City of Brea - Landscape Services RFP Page 1 of 62

CITY OF BREA

REQUEST FOR PROPOSALS NO. 26-02

LANDSCAPE MAINTENANCE

SERVICES

RFP DUE DATE: May 14, 2026 BY 2:00PM

RFP ADMINISTRATOR:

Eric Aulls

EricA@cityofbrea.gov

VIEW THIS SOLICITATION AT:

City of Brea – Bids & RFPS: Bids & RFPs | Brea, CA - Official Website

Public Purchase: https://www.publicpurchase.com/gems/browse/home https://www.cityofbrea.gov/409/Bids-RFPs https://www.publicpurchase.com/gems/browse/home

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TABLE OF CONTENTS PAGE

1) INTRODUCTION 4

2) INSTRUCTIONS 4

3) TENTATIVE PROJECT SCHEDULE 6

4) TERMS AND CONDITIONS 7

5) SCOPE OF SERVICES 14

6) REQUIRED FORMS FOR PROPOSAL SUBMITTAL 29

7) SAMPLE AGREEMENT 32

8) EXHIBIT B – PAYMENT SCHEDULE 44

9) EXHIBIT C – INSURANCE REQUIREMENTS 58

10) EXHIBIT D – PAYMENT BOND 61

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RFP INTRODUCTION,

INSTRUCTIONS, AND TERMS

AND CONDITIONS

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OBJECTIVE

The City of Brea (“City) is seeking proposals from qualified proposers interested in providing landscape maintenance services located at Wildcatters Park, Maintenance District #1, Maintenance District #3, Maintenance District #6, Maintenance District #7, Medians, Greenbelts, Entry Markers, Parkways and Parks (mowing). These services will be provided on a scheduled basis as set forth in EXHIBIT A - Scope of Services. The objective of this Request for Proposals (“RFP”) is to identify the most qualified proposer(s) to provide these services over the course of a three-year base term, with option of four (4) one-year per period extensions. However, the City reserves the right to make multiple awards if doing so serves the best interest of the City. Depending on the department needs, final contract terms, including compensation and length of the agreement are subject to negotiation and final City approval.

BACKGROUND

The City of Brea was incorporated in 1917 as an oil and citrus center. The City operates under a council-manager form of government that includes five councilmembers and a City Manager.

Located in North Orange County, the City serves a population of approximately 47,000 residents and covers approximately 12 square miles.

Public Works is responsible for the landscape maintenance services of 11 parks, 5 landscape Maintenance Districts, 43 City locations. The City’s current contract for landscape maintenance services, for the listed locations, will expire June 30, 2026.

DEFINITIONS

- “City”: Refers to the City of Brea.

- “Request for Proposal” or “RFP”: Refers to this solicitation process wherein the City is seeking proposals for janitorial services.

- “Proposal”: The formal response to this solicitation submitted to the City by a proposer.

- “Proposer”: Refers to the individual or business entity that is submitting a proposal to this

RFP.

- “Project”: The provision of landscape maintenance services as a result of this RFP.

- “Contractor”: Refers to the individual or business entity, if any, that is awarded a contract by the City as a result of this RFP process.

RFP REGISTRATION

This RFP will be managed through the City Public Purchase Portal and City website. All proposers are required to register using the link below:

Public Purchase: Bid Notification, Government bids, Reverse Auctions and Procurement Tools for Government Agencies

After registering, proposers can search for City projects and register for this specific project. Any and all updated, addenda, questions and answers, and changes to this RFP will be distributed through the Public Purchase Portal. Proposals will not be accepted from non-registered proposers.

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QUESTIONS, ANSWERS AND ADDENDA TO RFP

Questions and Requests for Clarification Due Date: MAY 7, 2026 at 8:00AM.

Via Public Purchase Portal ONLY. Questions emailed will not be accepted.

All questions and requests for clarification concerning this RFP must be made by the proposer via the Public Purchase Portal and reference “RFP LANDSCAPE MAINTENANCE SERVICES”.

Any modification to this RFP will be made by written addendum posted on the City’s website accessible through the Public Purchase Portal. Any written addenda issued shall be incorporated into the terms and conditions of any resulting agreement. The City will not be bound by verbal representations concerning or affecting the requirements of this RFP. Proposers shall acknowledge receipt of all addenda in their proposal.

SUBMITTAL INFORMATION

Proposal Due Date and Time: MAY 14, 2026 at 2:00PM

In-Person Only: 545 N. Berry St., Brea, CA 92821

It is the sole responsibility of the bidder to ensure that their proposal is submitted in-person only.

Submission must include three (3) printed copies of all required documentation and a flash drive, including all required documentation, on the stated deadline. Proposals must be actually received by the City by the due date and time. Proposers experiencing Public Purchase technical problems or requiring Portal assistance, should contact the help center at: Public Purchase Help The submittal status of a proposal can be checked using the Public Purchase Portal. The City is not responsible for technical problems arising due to connectivity or network issues. Prior to the RFP deadline, proposals may be modified or withdrawn by an authorized representative of the proposer by written notice to the Public Works Department.

PROPOSAL EVALUATION CRITERIA

The successful proposer will be the proposer whose proposal is deemed to provide the best value to the City. The City will evaluate proposals based on the following criteria:

1. Qualifications of the Firm: Technical experience in performing work of a similar nature, experience working with public agencies, strength and stability of the firm, and assessment by client references.

2. Proposed Team and Organization: Qualifications of proposed key personnel, logic of organization, and adequacy or labor commitment and resources to satisfactory perform the requested services and meet the City’s needs.

3. Detailed Work Plan: Thorough understanding of the City’s requirements and objectives, logic, clarity, specificity, responsiveness, and overall quality of work plan.

4. Fee Schedule: Reasonableness of fees.

https://www.publicpurchase.com/gems/help/mainhelp.html?frame1=public/info.html&frame2=public/info_register.html

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PROPOSAL EVALUATION CRITERIA

EVALUATION CRITERIA

MAXIMUM PERCENTAGE SCORE

Qualifications and Experience of the Firm

30%

Proposed Team and Organization

25%

Detailed Work Plan and Responsiveness to

RFP

25%

Fee Schedule

20%

Missing or incomplete submittal documentation may result in a proposal disqualification, being deemed non-responsive or penalized in the evaluation proposal. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s opinion, fails to meet the detail or intent of the requirements.

The City reserves the right to reject any and all proposals.

SELECTION PROCESS

An Evaluation Committee comprised of City staff, and that may include outside personnel, will review all responsive proposals. The Evaluation Committee will make a recommendation to the City’s Director of Public Works who will present a recommendation to the City Council for contract award, if any.

AWARD

The City may negotiate contract terms with any proposer prior to award, and expressly reserves the right to concurrently negotiate with two or more of the highest scoring proposers. However, any selection and award may be made without discussion with any proposer. Therefore, each proposal should contain the proposer’s most favorable terms and conditions.

Proposers who submit a proposal in response to this RFP shall be notified as to which proposer staff will recommend to the Council, prior to the award.

PROJECT SCHEDULE

The following is a tentative schedule for the RFP process. Although the City will attempt to apply the necessary resources to maintain this schedule, the following are tentative dates, and the City reserves the right to modify this schedule as needed to accommodate the completion of this RFP process.

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TENATIVE PROJECT SCHEDULE

RFP Published:

APRIL 30, 2026

Questions from Proposer Due:

MAY 7, 2026 AT 8:00AM

Questions and Answers Posted:

May 11, 2026

Proposals Due:

MAY 14, 2026 AT 2:00PM

Anticipated Contract Award:

JUNE 2026 – SUBJECT TO CITY

COUNCIL APPROVAL

PROPOSAL FORMAT

Please refer to the Submittal Checklist and Proposal Format (located in this RFP) section for a comprehensive guide regarding the format of the proposal submittal.

TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS AND CONDITIONS

Submission of proposal indicates acceptance by the proposer of the terms, conditions and specifications contained in this RFP and in the Draft Agreement.

2. PRECEDENCE OF TERMS AND CONDITIONS

All terms and conditions of this RFP are incorporated by reference into the Draft Agreement. In the event of a conflict between the provisions of the RFP and the Draft Agreement, provisions of the Draft Agreement will govern.

3. PUBLIC RECORD

Each proposal and related submittals shall become the property of the City and public records subject to disclosure pursuant to the California Public Records Act once a written recommendation for award, if any, has been made to the City Council, this RFP process is terminated, or all proposals are rejected. DO NOT SUBMIT CONFIDENTIAL INFORMATION. Notices of confidentiality, trade secrets, or similar notifications will be disregarded.

4. LATE PROPOSALS

Proposals received after the proposal submittal deadline will be returned unopened. Each proposer is responsible to ensure timely delivery of their proposal. The City assumes no responsibility for non-receipt of untimely delivery of any proposal.

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5. VERBAL REPRESENTATIONS NOT BINDING

No verbal or written information which is obtained other than through this RFP or its addenda shall be binding on the City. Except as expressly provided herein for questions and requests for clarification, no City employee is authorized to interpret any portion of this RFP or give information as to the requirements of this RFP.

6. PROPOSAL VALIDITY

All proposals shall be held valid for a period of 90 days.

7. RIGHT OF REJECTION

The City reserves the right to: (1) Reject any and all proposals or any item or part thereof, and/or to waive any informalities or irregularities in any proposal or this RFP process;

and/or, (2) Terminate this RFP process at any time without prior notice.

8. RIGHT OF REJECTION OF LOWEST FEE PROPOSAL

The City has no obligation to make an award based solely on the lowest cost proposal.

Evaluation criteria in this RFP shall be used in the proposal evaluation process.

9. OBLIGATION TO AWARD

The City reserves the right to not award any contract as a result of this RFP, for any or no reason. The City reserves the right to award multiple contracts for this project if deemed TO BE IN THE City’s best interests.

10. PROPOSERS BEAR ALL COSTS

City shall not, in any event, be liable for any expenses incurred by any proposer in preparing a proposal and no such expenses shall be included in any proposal.

11. INDEMNIFICATION

By submitting a proposal, each proposer, at its own expense, without exception, and to the fullest extent permitted by law, agrees to and shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold the City, its elected officials, officers, employees, and agents (“City Parties”) harmless with respect to any and all claims, losses, and liabilities of any nature or kind, arising out of or in connection with proposer’s performance of the services required by this RFP.

The selected proposer(s) shall further defend and indemnify the City Parties with respect all claims and liabilities arising out of, related to, or in connection with any and all protests asserted against the selected proposer(s) as a result of the City’s selection of such proposer(s).

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12. INSURANCE REQUIREMENTS

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience insurer, coverage, or other special circumstances. If the existing policies do not meet the insurance requirements set forth herein, the Contractor agrees to amend, supplement, or endorse the policies to do so unless otherwise approved by the City’s risk manager.

Without limiting the indemnity provisions of this Agreement, the Contractor shall procure and maintain in full force and effect during the term of this Agreement, the following policies of insurance.

Minimum Scope and Limit of Insurance

12.1 Commercial General Liability (CGL) which affords coverage at least as broad as

Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Products-Completed Operations: Contractor shall procure and submit to City evidence of insurance for a period of three (3) years from the time that all work under this Agreement is completed.

(HIGHER LIMITS MAY BE REQUIRED BASED ON EXPOSURE TO LOSS.)

(SOME AGREEMENTS MAY NOT REQUIRE PRODUCTS-COMPLETED

OPERATIONS)

12.2 Automobile Liability Insurance with coverage at least as broad as Insurance

Services Office Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, coverage for hired autos (Code 8) and non-owned autos (Code 9) with limit no less than $2,000,000 each accident for bodily injury and property damage.

(HIGHER LIMITS MAY BE REQUIRED BASED ON EXPOSURE TO LOSS.)

12.3 Worker’s Compensation as required by the State of California with statutory limits, and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury of disease.

12.4 Endorsements Insurance policies shall not be compliant if they include any limiting provisions or endorsement contrary to this Agreement, including but not limited to restricting coverage to the sole liability of Contractor, excluding liability or excluding third party over actions. The following endorsements shall be provided to the City.

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12.5 Additional Insureds: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives are to be covered as additional insureds in the commercial general and auto liability policies including liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor including, materials, parts or equipment furnished in connection with such work or operations.

Commercial General Liability additional insured endorsements shall be at least as broad as ISO Form(s) CG 20 10 11 85; or both CG 20 26, and CG 20 37.

12.6 Primary and Non-Contributory: This insurance is primary to and will not seek contribution from any other insurance whether primary, excess, umbrella, or contingent insurance, including deductible, or self-insurance available to the City, its elected officials, employees, volunteers, boards, agents, and representatives as additional insureds.

The Commercial General Liability primary endorsements shall be at least as broad as ISO

CG 20 01 04 13.

Worker’s Compensation

12.7 Waiver of Subrogation: Any right of subrogation against the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be waived.

12.8 Insurance Obligations of Contractor: The City requires and shall be entitled to the

Contractor’s broader coverage and/or higher limits than the minimums shown above.

Any available insurance proceeds excess of the specified minimum limits of insurance coverage shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

12.9 Notice of Cancellation. Required of insurance policies shall not be cancelled or coverage reduced until thirty (30) days written notice of cancellation has been served upon the City, except then (10) days shall be allowed for non-payment of premium.

12.10 Waiver of Subrogation. Required insurance policies shall not prohibit Contractor from waiving the right of subrogation prior to loss. The Contractor shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such provision. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

12.11 Evidence of Insurance. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to format and content. These requirements are subject to amendment or waiver only if approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies

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12.12 Deductibles. Deductibles must be declared to and approved by the City. The City may require Contractor to purchase coverage with lower retention or provide proof of availability to pay losses and related investigations, claim administration, and defense expenses within the deductible amount. The policy language shall provide, or be endorsed to provide, that the deductible may be satisfied by either the name insured or the City.

12.13 Contractual Liability. The coverage provided shall apply to all obligations assumed by Contractor under the provisions of this Agreement, including indemnification.

12.14 Failure to Maintain Coverage. The Contractor agrees to suspend and cease all operations hereunder during such time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due until the Contractor has fully complied with the insurance provisions of this Agreement. If the Contactor’s operations are suspended for failure to maintain required insurance coverage, Contactor shall not be entitled to any extension of time due to such suspension.

12.15 Acceptability of Insurers. Each such policy shall be provided by a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any State or federal law. Any other rating must be approved in writing by the City.

12.16 Claims Made Policies. Claims made policies are not acceptable.

12.17 Excess Umbrella Liability Policies. If any excess or umbrella liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all the insurance requirements stated in this Agreement, including, but not limited to the additional insured, primary and non-contributory and waiver of subrogation requirements stated herein. No insurance policies or self-insurance maintained by the City, whether primary, reinsurance or excess and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess/umbrella liability policies are exhausted.

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12.18 Insurance for Subcontractors. Contractor shall be responsible for causing subcontractors to purchase the same types of limits of insurance in compliance with the terms of this Agreement, including adding the City, etc. as additional insureds, providing primary and non-contributory coverage and waiver of subrogation to the subcontractor’s policies.

13. COMPLIANCE WITH ALL APPLICABLE LAWS

By submitting a proposal, each proposer agrees that if awarded a contract as a result of this RFP, they will at all times comply with any and all applicable local, State and federal laws, statutes and regulations including, but not limited to, the California Displaced Janitors Opportunity Act (Labor Code Section 1060, et seq., requiring successor janitorial service companies to hire and retain the prior service’s employees for at least sixty (60) days, subject to limited exceptions); the California Property Service Workers Protection Act (Labor Code Section 1420, et seq.); the California Labor Contractor Joint Liability law (as applicable, Labor Code Section 2810.3, et seq.); and Labor Code Sections 1720 through 1861 for services constituting “public works”, as defined (addressed further herein.)

Proposer declares that it shall comply with all local, state and federal laws relating to permits, and business licensing.

14. INCLUSIVE PROPOSAL PRICING

Proposal pricing shall include any and all applicable licenses, insurance coverage, endorsements, and if necessary, any wage compliance deemed necessary to perform the services required by this RFP. The City will not be responsible for reimbursing contractors for any charges not included in the proposal pricing that are incurred in satisfying these requirements.

15. SUBCONTRACTOR/JOINT VENTURES

Where two or more proposers desire to submit a single proposal in response to this RFP, they must do so on a prime-subcontractor basis rather than as a joint venture. City intends to contract with a single firm and not with multiple firms doing business as a joint venture.

16. PREVAILING WAGE

Certain labor categories under this project may be subject to prevailing wages as identified in t California Labor Code Sections 1720 through 1861. For services constituting “public works” as defined in Labor Code Section 1720, Contractor and its sub-contractors shall comply with all requirements of Labor Code Sections 1720 through 1861, including payment of prevailing wages. It is required that all persons providing services that are “public works” be paid not less than the basic hourly rates of pay and fringe benefits as shown in the current minimum applicable wage schedules. Contractors and their sub-contractors must use the current wage schedules applicable at the time the work is in progress.

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SCOPE OF SERVICES

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OBJECTIVE:

To provide landscape services located at Wildcatters Park, Maintenance District #1, Maintenance District #3, Maintenance District #6, Maintenance District #7, Medians, Greenbelts, Entry Markers, Parkways and Parks (mowing).

CONTRACT TERM:

Three-year base term, with option of four (4) one-year per period extensions.

SCOPE OF SERVICES:

1. Contractor shall furnish all labor, materials and equipment necessary to provide the Services located at Wildcatters Park, Maintenance District #1 (MD #1), Maintenance District #3 (MD #3), Maintenance District #6 (MD #6), Maintenance District #7 (MD #7), Medians, Greenbelts, Entry Markers, Parkways, and Parks (mowing).

2. The Park mowing, edging, blowing, and debris pickup will be completed based on frequencies in the GENERAL SPECIFICATIONS and SPECIFIC BID SPECIFICATIONS for the respective areas. The landscape maintenance will consist of mowing, edging, weeding, fertilizing, pest control and only specific bids have irrigation system maintenance and repair. Irrigation water consumption will be closely monitored.

Money will be deducted from invoices for excessive water usage. A large majority of the work will be maintaining the condition of shrubs and ground cover on slopes, medians, and at City facilities. A small amount of tree pruning will be required to clear property lines, separate plant material, maintain safe passage on sidewalks, etc. The Contractor will be responsible to maintain plant material clearance around fences, building, valve boxes, and other obstacles.

3. The work to be done consists of furnishing all materials, implements, machinery, equipment, tools, supplies, transportation, incidentals and labor necessary to the prosecution and completion of the work as required by all specifications, and as directed by the Director of Public Works or a designee.

4. License and Permits A. The contractor The Contractor shall have and maintain a valid C-27 Contractor's license. All applications of pesticides shall be done in compliance with governmental requirements. Applications of such materials shall be done by personnel licensed by the State of California, Department of Pesticide Regulation.

Contractor will obtain any permits required by local governmental agency for the use of special chemicals.

B. Any subcontractor will also be required to secure and maintain a valid City of Brea Business License. The Contractor also will be required to obtain an Encroachment permit for work on Valencia and Imperial Highway from Caltrans paid for on a separate invoice by the City of Brea.

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C. Dress Code and Appearance

i. The Contractor shall be required to provide uniforms for personnel assigned to the project. Sufficient changes shall be provided to present a neat and clean appearance of the personnel at all times. Contractor personnel shall wear uniforms with Company name and Employee name at all times.

Contractor to provide Personal Protective Equipment (PPE) as required.

D. Extra Work

i. In the event the Contractor is required by the City and agrees to perform extra work, the following procedure shall govern such work:

1. Contractor must use separate crews to provide all extra work; may not use regular maintenance crews. Regular maintenance work shall be completed in conjunction with extra work and cannot be postponed to complete extra work. Failure to comply with this requirement shall result in a deficiency deduction.

ii. When required by City Representative or Landscape Inspector, an estimate of cost will be submitted for approval prior to work being done.

1. Work will be executed under the direction of the City on a time-and-materials basis or an agreed lump sum price depending on the nature of the work.

2. Extra work will not be initiated without written authorization, except in emergency call-out situations.

3. Extra work may include, but not be limited to, the following:

a. Replacement of plant materials due to failures beyond the

Contractor's control.

b. Additional treatment required for planting or soil as not set forth specifically in this Specification.

c. Repairs or replacement of irrigation system.

d. Remedial landscaping.

e. Repairs or replacements due to vandalism or Acts of God.

4. Labor costs shall be based on the prevailing wage scale for each type of workman. Employee payments for payroll taxes and insurance, health and welfare, pension, vacation, and other direct labor costs to be included.

5. Material cost shall be the actual cost of materials purchased by the Contractor and used for the extra work, including sales taxes, freight, and delivery charges.

6. Submittals for Extra-Work Authorization shall include the following and be provided to the City within three (3) business days:

a. Complete price for all labor and materials, itemized.

b. Proposed schedule and completion date.

E. Project Inspections

i. Weekly the Contractor's direct field crew supervisor and next higher representative if deemed will walk the project with the City representative

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F. Vehicles

i. Contractor vehicles must be parked to allow normal and vehicular traffic;

comply with OSHA, CAL-OSHA, and W.A.T.C.H. regulations. Vehicles shall display the company name and equipment shall be in good repair and not be older than 1O years.

G. Safety

i. Contractor shall be responsible for providing a safe work place, and compliance standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable governmental law or City risk management standards. Traffic control will be per the "WATCH" book. The contractor will ensure the safety of all park users when working.

H. Reports and Schedules

i. The Contractor, as part of this agreement, will submit reports and schedules as requested. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or termination of contract. Such reports must be detailed and thorough and may include but not be limited to the following:

1. Suggestions for improving problem areas, as needed, or as requested by City.

2. Reports of work planned. Due weekly at meeting with City.

3. Cost information to perform extra work for upgrading specific areas, as needed or as requested by City, pricing due in three (3) business days.

4. Weekly Maintenance Schedule(s). Contractor shall provide a weekly maintenance schedule to the City.

5. Seasonal Irrigation Schedule. Due at last weekly meeting of the month.

6. Pesticide Use Reports. Due at last weekly meeting of the month,

7. Accident Reports. Due within twenty-four (24) hours of accident.

8. Incident Reports. Due within twenty-four (24) hours of incident

9. Hazard Reports. Due within twenty-four (24) hours of identification/discovery.

10. Irrigation test reports. Due at last meeting of the month depending on type of site.

11. Fertilize use reports. Due monthly at last weekly meeting of the month.

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I. Protection of Property During Inclement Weather

i. The Contractor shall adjust work schedule to compensate for all holidays and inclement weather. During periods of storms, the Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather (this includes having a representative in the City during rain events to inspect and clean areas that may have drainage issues or problem with vee-ditches). The Contractor shall submit a report identifying any storm damage to the City's representative attached to a site map identifying location of damage and cost estimate to repair/replace. If remedial work is required beyond the scope of this contract, it shall be paid for as extra work.

ii. Contractor's responsibility for removing branches and leaves downed by high winds or other typical or non-typical environment condition is as follows:

1. Contractor must remove, at no additional cost, all debris on contracted property regardless of disposition of affected tree, shrub, or any other landscape related item, within 48 hours of notification or self-discovery.

2. Leaves or other landscape which accumulates in street gutters adjacent to Contractor's area of work, shall be removed by Contractor at no additional charge to City.

3. Debris inhibiting proper flow of water in V-ditches and other structures shall be removed weekly to prevent flooding or damage to property.

4. Damage caused by or increased cost incurred by the City as a result of Contractor not maintaining site in satisfactory condition prior to inclement weather, will be charged to the Contractor.

J. Protection of Existing Facilities and Structures

i. The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above surface and underground on the City's property. Any damage to City property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City.

ii. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any hazardous conditions and underground systems, i.e., utility lines. Contractor shall instill reasonable precaution when working in these areas. Any damage or problems shall be corrected or repaired at Contractor's expense and reported immediately to the City.

K. City Liaison

i. The City and Contractors will meet on a weekly basis with each City's representative. The purpose of this meeting will be to discuss specific project problems. More frequent contact may be required between the City

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Landscape Inspector and the Contractor's representative separately from these meetings. The Contractor's representative or direct crew supervisor is expected to be available by phone to address any daily needs.

L. Special requests

i. The Contractor may be requested by the City to perform special tasks which are above his normal scheduled work. It is intended that Special Requests be considered an extra work item unless the City determines that the Special Request is a direct result of neglect on the part of the Contractor.

M. Supervision and Special Skills

i. The Contractor shall assign a supervisor working regular working hours for the duration of this Contract. The Contractor shall have a minimum of five

(5) years' experience in landscape maintenance supervision. The Contractor shall have expertise and experience in turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance. The crew supervisor shall be capable of communicating effectively both in written and spoken English.

ii. Each Contractor's working crews shall also have a responsible lead man who may represent Contractor to discuss the work in English with the Director of Public Works, or their designated representative, within twenty-four (24) hours of notification from the Director of Public Works, or his designated representative.

N. Pesticides

i. General: All materials shall be in strict accordance and applied within the

EPA regulations and the California Department of Pesticide Regulation.

Current pesticide uses recommendations made by a licensed Pest Control Advisor must be provided to the City prior to the application of any pesticide on City maintained areas.

ii. The application of pesticides and other chemicals shall be recorded on the Pesticide Use Form and coordinated with City Landscape Inspector.

O. Contractor Neglect

i. Any damage to the City’s property which has been determined to be due to the Contractor's neglect shall be corrected at no additional cost to the City.

Loss of plant material due to improper care is also included.

P. Scheduling of Operations

i. The Contractor shall perform his work at such times as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation. Examples of this would be early morning mowing or irrigation checks, etc. The Contractor shall submit a Maintenance Schedule describing maintenance operations and when work and applications of chemicals/fertilizers will be accomplished. Schedule shall be submitted weekly. Annual schedule of work force and maintenance tasks shall be submitted to City July 1, of every year of the contract, prior to starting any maintenance operations. All forms and schedules shall be of a format

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Q. Sound Control Requirements

i. The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract.

R. Additions/Deletions to City Landscape Areas

i. Changes in the areas to be maintained may be made as the City accepts new areas and/or relinquishes currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Costs to add or delete landscape maintenance areas shall be made on a per square foot cost for planter maintenance or turf mowed per bid pricing or similarly sized landscape area. The City reserves the right to delete any site from the contract with thirty (30) days written notice.

S. Additions/Deletions to General Maintenance Specifications

i. The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General Landscape Maintenance Specifications.

ii. Any changes in the Specifications that causes the Contractor to suffer additional expenses shall be negotiated upon written justification.

T. Liquidated Damages: Nonperformance

i. Contractor may be assessed penalties by City up to one hundred percent (100%) of the monthly value of a site for nonperformance and up to sixty percent (60%) of the monthly value of a site for substandard performance.

Such penalties shall be assessed at the discretion of the City. Contractor shall be notified of any penalties in accordance with the terms of this Contract.

ii. Contractor shall be notified of service failure by delivery of a "Performance Deficiency Notification" form to Contractor by City. Said notice will serve as formal notification that Contractor has incurred a service deficiency sufficiently material that contract termination may result if satisfactory corrective action is not taken by Contractor.

iii. The Performance Deficiency Notification will contain the acceptable time period for service correction. Upon Deficiency Notification, the correction will either be accepted or rejected. If accepted, part or all of the penalties may be waived, regardless of whether City has incurred loss as a result of said service failure.

iv. Contractor will be notified of correction acceptance status by delivery of a Performance Deficiency Status Memorandum. Should correction not be accepted, a separate additional Performance Deficiency Notification will be delivered to Contractor, thus increasing the number of Deficiency Notices received by Contractor.

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U. Quarterly Services – General Building and Office Areas (All Areas)

i. Clean all refrigerators

ii. Deep clean all lockers

5. Maintenance District Mowing and Landscape Services A. Landscape Maintenance Areas

i. Landscape maintenance Contractor's irrigation staff will be responsible for repair of all site irrigation from water meter and controller, through lateral lines and sprinkler heads (backflow devices and City mainlines are excluded). Landscape Contractor is fully responsible for irrigation controller programming. City water management directions must be implemented.

ii. All Contractor-caused irrigation damage will be the responsibility of Contractor to repair within 24-hours of occurrence. Failure to do so will result in City repair and recouping of costs or liquidated damages. In addition, a Performance Deficiency Notice may be issued.

B. Irrigation/Operation and Maintenance

i. All landscaped areas shall be irrigated as required to maintain optimum growth and appearance. Irrigation person shall be a separate position and not included in the duties of regularly scheduled staff at the sites.

C. Irrigation Responsibilities

i. The Contractor shall conduct monthly irrigation tests. The City may notify

Contractor verbally or in writing if discovered damage or defects are found during City inspections of irrigation systems. Contractor shall make needed repairs within 24-hours of notification or self-discovery. Contractor shall submit irrigation test reports, on approved form, at weekly/monthly meeting based on type of site. Failure to submit the required reports will result in issuance of a Performance Deficiency Notice.

ii. All irrigation systems shall be tested and inspected by the Contractor in accordance with the following:

1. Operate all valves automatically.

2. Visually inspect all irrigation heads for proper adjustment, operation, and leakage.

3. Review program and verify controller is operating correctly.

4. Record water meter reading at time of test.

iii. All systems shall be adjusted in order to:

1. Provide adequate coverage of all landscape areas.

2. Prevent excessive runoff and/or erosion.

3. Prevent watering roadways, walkways, trails, fences and private property.

4. Prevent saturated conditions.

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iv. All system malfunctions, damage, and obstructions shall be recorded and corrective action taken per specifications. A report of required systems testing shall be submitted to the City.

v. In addition to required testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported, daily if necessary.

1. Repair malfunctioning controllers, quick couplers, manual or automatic valves and sprinkler heads within twenty-four (24) hours of notification or self-discovery. Provide backup or temporary controller should repair of City controller be required.

2. The Contractor shall turn off irrigation system during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices.

3. Once the City Landscape Inspector acknowledges the necessity to turn on the water again, all controllers shall be activated within twenty-four (24) hours.

4. Failure to turn off controller during rain, or activate following instruction by City to do so will result in the issuance of a Performance Deficiency Notification.

D. Materials

i. All replacement materials are to be with original types and model materials, unless City representative approves a substitute.

ii. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems.

iii. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty.

iv. Repairs of equipment or property damaged by Contractor or as a result of an error or omission by Contractor shall not be submitted to City for payment and are the responsibility of the Contractor.

v. All materials are to be new and identical to existing materials, unless directed otherwise by the City representative. All new irrigation heads installed shall be fitted with appropriate nozzle to match precipitation rate of head being replaced.

vi. Changes to sprinkler systems are to be designed to achieve matched precipitation rates.

E. Water Management

i. All systems shall be programmed weekly or as needed to maintain plants in a healthy, vigorous condition.

ii. All program changes shall be recorded and submitted on City approved form.

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iii. Water meter reading for each system is to be submitted with irrigation test report.

iv. Controller program is to be sufficient to keep the landscape healthy without excessive water use.

v. Controller programs shall incorporate the following conditions:

1. Meet City Water Management requirements.

2. Avoid weekend watering when possible.

3. Maximize repeat operations.

4. Minimize station run times.

5. Reflect actual requirements of soil and plants.

6. Eliminate runoff into streets, sidewalks, and other non-target areas.

7. Provide sufficient time for soil to dry out between irrigations.

8. Maximize community use of City property.

F. Weed and Pest Control

i. General – Control of horticulturally damaging plant pests (insects, diseases, vertebrates and mites) shall be the responsibility of the Contractor. Written recommendations by a licensed California Agricultural Pest Control Adviser are required to be submitted to the City prior to any application of pesticides. Control shall mean the prevention or eradication of any pest to the satisfaction of the City. The City may determine an acceptable level of impact by any pest and adjust the pest control program of the Contractor accordingly. Proper cultural practices shall be a part of the Contractors pest control program. Failure to prevent, treat, or manage any pest infestation that results in loss of plant material or creates a risk to public health and safety may be remedied by the City at Contractor's expense in the form of a reduction in payment.

ii. Landscaped areas (shrub and ground cover)

1. Weed Control

a. All landscaped areas shall be treated with an appropriate pre-emergent herbicide at the maximum allowable rate according to the label and State Regulations.

b. All areas within boundaries of site, which are not landscaped, shall be treated monthly to eliminate weeds.

2. Snail Control

a. Snails shall be controlled on an as-needed basis on all plant material, as determined by the City.

3. Insect and Disease Control

iii. Turf

1. Weed Control

a. When weed population is excessive as determined by City, an appropriate herbicide shall be applied in accordance with all label specifications.

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b. In all areas prone to weed intrusion, applications of appropriately labeled pre-emergent herbicide shall be required.

2. Insect and Disease Control

a. All turf areas with fungus infection shall be treated with an appropriate fungicide as directed by City.

b. All other insect, disease and fungus problems will be treated on a site-and-need-specific basis with the knowledge and consent of the City.

c. Damaged turf caused by disease shall be repaired or replaced at no extra cost to the City.

G. Rodent Control

i. Contractor shall be responsible for the eradication and control of all rodents, as necessary, on a continual basis. All mounds, burrows, or other damage shall be repaired by Contractor as required by City. Failure to successfully manage pests will result in city performing work and deducting cost from monthly payments.

H. Weed Control of Paved Surfaces

i. Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing cracks, or expansion joints, and areas contiguous to the City landscape.

I. Landscape Improvement Maintenance

i. Landscape improvement maintenance shall include shrubs, ground cover, irrigation, and drainage structures. Slope maintenance includes the pruning of shrubs and routine pruning to maintain a neat appearance. Remove weeds that are not controlled by herbicides before size or abundance become a cause of complaint. Generally, weeds that exceed 3-5 inches in height, or predominate a bare area, are unacceptable. Keep all areas in a neat, clean and well-maintained condition at all times.

ii. Maintain all drainage structures to avoid obstruction at all times. Keep sidewalks free of obstructions, water, mud, algae, slime, leaves or other potentially hazardous debris at all times. Keep adjacent plant material from encroaching public right-of-way.

J. Guarantee and/or Replacement Policy

i. All new plant material and irrigation installations or repairs shall be guaranteed for a period of one (1) calendar year except due to "Act of God," i.e., damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the maintenance Contractor has no control. Existing plants shall be replaced by Contractor if they die due to Contractor's negligence. All replacement plants shall be inspected and approved by City prior to installation. All landscape or irrigation installations or repairs shall confirm to Landscape and Irrigation Specifications accepted by Director of Public Works or his designee.

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K. Landscape Maintenance (All landscaped areas)

i. Turf

1. Mowing - The contractor shall mow all turf grass with properly sharpened and maintained equipment in a manner that ensures a smooth surface without ridges, depressions or scalping. Mowing patterns shall be alternated on a weekly basis.

2. Frequency - Turf grass shall be mowed 42 times per year as City schedules.

3. Height - Mowing heights will be determined by the Park Supervisor.

Turf grass mowing heights may be adjusted by the City during turf grass renovations, special events, or if deemed necessary to promote the health and vigor of the grass.

4. Machine Type - Warm/cool season turf blends may be mowed with rotary or reel type mowers. All warm season turf grasses shall be cut with reel type mowers, unless otherwise approved by City. All cool season turf grasses shall be cut with rotary type mowers. The City encourages the use of mulching mowers whenever possible. Flail mowers may be used only by specific approval of the City.

5. Clippings - All clippings shall be efficiently mulched to leave no visible trace or picked up and removed to a designated dumping site.

At no time shall unsightly clippings be left following mowing operation.

6. Edging - All edges of turf shall be mechanically edged. Turf grass edging and trimming shall be performed weekly at the time of mowing. All clippings shall be removed before vacating the site. All edging shall be done with a power edger containing a steel blade.