For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/alamedaca

INVITATION FOR BID

CPS 07-26-05

LANDSCAPE MAINTENANCE

RELEASE DATE: August 21, 2026

RESPONSE DEADLINE: October 2, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

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Table Of Contents

1. NOTICE INVITING BIDS

2. INSTRUCTIONS TO BIDDERS

3. OPENING OF BIDS

4. AWARD OF CONTRACT AND REJECTION OF BIDS

5. BID PROTESTS

6. PREVAILING WAGES

7. GENERAL CONDITIONS

8. INSURANCE REQUIREMENTS

9. SCOPE OF WORK

10. PRICING PROPOSAL

11. VENDOR QUESTIONNAIRE

12. PUBLIC NATURE OF MATERIALS

Attachments:

A - CityAlamedaIPM Policy 2010

B - Contractor IPM verification form

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1. NOTICE INVITING BIDS

1.1. Bid Submission

Alameda Municipal Power (“AMP”), a department of the City of Alameda (“City”), acting by and through the

City’s Public Utilities Board (“PUB”), will accept electronically submitted bids for its Landscape Maintenance

Project (“Project”), by or before Friday, October 2, 2026 at 2:00 pm, via OpenGov Procurement, at:

https://procurement.opengov.com/portal/alamedaca/projects/289314 (“Bid Portal”). Bids that are not submitted by a registered vendor via the Bid Portal will not be accepted.

1.2. Project Information

A. Location and Description. The Project is located at The sites in Alameda are: 2000 Grand Street, 1835

Oak Street, 1828 Grand Street, 2020 High Street, 2179 Clement Ave, 90 W Atlantic (shown on google maps as 360 W Atlantic), and the pathway from Bridgeview Isle to the Bay near Towata Park. There is one site in Oakland at 4573 Tidewater Ave (shown on maps as 4597 Tidewater Ave)., and is described as follows: Alameda Municipal Power (AMP), a department of the City of Alameda (City), is a municipally owned electric utility serving customers within the City. AMP operates an office complex, warehouse, and various electrical facilities that require ongoing landscape maintenance. The purpose of this work is to maintain clean, safe, and attractive facilities for AMP employees and customers. The

Scope of Work includes routine landscape maintenance services at designated AMP facilities. Services shall be provided to maintain the appearance, safety, usability, and health of plant materials in accordance with accepted horticultural standards and the requirements of this Scope of Work. The

Technical Specifications contain the full description of the Work.

B. Anticipated Start Date. AMP anticipates that the Work will begin on or about 11/1/2026, but the anticipated start date is provided solely for convenience and is neither certain nor binding.

C. Contract Duration. The contract term will be up to 3 years.

1.3. License and Registration Requirements

A. License. This Project requires a valid California contractor’s license for the following classification(s):

1. A State of California C-27 Landscape Contractor License and registration with the Department of

Industrial Relations;

2. A valid State of California Department of Pesticide Regulation Qualified Applicator’s License

(QAL) or licensed Pest Control Adviser (PCA) registered with the County Agricultural

Commissioner;

3. Integrated Pest Management (IPM) certification(s) through a recognized program (such as EcoWise, GreenPro, or Bay-Friendly Qualified Landscape Professionals); and

4. A City of Alameda Business License, which may be obtained after contract award but must be in place prior to the start of work.

https://procurement.opengov.com/portal/alamedaca/projects/289314

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B. DIR Registration. AMP may not accept a bid from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions.

1.4. Contract Documents

The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract

Documents”) are available for viewing or download free of charge solely via the Bid Portal, as specified above.

1.5. Prevailing Wage Requirements

A. General. Pursuant to California Labor Code section 1720 et seq., and Alameda Municipal Code section

2-67, this Project is subject to the prevailing wage requirements applicable to the locality in which the

Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

B. Rates. These prevailing rates are on file with AMP and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

C. Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4.

1.6. Subcontractor List

Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its bid, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed

(based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install

Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents. The Subcontractor List form must be uploaded electronically in PDF format via the Bid Portal.

1.7. Instructions to Bidders

All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a bid. The definitions provided in the "Definitions" section of the General Conditions apply to all of the

Contract Documents, as defined therein, including this Notice Inviting Bids.

1.8. Pre-Bid Conference

A pre-bid conference will be held on Wednesday, September 9, 2026 at 9:00 am, at the following location: 2000

Grand Street, Alameda CA 94501, Conference AB to acquaint all prospective bidders with the Contract

Documents and the Project. The bidders’ conference is Mandatory. A bidder who fails to attend a mandatory pre-bid conference may be disqualified from bidding.

http://www.dir.ca.gov/DLSR

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2. INSTRUCTIONS TO BIDDERS

2.1. Bid Documents Included

The documents below are included or required to submit with this Invitation for Bid (IFB) for your review and submittal:

• Sample Agreement including Insurance Requirements

• Local Business Affidavit (optional)*

• Non-Collusion Declaration*

• Sub-Contractor List (optional)*

• IPM certificate(s)*

• Statement of Qualification Questionnaire*

• Signed W-9*

*Must be submitted with bid.

Please note, bidders must specifically note each edit or exception they may have to the attached sample construction agreement. AMP is not obligated to accept any proposed deviations from the standard contract or agreement, and may consider any deviation non-responsive at AMP’s discretion.

2.2. CADIR Registration Requirements

Alameda Municipal Power (AMP) hereby provides notice of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the

Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

Please note: If AMP is unable to verify that the bidder/contractor’s DIR registration is current, AMP must disqualify the bidder, as required by Labor Code section 1725.5.

2.3. Bidder’s Representation and Warranties

The Bidder represents and warrants:

• That it has not retained a person to solicit or secure an AMP contract (upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee) except for retention of bona fide employee or bona fide established commercial selling agencies for the purpose of securing business;

• That any information submitted by the Bidder prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to AMP;

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• That the Bidder has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of the Bidder's Bid, except as may be permitted by this Invitation for Bid;

• That the Bidder has the power and authority to enter into this Contract with AMP, that the individual(s) executing this Contract are duly authorized to do so by appropriate resolution (if applicable), and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind the Bidder;

• That the Bidder has not attempted to exert undue influence with the Utility Procurement Administrator or Project Manager or any other person who has directly participated in the decision to award the

Contract to the Bidder;

• That the Bidder has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of the Bidder by AMP during the term of this Contract;

• That the Bidder and all its subcontractors performing work on this Project are duly licensed as a contractor with the State of California as required by California Business &

Professions Code Section 7028, as amended;

• That the Bidder has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site; and,

• That there are no claims or disputes between the Bidder and AMP which would materially affect the

Bidder's ability to perform under the Contract.

• Bidder’s Designated Contact Person of this solicitation.

2.4. Addenda

AMP reserves the right to issue an electronic Addendum or Addenda to the electronic solicitation prior to the bid closing date and time. During the Bid process there may be changes to the Contract Documents, which would require an issuance of an addendum or addenda AMP disclaims any and all liability for loss, or damage to any Bidder who does not receive any addendum issued by AMP in connection with this IFB. Any Bidder by submitting a Bid waives any and all claims and demands Bidder may have against AMP on account of the failure of delivery of any such Addendum to Bidder. Any and all Addenda issued by AMP shall be deemed included in this IFB, and the provisions and instructions therein contained shall be incorporated into any Bid submitted by Bidder.

2.5. Request(s) for Clarification

Any Bidder may submit to AMP an electronic request for the clarification of any aspect of the Specifications or any other related information, or part thereof, which is a part of the IFB. Such a request shall be submitted electronically through AMP’s electronic procurement system Q&A function. Such requests shall be submitted no later than the time and date specified in the Notice of Invitation for Bid. AMP shall electronically respond with a copy to all bidders of record at least three (3) Business Days prior to the opening of Bids.

2.6. Submission of Bids

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A. Submittal. A Bid shall be submitted in AMP’s electronic procurement system as required. Any Bid which is attempted to be delivered on paper shall be deemed non- responsive and rejected. The Bidder shall have the sole and exclusive responsibility for ensuring that a Bid is submitted by the time stated by the electronic procurement system herein. Any Bid that is incomplete, unclear, or that fails to fully comply with the applicable requirements set forth herein, including, but not limited to, information requested by the City, may be rejected as nonresponsive.

B. Bid Authorization. The electronic login authorization of the person, whether as assigned personal or representative capacity, executes the e-Bid and any other e- document which AMP requires. If the person does business under his or her own name, that person shall login under his or her own login and

PIN as authorized by the electronic procurement system provider. If the person does business under a fictitious business name, that person shall login under his or her own login and PIN as authorized by the electronic procurement system provider. If the person logins for and on behalf of a partnership, the person shall do so with his or her authority to sign/login under his or her own login and PIN as authorized by the electronic procurement system provider.

C. Responsibility of Bidder. A Bid shall be submitted at the sole cost and expense of the Bidder and, in submitting such Bid to AMP, the Bidder waives any claim or demand against AMP which the Bidder may have for any direct or indirect cost or expense of preparing and submitting such Bid.

D. Certification of Nondiscrimination. By submitting a Bid, the Bidder certifies that they do not and in the performance of this contract they will not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person; and further certify that they are in compliance with all Federal, State and local laws, regulations, rules, directives and executive orders regarding nondiscrimination in employment.

E. Bid Price. Bid prices shall state the net delivered price with all transportation charges prepaid and include all State and Federal Taxes, including the amount of any Use or Excise Tax that may be applicable to the transaction, all of which will be paid by the Bidder. If California Use Tax is applicable, Bidder shall state whether they maintain a place of business in the State of California, or are authorized by the State Board of Equalizations of said State under Section 6202 of the Revenue and

Taxation Code, to collect Use Taxes. If the Bidder to whom the Contract is awarded does not maintain a place of business in the State of California, or is not authorized to collect Use Taxes, the amount of such taxes, if applicable, will be deducted from the total bid price and paid directly by AMP to the State of

California.

All solicited Base Bids shall be bid. If the Bidder proposes no change in the Base Bid, then the Bidder shall submit a zero (0) cost Bid on the bid line item.

F. Alternate Bids. No alternate Bid shall be accepted or considered by AMP, unless AMP solicits an alternate Bid.

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G. Add Alternates. All solicited alternate Bids shall be bid, whether additive or deductive. If the Bidder proposes no change in the alternate Bid, then the Bidder shall submit a zero (0) cost Bid on the bid line item.

H. Interest in More Than One Bid. Unless AMP provides otherwise, no person shall be permitted to submit or be interested in more than one Bid for the same public works project. A person may submit a price to more than one Bidder as a subcontractor or materials supplier without violating this prohibition.

I. Withdrawal of Bid. A Bidder may withdraw its Bid by reentering the submitted electronic bid and activating the submittal at any time before the deadline for the receipt of Bids as specified in the Notice for Invitation for Bid. No Bidder may withdraw its Bid for a period of ninety (90) days after the date set for the opening of Bids or until AMP returns the Bid Security, subject to applicable California Law.

J. Subcontractor Requirements. Reference Section 4100, et seq., of the Public Contract Code:

Contractor must identify the name, and business address, and California contractor license number of each Subcontractor performing work (under this IFB) that has a value in excess of one-half of one percent of the Bidder’s total Bid price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. Also, identify the portion of the Work that will be performed by such Subcontractor. After opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one Subcontractor for each item of work to be performed with the words ‘and/or’ will not be permitted. Failure to comply with this requirement may render the Bid as non-responsive and may cause its rejection. List all such Subcontractors in the electronic procurement system as required. Unless Subcontractors will not perform work, provide labor, or render services in or about the work covered by this IFB.

Any Subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code

Sections 1777.1 or 1777.7 is prohibited from performing work on this Project.

K. Contractor’s License Requirements. Subject to verification of good standing, Bidder shall submit a copy of its current contractor’s license as issued by the State of California under Chapter 9 of Division

III of the California Business and Professions Code (Sections 7000 et seq). A copy of the license and any specialty license required as specified in the Summary of Bid shall be attached to a complete copy of the "Statement of Qualification Questionnaire" which should be submitted for Contractor and all subcontractors.

L. Non-Collusion Declaration. In accordance with Public Contract Code Section 7106 Bidder shall submit a Non-Collusion Declaration under penalty of perjury under the laws of the State of California.

See "Sample Non-Collusion Declaration".

3. OPENING OF BIDS

There is no physical attendance to any opening of bids. All Bidders may view bid results from the electronic procurement system after bid closing. AMP reserves the right to change the originally scheduled Bid date and time to a later date and time by issuing an electronic Addendum to that effect. Any and all Bids received by

AMP on or before the deadline shall be accepted by the electronic procurement system on the date scheduled

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4. AWARD OF CONTRACT AND REJECTION OF BIDS

4.1. Determination of Lowest Responsive and Responsible Bidder or Evaluation of Proposals

Subject to the conditions of this IFB, AMP will award the Contract, if an award is made, to the lowest responsive and responsible Bidder. In determining whether the Bidder is responsible, AMP will use the criteria set forth below:

• The bidder must have the ability, capacity, experience, and skill to perform the work, or provide the goods and/or services in accordance with the bid specifications;

• The bidder must have the ability to perform the Contract within the time specified;

• The bidder must have the equipment, facilities, and resources of such capacity and location to enable the bidder to perform the Contract;

• The bidder must have the ability to provide, as required, future maintenance, repair, parts, and service for the use of goods purchased;

• The bidder must have a record of satisfactory or better performance under prior contracts with the city or others; and

• The bidder must have complied with applicable laws, regulations, policies (including city council policies), guidelines, and orders governing prior or existing contracts performed by the bidder.

AMP will afford a bidder determined not to be responsible an opportunity to appeal the determination by Bid

Protest subject to the requirements of state law.

4.2. Oral Interviews

Proposers may be required to participate in an oral interview. The oral interview will be a panel comprised of members of the selection committee.

Proposers may only ask questions that are intended to clarify the questions that they are being asked to respond.

Each Proposer’s time slot for oral interviews will be determined randomly. Proposers who are selected shall make every effort to attend. If representatives of AMP experience difficulty on the part of any Proposer in scheduling a time for the oral interview, it may result in disqualification from further consideration.

4.3. Local Preference Rule

The local preference rule is set forth in section 3-17 of the City Charter and Article V. Chapter II of the

Municipal Code. Evaluation of any contract or hiring of any labor for public contract work, preference shall be given to contractors, mechanics, artisans or other laborers of any class, who shall be a local business as defined herein, provided that the labor, quality and price of the work shall be equal to that of others who would be considered for the award of the contract.

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Local businesses are defined in the Municipal Code as a business firm with fixed offices or local taxable distribution points within the boundaries of the City of Alameda which hold a current business license with an

Alameda business address which is not a Post Office box. Bidder shall clearly indicate if he or she believes they qualify for this preference and submit the "Local Business Affidavit" form via the Vendor

Questionnaire. The final determination of qualification for Alameda Bidder's preference rests with AMP.

4.4. Waiver of Minor Irregularities

AMP may exercise its discretion to waive minor irregularities, defects or informalities in the Bids, so long as the waiver would not affect the amount of the Bid or give the Bidder an advantage over others.

4.5. Decision to Award

A Contract may be awarded to the Bidder who is determined to be the lowest responsible Bidder, provided, however, as a condition precedent to the obligation of AMP to perform under the Contract, the lowest responsible Bidder shall furnish the necessary Bid Security, proof of valid contractor’s license, such additional information as may be required by these documents or requested by AMP's representatives. AMP reserves the right to award more than one Contract with respect to the Project. For purposes of this section, AMP’s decision to award shall be deemed made on the date AMP sends the Notice of Award.

4.6. Decision to Reject

AMP reserves the unfettered right to reject all Bids for any reason or for no reason, to re-advertise a Bid, or to cancel a Bid listing and elect to perform the Project and Work with its own forces. AMP reserves the right to reject as non-responsive any Bid which is incomplete, modified, unsigned, or illegible or which is not otherwise submitted in accordance with the requirements of this Invitation for Bid.

4.7. Execution of Contract

If the lowest responsible Bidder fails to deliver fully executed copies of the Contract(s) and to submit all required documentation, including, without limitation, all bonds and evidence of insurance within ten (10) business days of the date of issuance of the Notice of Award, AMP may award the Contract to the next lowest responsible Bidder, if any, in accordance with all applicable laws. Subject to applicable laws, AMP shall be entitled to retain the Bid Security Bond of the lowest responsible Bidder in the event that the lowest responsible

Bidder fails to timely execute the Contract or submit the required bonds and evidence of insurance as required herein. See "Sample Construction Agreement".

5. BID PROTESTS

5.1. Bid Form or Content

Any bid protest relating to the form or content of the bidding, Bid Forms or Contract must be submitted in writing via email at least five (5) business days before the original date set for the bid opening. Any Bidder who submits a bid without making a protest shall be deemed to have waived any objection to the form or content of the bidding or Contract Documents not previously stated in writing.

5.2. Bid Opening or Proposed Contract Award

Any bid protest relating to a bid received by AMP or any AMP procedure or action related to the bid opening or proposed Contract award must be submitted in writing via email on or before 4:00 p.m. on the fifth (5th) working day following Bid opening.

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5.3. Protest Document Submission

Documents must be submitted in writing via mail to:

Alameda City Attorney’s Office 2263 Santa Clara Avenue, Room 280

Alameda, CA 94501

5.4. Bid Protest Procedure

A. The initial protest document must contain a complete statement of the basis for the protest, and all supporting documentation.

B. The party filing the protest must have actually submitted a Bid for the Work. A subcontractor of a party submitting a Bid for the Work may not submit a Bid protest. A party may not rely on the Bid protest submitted by another Bidder, but must timely pursue its own protest.

C. The protest must refer to the specific portion of the Bid Document which forms the basis for the protest.

D. The protest must include the name, address and telephone number of the person representing the protesting party.

E. The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

F. The City Attorney will give the protested apparent low Bidder five (5) working days after the receipt of the protest to submit a written response. The responding Bidder shall transmit the response to the protesting Bidder concurrent with delivery to the Alameda City Attorney.

G. The City Attorney will give the party filing the protest two (2) working days after receipt of the response from the protested Bidder to submit a written rebuttal.

H. Within three (3) business days of receiving a timely rebuttal or within six (6) business days of receiving a written response, if no rebuttal is timely received, the City Attorney shall issue a determination in writing as to the bid protest which will be sent to all Bidders via email.

I. The procedure and time limits set forth in this paragraph are mandatory and are the Bidder’s sole and exclusive remedy in the event of Bid protest. The Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government

Code Claim or legal proceedings.

J. If the City Attorney determines that a protest is frivolous, the protesting Bidder may be determined to be non-responsible and that Bidder may be determined to be ineligible for future contract awards.

K. A courtesy copy of the bid protest, response and/or rebuttal may be sent to AMP. However, this is not a substitute for a timely submission to the Alameda City Attorney.

5.5. CITY OF ALAMEDA BUSINESS LICENSE

mailto:apenick@AlamedaCityAttorney.org

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The Contractor, and any sub-contractor, will be required to present proof of a City of Alameda business license.

5.6. INSURANCE REQUIREMENTS

The Bidder awarded the Contract must, for the term of the Contract obtain and maintain insurance with the coverage specified in Section 10 "Insurance" in Sample Contract.

5.7. PAYMENT OF RETENTION INTO ESCROW ACCOUNT

The Contractor may substitute investment securities for any moneys withheld as retention by AMP. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with

AMP, or with a state or federally chartered bank in California as the escrow agent, who will then pay those moneys to the Contractor. Alternatively, the Contractor may request and AMP shall pay retention earned directly to the escrow agent at the Contractor's expense. Upon the satisfactory completion of the construction contract, the Contractor shall receive the securities and interest earned on the investments. The escrow agreement shall take the form specified by Public Contract Code Section 22300(e). Licensed persons with whom retention of funds are deposited may act as escrow agents at the sole discretion of AMP.

6. PREVAILING WAGES

6.1. Subject to Prevailing Wages

Contractor is required to pay general prevailing wages, as defined in Subchapter 3, Title 8 of the California

Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the California Labor Code, AMP has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of

Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the

City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor

Code pertaining to prevailing wages.

6.2. Certified Payroll

AMP requires Contractor and its listed subcontractors to comply with the requirements of Labor Code section

1776, including:

Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its listed subcontractors, in connection with the Project.

The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its listed subcontractors, respectively.

At the request of AMP, acting by its project manager, Contractor and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten

(10) days of receipt of AMP’s request. AMP requests Contractor and its listed subcontractors to submit the certified payroll records at the end of each week during the Project.

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If the certified payroll records are not produced to the project manager within the 10-day period, then

Contractor and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and AMP shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor.

Inform the project manager of the location of contractor’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records.

7. GENERAL CONDITIONS

7.1. Patents

The Contractor shall defend any suit or proceeding brought against AMP claiming that any device or part thereof constitutes an infringement of any patent of the United States. They shall also pay all damages and costs awarded therein against AMP.

In case said equipment or part thereof is in such suit held to constitute infringement, and the use of such equipment or part thereof is enjoined, the Contractor shall at his own expense either procure for AMP the right to continue using the equipment or part thereof or replace same with non-infringing equipment or part, all at no expense to AMP.

7.2. Inspection of Work

AMP shall have the right to inspect the work of the Contractor on a regular basis. Any work which is deficient, in the sole opinion of AMP, shall be redone by the Contractor at no additional cost to AMP. The Contractor shall provide a twenty-four (24) hour response time on all such rework on normal business days.

7.3. Additions/Deletions and/or Changes

AMP may elect to revise (increase or decrease) the scope of the project due to new equipment, new materials, new methods of construction or problems found in the field preventing the completion as planned. All such changes must be approved by AMP prior to starting work. In such event, a contract addendum for the adjustment must be received by the Contractor.

Any variation in the scope of work initiated by the Contractor shall be brought to the notice of AMP immediately. No additional work shall be performed unless an AMP Change Order, properly signed by both

AMP and the Contractor, has been issued. AMP will not pay for any work done without a proper AMP Change

Order. Work tags on time-and-material work shall be signed and approved by the AMP inspector.

7.4. Legal Relations and Responsibilities

A. Laws to Be Observed: The Contractor shall keep themself fully informed of all existing and future State and National Laws and all municipal ordinances and regulations of the City of Alameda which in any manner affect those engaged or employed in the work, or the materials used in work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

B. Prevailing Wages: In accordance with the provisions of Section 1770 of the Labor Code, copies of these rates may be obtained from the AMP Utility Procurement Administrator.

Any classification omitted herein shall receive not less than the lowest wage tabulated herein.

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Overtime shall be not less than one and one-half (1 1/2) times the specified rates. The Contractor shall forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for the work mentioned herein by any subcontractor under them.

C. Apprentice: Attention is directed to the provisions in Section 1777.5 and 777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under them on contracts greater than Thirty Thousand Dollars ($30,000.00) or 20 working days.

Section 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval, if they have not previously applied and are covered by the local apprenticeship standards. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five, except:

1. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or

2. When the number of apprentices in training in the area exceeds a ratio of one to five, or

3. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or

4. When the Contractor provides evidence that they employ registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen, or

5. When assignment of an apprentice creates a condition jeopardizing his life or the life, safety, or property of fellow employees or the public, or when the specific task is of such a nature that training cannot be provided by a journeyman.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if they employ registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions or for contractors who are not signatory to an apprenticeship fund and if the funds administrator is unable to accept Contractor's required contribution, the Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.

The Contractor and any subcontractor under them shall comply with the requirements of Sections

1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

D. Permit and Licenses: Contractor shall procure all permits and licenses, including a current City of

Alameda business license, and pay for all charges and fees, comply with, implement and acknowledge effectiveness of all permits, initiate and cooperate in securing all required notifications or approvals

CPS 07-26-05 Page 15 of 45 Landscape Maintenance therefore, and give all notices necessary and incident to due and lawful prosecution of the work. The

Contractor will be reimbursed for the actual cost of construction permit fees. The cost of the City of

Alameda Business License is not reimbursable.

E. Patents: The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processing used on or incorporated in the work, and agrees to indemnify and save harmless

AMP, the City of Alameda, its City Council, boards, commissions, their officers, employees and agents from all suits at law or actions of any nature, damages, royalties and costs on account of the use of any patented materials, equipment, devices or processes.

F. Responsibility for Damages: AMP, the City of Alameda, its City Council, boards, commissions, their officers, employees and agents shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or to any material or equipment used in performing the work, or for injury or damage to any person or persons, either workmen or the public; for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance.

G. Contractor's Responsibility for Work: Except as provided above until formal acceptance of the work by

AMP, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or the public enemy. The Contractor will not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an act of God, in excess of 5% of the contracted amount.

H. Safety Provisions: The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety.

I. No Personal Liability: The City Council, City Manager, Public Utilities Board, General Manager of

AMP, any other officer or authorized assistant, any agent, or any employee of the City shall not be personally responsible for any liability arising under this contract.

J. Responsibility of City: AMP shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

K. Notices to Contractor: Any notice required to be given to the Contractor by AMP, or the Project Manager or any officer of said City, may be given to Contractor at the address shown in his proposal. Such notices may be given by mailing a copy of said notice to the Contractor to such address by United States certified mail. Evidence of such mailing shall be deemed the equivalent of personal service of said notice.

7.5. Plans, Specifications and Inspection

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A. Plans: All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plans or drawings after the same have been approved by the Project Manager, except by direction of the Engineer.

B. Supplemental Specifications: Although AMP has attempted to include all relevant information required for the work, there may be instances when the Contractor wishes to refer to standard drawing or specification information. To make it easy to reference, AMP shall have these standards, such as the

Material and Installation Criteria for Underground Systems, available on its website at http://www.alamedamp.com/working-with-amp. These supplemental specifications shall be followed when installation details are not provided as part of the design package. If there is any conflict in requirements, the project drawings will take precedence.

C. Interpretation of Plans and Specifications and Addenda Thereto: Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in these specifications and plans, the Contractor shall apply to AMP for such further explanation as may be necessary. Upon such application by the Contractor or prospective bidder, or in the event that it appears expedient to AMP to further explain, clarify or amend these specifications, special provisions and plans, AMP shall issue addenda thereto and such addenda shall constitute a part hereof, and shall be binding on the

Contractor. Addenda shall be forwarded to prospective bidders. In the event of doubt or question relative to the true meaning of the specifications and addenda, reference shall be made to AMP, whose decision thereon shall be final.

In the event of any discrepancy between any drawing and the specifications written thereon, the specifications shall be taken as correct.

D. Inspection: AMP shall at all times have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials used and employed in the work. Whenever the Contractor varies the period during which work is carried on each day, they shall give due notice to AMP, so that proper inspection may be provided. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed.

Defective work shall be made good and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by AMP.

E. Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Upon failure on the part of the Contractor to comply forthwith with any order of AMP made under the provisions of this article, AMP shall have the authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the cost thereof from any monies due or to become due the Contractor.

F. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed, AMP will make the final inspection.

http://www.alamedamp.com/working-with-amp http://www.alamedamp.com/working-with-amp

CPS 07-26-05 Page 17 of 45 Landscape Maintenance

7.6. Control of Materials

A. Samples and Tests: When materials are required to be supplied by the Contractor and at the option of the Project Manager, the source of supply of each of the materials shall be approved by AMP before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by AMP.

All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these specifications.

The Contractor shall furnish such samples of materials as are requested by AMP without charge. No material shall be used until it has been approved by AMP. Samples will be secured and tested whenever necessary to determine the quality of material.

B. Defective Materials: All materials not conforming to the requirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected. They shall be removed immediately from the site of the work unless otherwise permitted by AMP.

Upon failure on the part of the Contractor to comply with any order of AMP made under the provisions of this article, AMP shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the contractor.

C. Notice of Completion: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed, AMP will make the final inspection.

When such final inspection shows that the work has been completed in compliance with the plans, specifications and special provisions, AMP will recommend acceptance and upon such acceptance, the

Notice of Completion will be recorded with the County.

D. Final Payment: AMP shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and AMP shall pay the entire sum so found to be due after deducting therefrom all previous payments. Final payment shall not be due until the expiration of thirty (30) days after recordation of Notice of Completion pursuant to Section 3184 of the Civil Code of the State of California.

No certificate given, or payments made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the Contractor; and no payment shall be construed to be an acceptance of any defective work or improper materials.

Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release

AMP, City of Alameda, its City Council, boards, commissions, their officers, employees and agents from any and all claims or liability on account of work performed under the contract or any alteration thereof.

7.7. Prosecution and Progress

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A. Progress of the Work and Time for Completion: The Contractor shall begin work within ten (10) working days after receiving the fully executed contract from AMP and shall be ready for mobilization within twenty (20) working days. Contractor shall advise AMP when all required permits and licenses have been acquired for AMP to issue the Notice to Proceed. After which, the contractor shall diligently prosecute the work to completion.

B. Scheduling: The Special Conditions describe other requirements for activity completion. The

Contractor shall submit a written work schedule to AMP designating the order in which the work shall progress. Construction work shall not be started until such work schedule is approved by AMP.

C. Temporary Suspension of Work. AMP shall have the authority to suspend the work wholly or in part for such period as they may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as they may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any of the provisions of the work. The Contractor shall immediately obey such orders of AMP and shall not resume the work until ordered in writing by AMP.

7.8. Construction Utilities and Clean-up

A. The Contractor shall arrange for, and pay for, all utilities required during the project including water, electrical, communication, portable restroom facilities, etc.

B. The Contractor shall arrange for, and pay for, all garbage, refuse collection and off-site disposal required for the project.

C. The Contractor shall leave the work area each day only after the site is cleaned and proper barricades installed.

D. The Contractor shall coordinate, in advance, with any resident and/or business, if a driveway is to be blocked during construction.

7.9. Measurements and Payment

A. As soon as practicable after all required Work is completed in accordance with Contract Documents, including punchlist, testing, recordation of documents and Contractor maintenance after Final

Acceptance, AMP will pay to…