with specifications to present a pleasing appearance. All irrigation systems shall be repaired and operating efficiently to insure healthy plants and turf. All turf areas shall be mowed, cleaned and maintained according to requirements in the specifications.

Several sites in this Agreement currently utilize reclaimed water for irrigation.

CONTRACTOR shall be responsible for identifying which locations utilize reclaimed water and provide notification and training to their employees in accordance with Arizona Administration Code R18-9-704, General Requirements, and the Maricopa County Environmental Health Service Reuse Manual while working at these locations.

All work specified herein shall be completed under the direction of and to the satisfaction of the Contract Administrator/designee. All areas shall be mowed and trimmed in accordance with specifications.

As additional facilities are built within CITY, they may be added to the maintenance of this Agreement at a negotiated price.

CONTRACTOR shall be required to have the equipment on hand necessary to perform all requirements listed herein. CONTRACTOR shall list all equipment to be used on this contract on Exhibit E attached.

1.1 Site Inspection: Bidders will have the opportunity to visit sites listed on the following dates

October 6th and 7th from 8:00 AM to 1:00 PM. This is an opportunity to view sites only, questions regarding specifications must be sent to the procurement officer listed on page one of this solicitation. Any verbal “changes” made on site will only be valid if issued in the form of an addendum. This will be the only opportunity for bidders to visit sites as most require access, bidders are encouraged to visit sites.

1.2 Materials. Contract Administrator/designee must approve the purchase of any materials that are not stipulated in the contract prior to purchase. CONTRACTOR must provide invoices as proof of purchase to the contract administrator before reimbursement will be made.

The City retains the right to make direct purchases of all materials and to make them available to the CONTRACTOR for use in fulfilling the terms of this agreement.

1.3 Acceptance. All work specified shall be completed under the direction of and to the satisfaction of the designee responsible for the Area specified.

1.4 Water. The CITY will furnish all water. A water meter will be provided, when needed.

1.5 Additions and Deletions. The CITY retains the right to delete or add maintenance areas and items to this contract. Charges for areas or items deleted will be removed from the monthly billing. The CITY 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 Agreement are subject to the approval by the Mayor and City Council/City Manager.

Charges for areas added shall be priced comparably to similar areas.

1.6 Extra Work. The CITY may require the CONTRACTOR to perform work in addition to items specified in the Agreement, including but not limited to, repair of accident damage to landscaping and/or one-time cleanup.

Extra work ordered on the basis of hourly rates, will be compensated payable as set forth in Exhibit C, attached hereto and made a part hereof by reference.

CONTRACTOR shall not perform any extra work until authorization is obtained from the

Contract Administrator/designee. This authorization will be in the form of a written request or a numbered authorization form. Extra work performed without authorization may not be paid.

The Contract Administrator/designee will approve any additional work not covered by the hourly rate prior to CONTRACTOR commencing work. The CONTRACTOR shall submit an estimate to the Contract Administrator/designee for approval. The charges will be determined if they are fair and reasonable by the Contract Administrator/designee. The CITY reserves the right to perform the work or contract other vendor's if the CONTRACTOR's estimate is not considered fair and reasonable.

The rate listed on price page shall be considered valid throughout the term of the Agreement. Adjustments may be made according to the Terms & Conditions listed herein and must be approved in writing by Contract Administrator/designee. Hourly rates listed are considered to include all profit, overhead, mobilization, and transportation costs.

Work requiring only one person will be paid for at the labor rate. No extra payment will be made for time spent on any job where CONTRACTOR’s employees are above the class of foreman. Supervisors, general superintendents, estimators, and company owners are considered by CITY to be compensated for by the overhead portion of other earnings from

CITY.

CONTRACTOR understands and agrees that this Agreement does not convey any exclusive right to perform extra work that may be required during the term of this Agreement.

1.7 Vandalism: All cases of vandalism shall be reported to the City when discovered and the Contract Administrator/designee shall determine the course of action to be taken.

1.8 Quality Control: CONTRACTOR shall establish a complete quality control program to assure the requirements of the contract are provided as specified. One copy of the CONTRACTOR's quality control program shall be provided to the Contract Administrator/designee and the Purchasing Division for approval at the time of award. The Contract Administrator/designee will approve or disapprove the CONTRACTOR's program within 10 working days of submittal. CONTRACTOR must have an approved program before commencing work under this Agreement. The program shall include but not be limited to the following:

1. Weekly Schedule of Performance.

2. Performance Requirements Summary Report: This report will provide such information so as to insure compliance of quality control standards. The Contract Administrator/designee will provide the preferred format that CONTRACTOR should use. CONTRACTOR shall submit the Performance Requirement Summary Report on a weekly basis. Any vandalism shall be reported to the Contract

Administrator/designee within two (2) hours after it is discovered and a vandalism report form submitted.

3. CONTRACTOR will be required to provide a schedule for weekly maintenance of all areas to the Contract Administrator/designee the Friday before the scheduled work week, specifying when each area will be maintained and no changes to the schedule shall be made without prior approval of the Contract Administrator/designee.

1.9 Quality Assurance: The Contract Administrator/designee will monitor CONTRACTOR's performance by random inspection of CITY landscaped areas to insure CONTRACTOR compliance with the requirements of the contract. In the event a deficiency exists, 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, notwithstanding that the CONTRACTOR is required to rework services that were unsatisfactorily performed.

1.10 Deductions to Payments Due. If CONTRACTOR fails to perform work in accordance with the Agreement, the CITY may hold part or all payments due to the CONTRACTOR. Partial payment may be withheld / never paid if CONTRACTOR has performed poorly. The CITY will establish the payment amount. If CONTRACTOR has not taken action to correct the deficiency within the time listed below, CITY may withhold all payments for the area affected until correction is made and liquidated damages/performance guarantees may be assessed. Upon completion of the corrective action and approval by Contract Administrator/designee, payment will be released. Unsatisfactory work will not be paid for.

Unless an extension has been provided in writing by the Contract Administrator/designee, failure to correct areas identified as deficient within the limits of this correction time limit schedule may result in cause for termination of the Agreement in accordance with provisions here.

Water & Sprinkler Repair – must be completed within 2 working days Weed control - must be completed within 3 working days Mowing-must be completed within 2 working days Cleaning – must be completed within 2 working days Fertilization – must be completed within 5 working days Trimming – must be completed within 3 working days Pruning – must be completed within 7 working days Replanting – must be completed within 7 working days Dead Plant removal – must be completed within 2 working days Hazard Removal (sight obstruction)- must be completed within 1 working day

1.11 Liquidated Damages / Performance Guarantees: The CITY’s expectation is that landscape and grounds maintenance performed by CONTRACTOR will result in landscape areas looking well-groomed and clean at all times. If tasks are omitted or not completed to the satisfaction of the Contract Administrator/designee, public safety as well as the appearance of landscape areas are compromised.

CONTRACTOR and CITY agree upon the following schedule of liquidated damages to be deducted from any monies due or to become due to CONTRACTOR under this Agreement.

These sums are fixed and agreed upon, not as a penalty, but because the parties mutually agree that the actual loss to the CITY and to the public caused by the omission of work or substandard performance is impractical and extremely difficult to ascertain.

SITUATION DEDUCT AMOUNT

Failure to correct deficiencies within the allowed time

$50 per per day

Failure to start “extra work” within allowed time or on the day agreed, or withdrawing from job prior to completion without authorization from CITY.

$50 per site per day

Failure to start and satisfactorily complete routine work within the scheduling requirements

$25 per site per day

Failure to submit schedules and/or work plans within the allotted day/time required.

$25 per site per day

Failure to wear uniform bearing CONTRACTOR’s name and/or bear individual photo ID

$25 per occurrence

1.12 Holidays: The following is a list of CITY holidays on which service will not be performed, with the exception of litter control services:

1. New Year's Eve Night

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. Veteran's Day – November 11

9. Thanksgiving Holiday – Fourth Thursday and the following Friday in November

10. Christmas Eve from 12:00 Noon – December 24

11. Christmas Day – December 25

When a holiday named herein falls on Sunday, it shall be observed on the following

Monday, and when a holiday named herein falls on Saturday, it shall be observed on the preceding Friday. During the week of a holiday, CONTRACTOR shall adjust the weekly schedule so as to return to the normal weekly schedule the following week.

2. CONTRACTOR COMMUNICATIONS / EMPLOYEES:

2.1 Local Office. Throughout the period of this Agreement, CONTRACTOR shall establish and maintain a local office and an authorized managing agent who can be contacted during normal business hours. A local office is one that can be reached from within the CITY without a toll call. An answering machine, fax and a mobile telephone will fulfill the requirement for a local office. CONTRACTOR must have a telephone number for contact, Monday through Friday, 6:00 am to 5:00 pm. CONTRACTOR’s local managing agent shall serve as the point of contact for dealing and communicating with the Contract Administrator/designee. CONTRACTOR is to return calls made by the CITY within 2 hours.

CONTRACTOR shall provide one work crew per each landscape area.

2.2 Field Supervisor. CONTRACTOR shall have a Field Supervisor available during working hours to address problems, field inspections, perform drive-throughs and for other coordination with the CITY. The CONTRACTOR’s Field Supervisor shall supervise only one contract unless approved by the Contract Administrator/designee. This person shall not have any additional labor duties, other than incidentals, nor function as a crew leader, irrigation technician or foreman. The Field Supervisor shall have separate transportation in order to be able to move independently between locations.

CONTRACTOR’s Field Supervisor shall have a mobile radio or cell phone to enhance communication between the CITY and the CONTRACTOR's field representative. At a minimum, all crews should be equipped with radios. If a cellular telephone is used, the CONTRACTOR shall be responsible for payment of all charges relating to its use. All communication equipment shall be kept on during business hours and in proper working condition at all times.

Field Supervisor shall have a minimum of five years proven experience supervising landscape crews. The Contract Administrator/designee has the right to review the qualifications of the field supervisor. If the City does not feel the supervisor is qualified, the CONTRACTOR shall remove him/her from that position. The CONTRACTOR will be provided an alternate contact when the Field Supervisor is not available. Contractor shall notify Contract Administrator/designee of changes to Field Supervisor personnel within 24 hours.

In the event of a change in personnel during the course of the contract, position shall be filled within two weeks unless otherwise agreed upon with Contract Administrator/designee.

2.3 Key Personnel. It is essential that the CONTRACTOR provide adequate experienced personnel who will ensure the successful accomplishment of the work to be performed under this Agreement. CONTRACTOR shall assign specific individuals to the key positions with Contract Administrator/designee approval.

a. CONTRACTOR agrees that key personnel assigned to work under this Agreement shall not be removed or replaced without written notice to the Contract

b. If key personnel are not available for work under this contract for a continuous period exceeding fourteen (14) calendar days, or are expected to devote substantially less effort to the work then initially anticipated, the CONTRACTOR shall immediately notify the Contract Administrator/designee, and shall, subject to the concurrence of the Contract Administrator/designee, replace each personnel with personnel of substantially equal ability and qualifications.

2.4 Minimum Requirements - Contractor’s Personnel. CONTRACTOR shall describe in detail, the personnel requirements necessary to complete work listed herein and shall provide Contract Administrator/designee AND Purchasing Division with a current list of employees assigned to this CITY contract. The list must include: quantity of landscape crews, how many employees per crew, vehicles assigned to each crew, full names, driver’s license number with expiration date, job title, and where applicable, certified pesticide applicator’s license number and expiration date or any other pertinent or required certification or registration. The list shall be kept current at all times. All company officers and employees working on this contract must be listed.

2.4.1 Identification. 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 nametag or identification card. New employees shall be in uniform within ten (10) working days after their start date.

2.4.2 Driver’s License. Employees driving CONTRACTOR's vehicles shall possess and carry a valid Vehicle Operator's license issued by the State of Arizona at all times.

2.4.3 Conduct of Personnel. CONTRACTOR's employees, officers and subcontractors shall not identify themselves as being employees of the CITY. Employees shall conduct themselves in such a manner as to avoid embarrassment to the CITY, and shall be courteous to the public.

CONTRACTOR shall require complete extensive background investigation of any CONTRACTOR employee before beginning work and/or entering a City of Chandler facility. All background investigations shall be conducted at CONTRACTOR's expense, and shall include, but may not be limited to, background checks and criminal history checks.

3. CONTRACTOR'S EQUIPMENT. CONTRACTOR shall provide and maintain equipment sufficient in number, condition and capacity to efficiently perform the work and render the services required by this Agreement. CONTRACTOR shall list all equipment to be used on this Agreement on Exhibit E (attached). All vehicles must be maintained in good repair, appearance and sanitary condition at all times. The CITY reserves the right to inspect the CONTRACTOR's vehicles at any time to ascertain said condition.

CONTRACTOR shall furnish the Contract Administrator/designee with a list identifying all equipment to be used in fulfilling this agreement and notify the Contract Administrator/designee of any additions or deletions. Any changes in the CONTRACTOR's equipment from the proposed equipment must have prior approval of the Contract

3.1 Equipment Identification. All vehicles used by the CONTRACTOR must be clearly identified with the name of the company and phone number of local office on each side of the equipment, including personnel transportation vehicles. The letters shall be of such size that they are distinguishable from reasonable distance.

4. LICENSE REQUIREMENTS. CONTRACTOR shall be a licensed landscape CONTRACTOR, licensed by the Arizona Registrar of Contractors and have a licensed, qualifying party status with the Office of Pest Management for the application of pesticide and herbicide products at the time of submittal. All chemical application must be done by applicators certified through the Office of Pest Management. The CITY reserves the right to evaluation variations from these specifications.

5. CONDITION OF MAINTENANCE AREAS AT BEGINNING OF CONTRACT. Upon receiving official notification that an Agreement has been approved by City Council, CONTRACTOR shall inspect the area for identification of pre-existing conditions that would prevent or adversely affect completion of any normal specific deficiencies found at each Agreement area and submit the list to the Contract Administrator/designee for review before a Notice to Proceed or purchase order will be issued. The Contract Administrator/designee will evaluate each problem listed to determine if extra compensation is warranted for repair work prior to starting routine maintenance.

The Contract Administrator/designee may authorize the CONTRACTOR to make extra cost repairs or may determine that the items listed represent normal conditions that might be expected at any time during the contract period.

The determination or disposition of all items listed shall be the responsibility of the Contract

Administrator/designee, who’s decision shall be final and binding upon the CONTRACTOR.

All repairs to pre-existing conditions deemed necessary and authorized by the Contract Administrator/designee, shall be made prior to the start of normal maintenance for the identified areas.

6. CONDITION OF MAINTENANCE AREAS AT END OF CONTRACT: Thirty days prior to the expiration or termination of this Agreement, the Contract Administrator/designee and the CONTRACTOR (if desired) will make a final inspection to determine the condition of all maintenance areas. Items found to be improperly maintained by the outgoing CONTRACTOR will be listed and evaluated by the Contract Administrator/designee.

If the CONTRACTOR does not take correcting action, the Contract Administrator/designee will arrange for repairs to be made and the costs for making repairs to the areas will be deducted from final payments to the outgoing CONTRACTOR. The same will apply even if the current (outgoing) CONTRACTOR has been awarded a new Agreement for the same areas.

SECTION TWO TECHNICAL SPECIFICATIONS FOR ALL SITES

1. SPECIALIZED HORTICULTURAL MAINTENANCE SCHEDULING AND NOTIFICATION.

CONTRACTOR shall notify the Contract Administrator/designee, in writing, at least two (2) weeks prior to the date of all Specialized Horticultural Maintenance operations including the following. Failure to notify the Contract Administrator/designee in writing of Specialized Horticultural Maintenance Schedules shall be considered breach of Agreement in accordance with this document.

a. Chemical Pest Control

b. Other items as determined by the Contract Administrator/designee

2. STANDARDS: The specifications listed below are the minimum requirements and are intended to govern, in general, the requirements desired. The CITY reserves the right to evaluate variations from these specifications.

2.1 Plant Material (Trees, Shrubs, Lawns, Cacti, Groundcover). CONTRACTOR shall be responsible for damage to or destruction of trees, shrubs, lawns and groundcover resulting from his performance in accomplishing the scope of the Agreement. (CONTRACTOR shall not be responsible for damage to or destruction of plant material that is the result of vandalism or due to damage caused by others).

CONTRACTOR shall replace, at his expense, plant material damaged or destroyed as a result of his service, including the replacement of plants that die from "root shock" or lack of water or care, within ten (10) days after planting by CONTRACTOR. All replacement plants furnished by CONTRACTOR shall be equal in size, species and quality to the original plant, which it replaces.

CONTRACTOR shall replace plant material damaged or destroyed as a result of vandalism or other causes beyond the control of the CONTRACTOR and will be reimbursed for labor at the "Rate per Hour", as stated in the Price Schedule.

The CITY will provide the replacement plant material at no cost to CONTRACTOR.

CONTRACTOR shall notify the Contract Administrator/designee of any badly stressed or damaged plant material immediately upon discovery. The CITY reserves the right to determine what should be replaced.

All plant material replacements to be made by CONTRACTOR shall be approved by the

Contract Administrator/designee in writing prior to replacement. Cost liability for replacement will be determined at that time. The CITY will be sole judge as to whether treatment or removal and replacement are required.

All tree removals shall be approved by the Contract Administrator/designee in writing prior to CONTRACTOR commencing any work. CONTRACTOR shall submit a report to Contract Administrator/designee on all areas where trees have been removed. The log shall include, but not be limited to:

(1) Area/Location

(2) Date actually removed

(3) Type of tree removed

(4) Approximate height and diameter

(5) Purpose for removal

CONTRACTOR shall immediately notify the Contract Administrator/designee in writing of any disease or pest infestation that may result in the destruction of plant material. In the event the disease or pest infestation resulted from improper plant maintenance (See Pest and Insect Control section), CONTRACTOR shall be responsible for all plant material and labor costs required to restore the plant materials and area to its original condition.

CONTRACTOR shall remove all frost-killed wood in the spring after new growth begins.

Contractor shall stump grind as required.

CONTRACTOR shall keep all trees that are staked at the beginning of the Agreement and any trees replaced during the Agreement period, staked according to CITY specifications:

Two (2) 8-foot 2" x 2" lodge poles on each side of the tree approximately 18 inches apart with two hose protected wire guys between trees; and stakes firmly driven into the ground 12 to 18 inches. As trees mature, CONTRACTOR shall remove stakes for the health of the tree.

Immediately after wind/rain and monsoon storms, CONTRACTOR shall check all areas in Agreement for trees needing re-staking and rewiring and begin work to keep trees out of street right-of-way and sidewalks.

CONTRACTOR shall prune all trees by approved method to keep tree branches out of street right-of-way, for 13' 6" high vertical clearance on major streets and off sidewalk for 8' clearance. Pole saws and pruners are approved for this work. Trimming height will not be limited to this specified height. The CITY has the right to request trimming of all trees per CITY tree and shrub pruning for all sites and right of ways.

CONTRACTOR shall prune all shrubs and groundcover in an acceptable and methodical manner: i.e., selective pruning in keeping with good horticultural practices. Pruning of all shrubs and groundcover shall be limited to containment of vegetative growth to the inside edge of curb lines, sidewalks (if any) and a maximum of 24 inches above height of grade (street surface) for shrubs within the sight distance triangle. Shrubs in R.O.W. or basins within 10 feet of a wall shall be kept at the height not to exceed the wall. Pruning shall also include the removal of dead, dying, diseased and broken portions of each plant. If replacement is necessary, except when due to negligence of CONTRACTOR, the CITY will supply plant materials. Pruning shall be performed in such a way that plant material does not create a visibility obstruction to vehicular traffic. The Contract Administrator/designee shall reserve the right to determine when plant material creates a visibility obstruction.

Height of trimming of shrubs in continuous areas will be consistent in height. The CITY will determine height of trimming. See Municipal Utilities Tree and Shrub pruning specifications.

Pruning, elevating and shaping of trees shall be limited to small trees, regardless of what their anticipated mature height may be. Pole saws and pruners should be used to meet height requirements as specified in 2(a) of this contract. Pruning shall be performed following accepted practices, no stubs.

Pruning is defined as cutting to a tree to shape, thin, or change the direction of the new growth. This shall include crown cleaning, crown thinning, crown reduction, crown restoration and crown raising. Trimming is cutting to remove a hazard or sight obstruction.

CONTRACTOR shall have good quality, appropriate hand tools available at all times.

CONTRACTOR shall keep all tools in a clean, operative and sharp condition and shall have them sterilized periodically. If disease/infection is suspected or known within a certain plant(s), CONTRACTOR shall sterilize all cutting tools between each cut. All hand shears and loppers shall be a type having two (2) cutting edges. Anvil type pruners are not acceptable.

All branches and clippings shall be removed from site at completion of each workday.

CONTRACTOR shall prune all trees at least once a year, but trees may require touch up trimming and pruning throughout the year on an as needed basis, per City ROW and Municipal Utilities Tree and Shrub pruning specifications.

Palm trees regardless of height shall have frond stubs and seed pods removed in July, but do not require skinning. More than one trimming of palms may be required. This shall be on an as-needed basis at no additional cost.

Pruning standards shall follow the AZ Landscape Contractor Association Standards for Landscape Care for correct pruning.

CONTRACTOR shall have an ISA Certified Arborist or Certified Tree Worker available to train, oversee, and supervise all pruning of trees.

3. PEST AND INSECT CONTROL. CONTRACTOR shall take normal precautions and institute proper procedures for the control of insects, pests or disease and shall be responsible for all damages resulting from improper procedures or the failure to take normal precautions to control insects, pests or disease.

CONTRACTOR shall submit a list of proposed chemicals to the Contract Administrator/designee for approval prior to using any such chemicals. Any deviation from the approved list without prior written approval may be grounds for termination.

CONTRACTOR shall be responsible for any adverse effects or death of plant materials, including soil sterilization, runoff and drift onto adjacent properties, caused by the application of chemicals. CONTRACTOR shall make all repairs or replacements, due to the application of chemicals, at his own expense.

CONTRACTOR shall control gophers and other pests, which burrow, crawl, fly, nest or otherwise reside on the work site. It shall be the CONTRACTOR's responsibility to determine the method of control and to execute action as determined, however, prior written approval from Contract Administrator/designee must be obtained.

CONTRACTOR shall furnish all chemicals, rodenticides, insecticides, and equipment and labor necessary to provide pest control at various CITY locations listed. Service shall include cleanout and control of all pests and insects.

Pesticides shall be used in strict conformance with manufacturer's instructions as they appear on the label, or approved by the Arizona State Chemist. Pesticide(s) shall not be left unattended or not under lock and key, and no pesticide will be stored on the premises of CITY buildings or grounds.

CONTRACTOR shall maintained a listing of all products used for quick reference, to include product names, formulas and antidotes covering chemicals and pesticides to be used under this contract.