Parks_and_Landscaping_Maintenance_Services_(Addendum_#3_Revision).pdf

REQUEST FOR PROPOSAL

PARKS AND LANDSCAPING MAINTENANCE SERVICES

25-1069

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: December 23, 2025 DEADLINE FOR QUESTIONS: January 14, 2026

RESPONSE DEADLINE: February 11, 2026, 12:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/milpitas-ca https://www.milpitas.gov/264/Bid-Opportunities

The City of Milpitas

Parks and Landscaping Maintenance Services

I. Notice of Request For Proposals II. Introduction

III. Scope of Services IV. Vendor Questionnaire V. Submission Instructions

VI. Evaluation and Award Process VII. Evaluation Criteria

VIII. Terms & Conditions

Attachments:

A - Attachment A - RFP Submittal Forms to Complete B - Attachment B - Exemplar Agreement C - First Revised Attachment C- Scope of Services D - Attachment D - Maintenance Standards E - Attachment E - Frequency of Services F - First Revised Attachment F - Cost Form G - Attachment G - Park Maps H - Attachment H - Facility Maps I - First Revised Attachment I - Street Landscape Maps J - Attachment J - Synthetic Turf guidelines K - Attachment K - Integrated Pest Management Policy L - Attachment L - LLMD Area Map

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I. Notice of Request For Proposals

Notice is hereby given that proposals will be received on the City of Milpitas eProcurement website OpenGov, until Wednesday, February 11, 2026 for: Parks and Landscaping Maintenance Services.

The scope of work, content of the proposal, and the selection process are described in the Request for Proposals (“RFP”). Interested parties may obtain copies of the RFP through the Milpitas purchasing website at https://www.milpitas.gov/264/Bid-Opportunities or directly through OpenGov at https://procurement.opengov.com/portal/milpitas-ca.

SUBMITTING THE PROPOSAL: The City requires that proposals be submitted electronically through its eProcurement website on OpenGov. Electronic proposals must be submitted through OpenGov by the Submittal Deadline noted above. It is the sole responsibility of the Proposer to ensure that its proposal is submitted through OpenGov before the RFP closing date and time.

Electronic proposal submittals require uploading electronic attachments. All uploaded documents must be attached as separate Microsoft Word, Excel, or Adobe PDF files only.

Submission of attachments containing embedded documents is prohibited. It is the responsibility of the Proposer to familiarize itself with the OpenGov eProcurement system, and the City does not assume any liability or responsibility for late proposals.

Registration. Proposers must register on OpenGov to submit proposal responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

License and Bonding. Proposer shall be licensed and bonded in accordance with industry practices, laws, rules, and regulations governing the performance of services required in this

RFP.

For more information regarding the RFP, please contact:

Jennifer Cheng

Senior Special Project Associate jcheng@milpitas.gov https://procurement.opengov.com/portal/milpitas-cs

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II. Introduction

II.A Summary

Through this Request for Proposal ("RFP"), the City of Milpitas ("City") is seeking proposals from qualified and experienced contractors to provide comprehensive Parks and Landscaping Maintenance Services ("Services") for designated City parks and Facilities. Qualified vendors should have demonstrated experience in providing large-scale parks and landscape maintenance to public sector entities.

The selected vendor shall furnish all labor, tools, equipment, materials, transportation, and supervision necessary. Required services includes but is not limited to routine and preventative tasks such as turf care, irrigation system maintenance, weed abatement, waste and debris removal, and upkeep of various park elements like playgrounds, pathways, and shrubs. This solicitation also includes on-call work, as well as optional alternates for street median landscaping and weed abatement.

See Attachment C - Scope of Services for details.

II.B Background

The City of Milpitas is a vibrant City encompassing approximately 13.6 square miles, with a extensive public park system and municipal facilities. Under this RFP, the selected contractor will be responsible for maintaining 25 City Parks totaling more than 7 million square feet, as well as landscaped areas for 11 City facilities. Optional add alternates include landscape maintenance and weed abatement for City street medians and landscape maintenance districts. The City is seeking a professional, reliable partner with demonstrated experience in public-sector landscape maintenance who can deliver consistent, high-quality services while supporting the City's goals for safety, aesthetics, sustainability, and community enjoyment.

II.C Timeline

Schedule of Activities.The City reserves the right to amend the schedule below as necessary. All times referenced are in Pacific Time.

Release Date December 23, 2025

Question Submission Deadline January 14, 2026, 12:00pm

Proposal Submission Deadline February 11, 2026, 12:00pm

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III. Scope of Services

III.A Park & Landscape Maintenance Services

Please refer to Attachment C for detailed information concerning the Scope of Services and the City's parks and facilities.

IV. Vendor Questionnaire

In order to be fully compliant with the requirements of the RFP, please follow this format exactly siting each heading (Cover Letter, Company Profile, etc.). Proposer may include any additional information they feel is relevant to the RFP, but at a minimum must include each and every numbered and lettered item below in the proposal.

Once submitted, the Proposal and any supplementary documents become the property of the City.

IV.A Proposer Contact Information* Please provide your full name, your title, direct phone number, email address, your firm's name, and today's date.

*Response required

IV.B Time is of the Essence* Time is of the essence for each and every provision of this Agreement/Contract. Vendor confirms that is has thoroughly reviewed every requirement of this solicitation and the accompanying sample Agreement/Contract and will furnish all necessary documents outlined in either this solicitation or the attached Agreement/Contract. By confirming this question, vendor understands that failure to provide any and all documents, including but not limited to, forms, subcontractor information, bonds, insurance, and quotes within ten (10) business days of the close of this solicitation may result in the disqualification of their bid/proposal.

☐ Please confirm *Response required

IV.C Acknowledgement of Questions and Responses* Any Proposal submitted that does not acknowledge questions and the City's corresponding answers may be considered non-responsive. By confirming this prompt, you agree that you have seen all questions and answers related to the RFP.

☐ Please confirm

Parks and Landscaping Maintenance Services 25-1069

*Response required

IV.D Acknowledgement of Addenda* Any proposal submitted that does not acknowledge each and every addenda issued may be considered non-responsive. By confirming this prompt, you agree that you have seen and responded to all addenda to the RFP.

☐ Please confirm *Response required

IV.E Current W-9* Please upload your firm's current W-9 form.

*Response required

IV.F Prior Contract Failure* Proposer MUST disclose any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable.

If “None,” Proposer MUST state as follows:

“Proposer has no prior or ongoing contract failures, civil or criminal litigation or pending investigation.”

Failure to comply with this provision will disqualify any proposal.

*Response required

IV.G Minimum Qualification* Pursuant to Section 2.1 of the Scope of Services (Attachment C), please provide evidence of current and valid C-27 Contractor’s License. Failure to meet these minimum qualifications will result into the proposer's automatic disqualification from this package.

*Response required

IV.H Cover Letter* Include a cover letter that includes the following items and formatted as detailed below covering each item A through F. Failure to cover each item may be grounds for disqualification.

A. The cover letter shall identify the legal form of the firm, and if a corporation, shall identify in which state the firm was incorporated.

B. The cover letter shall be signed by a principal of the firm or other person authorized to act on behalf of the firm.

C. Response shall identify the location of the firm’s home office, and whether or not the firm has management staff in the San Jose/Oakland/San Francisco area.

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D. The number of employees.

E. Name, address, telephone number, and email for Respondent's point of contact for a contract resulting from this RFP.

F. Length of time Respondent has been providing services the same as or similar to those described in this RFP. Please provide a brief description

*Response required

IV.I Company Profile* The Proposer shall provide a general overview of the firm, including a brief history and its experience and qualifications in providing similar services as those requested in this RFP. The City will only consider submittals from Proposers whose proposed team demonstrates a long standing and well-established business presence in the State of California.

Your response should also include the following:

• Describe your firm's experience with the landscaping and maintenance services.

• Describe experience providing the same or similar services to other public entities.

o Provide a list of public agencies or comparable park system in which your organization has provided services within the last 5 years.

o Provide a list all public agencies or comparable park systems for which your organization currently provides services.

• Describe your ability to take on this contract, if awarded, including staffing availability, equipment resources and current workload.

*Response required

IV.J Staffing & Qualificiations* A. Please list all key personnel proposed to be assigned to the City, including the Project

Manager that will serve as the City’s primary point of contact for contract and administrative matters, and all supervisors and maintenance staff that will be assigned.

Include the following:

1. Describe each key personnel's role and their primary responsibilities should you be awarded this contract (no longer than 1 paragraph per individual).

2. For each key personnel, provide a brief resume/background. Each resume should not exceed one (1) page in length, with the biographical summary for each person limited to one (1) paragraph within the one-page resume.

B. Identify past performance challenges and how your firm resolved them in previous public contracts.

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C. Describe your firm’s safety program, accident prevention measures, and/or record of regulatory compliance

If any of the above are subcontractors, you must specifically identify as such and provide the same background/experience information as with directly employed personnel.

Failure to comply with each item A through C may be grounds for disqualification.

If, and when the City interviews prospective firms, the Project Manager and key Supervisors shall be in attendance and materially contribute to the discussion.

*Response required

IV.K References* This section shall consist of a list of three references for work of a similar nature as that required by the City, performed within the last three years. Proposers are directed to use the attached References form provided in Attachment A to list references.

*Response required

IV.L Project Approach / Execution Plan* Provide a comprehensive description of your project approach and execution plan for delivering the services identified in this RFP (see Scope of Services).

Your response should include the following:

A. Scope Coverage: Acknowledge whether your firm can provide all requested services listed in the Scope of Services within your companies’ capabilities. Identify any services that will be performed by subcontractors. If you are unable to provide certain services, clearly identify which service and explain why.

B. Execution Plan: Describe your execution plan for providing the required services listed in a cost-effective and timely manner, including staffing levels, supervisory oversight, and adherence to service frequencies (see Attachment E- Frequency of Services).

C. Communication Plan: Explain your communication plan with City staff, including:

1. Reporting of completed work

2. Issue escalation

3. Emergency notifications

4. How you shall ensure you use of City’s asset management system and MyMilpitas application for reporting issues

D. On-Call and Emergency Response: Describe your approach for on-call or emergency response work, including response time commitments and the procedures for dispatching crews.

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E. Protection of Assets: Explain how you will protect park assets, visitors and adjacent properties while performing maintenance work

F. Innovation and Efficient Measures: Describe any proposed innovations or efficiencies that improve service delivery, reduce costs, or provide environmental benefits (e.g. water conservation, battery-powered equipment, etc).

*Response required

IV.M Proposed Compensation* Complete and attach your proposed compensation using Attachment F - Cost Form.

Cost proposal shall include everything necessary for the provision of all products and services, including, but not limited to furnishing all labor, materials, equipment, tools, facilities, management, overhead expenses and profit for the initial 7-year term. Your cost form must signed by your authorized representative who is legally empowered to contractually obligate your firm.

Upload your completed Cost Form in the native Excel file. You may include a PDF version that contains the signature of your authorized representative.

*Response required

IV.N Certification of Proposer* Complete, sign, and upload your Certification of Proposer form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.O Non-Collusion Declaration Complete, sign, and upload your Non-Collusion Declaration form here. See Attachment A - RFP Submittal Forms to Complete.

IV.P Proposer's Statement Regarding Insurance Coverage* Complete, sign, and upload your Proposer's Statement Regarding Insurance Coverage form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.Q Worker's Compensation Insurance Certification* Complete, sign, and upload your Worker's Compensation Insurance Certification form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

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IV.R Nondiscriminatory Employment Certificate* Complete, sign, and upload your Nondiscriminatory Employment Certificate form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.S Wage Theft Certification* Complete, sign, and upload your Wage Theft Certification form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.T Compliance with or deviation from RFP and Agreement* Complete, sign, and upload your RFP and/or Agreement Exceptions form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

V. Submission Instructions

V.A Proposal Submittal

A. Proposals must be submitted electronically through the City's eProcurement website https://procurement.opengov.com/portal/milpitas-ca.

B. Submittal Deadline. Proposals must be uploaded to and submitted on the OpenGov website by the specified Submittal Deadline.

C. Responsibility. Proposer is solely responsible for ensuring its proposal is successfully uploaded and submitted in accordance with the RFP requirements before the Submittal Deadline. The City shall not be responsible for any delays in transmission or errors in your submitted response. Proposals must be uploaded in Microsoft Word, Excel or Adobe PDF format only, using as few files as possible. Do not wait until the last minute to upload files and submit your proposal response as delays can occur. In the event that there is a problem uploading documents or submitting your proposal, please contact OpenGov support for assistance at https://opengov.my.site.com/support/s/contactsupport, Chat: http://support.opengov.com, Email: support@opengov.com, or Phone: (650) 336- 7167.

D. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City to do so.

E. Forms. To be considered for award, each proposal shall be made on forms furnished by the City in this RFP.

https://procurement.opengov.com/portal/milpitas-ca https://opengov.my.site.com/support/s/contactsupport http://support.opengov.com/ mailto:support@opengov.com

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F. Late Proposals. The Submittal Deadline is absolute. Proposals will not be accepted after the Submittal Deadline.

G. Signature. To be considered for award, each proposal shall be signed by an authorized representative of the Proposer.

V.B Proposal Modifications

Any Proposer wishing to make modifications to a proposal that has already been electronically submitted may utilize the "unsubmit response" option on their submitted proposal, make their modifications, and then submit their response again prior to the specified Submittal Deadline. Proposers are solely responsible for ensuring that their final responses are submitted prior to the Submittal Deadline. The eProcurement system will not allow submittal of proposal after the Submittal Deadline.

V.C Authorized Signatures

Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual submits a proposal, their signature and post office address must be listed in the proposal. If a firm or partnership submits a proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be provided in the proposal. If a corporation submits a proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

V.D Interpretation of Contract Documents

If any person is in doubt as to the true meaning of any part of the RFP or finds discrepancies or omissions in the RFP, they may submit a request for an interpretation or correction through the OpenGov Question & Answer portal for this RFP no later than the specified deadline for questions.

The City will respond either by response in the Question & Answer section of the RFP or through a formal addendum. This solicitation and all such responses or addenda shall be incorporated into the resulting Agreement, whether directly or by reference. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the sole responsibility of each Proposer to check the website for addenda and questions/answers prior to submitting any proposal. In the event that this solicitation is obtained through any means other than the City's

Parks and Landscaping Maintenance Services 25-1069 e-procurement portal on OpenGov, the City will not be responsible for the completeness, accuracy, or timeliness of the final solicitation document.

To submit questions:

A. Go to the Milpitas Procurement Portal at https://procurement.opengov.com/portal/milpitas-ca;

B. Click on the title of the solicitation to open the solicitation page;

C. Click on the "Question & Answer" tab, and then click "Ask Question."

Responses to questions/requests for clarification will be posted to the solicitation on the OpenGov website.

The deadline for submitting questions related to this solicitation is: Wednesday, January 14, Questions answered on OpenGov are considered to be a part of or clarification to the RFP and are considered to be addenda to be acknowledged by Proposers in their proposal submittals using the form provided. The City may also issue, at its sole discretion, a separate addendum document in response to questions/requests for clarification.

It is the responsibility of each Proposer to ensure that they have registered on OpenGov and subscribed to receive notifications. To register a new account, go to the City's e-procurement website https://procurement.opengov.com/portal/milpitas-ca and click + Subscribe.

Any proposal submitted that does not acknowledge each and every question/answer may be considered non-responsive. Questions/answers, if any, must be acknowledged on the provided form in the space provided.

V.E Addenda

Addenda issued pursuant to this RFP, if any, will be posted on the City's eProcurement website.

However, it is the sole responsibility of the Proposer to check the website to determine whether any addenda have been issued.

Any proposal submitted that does not acknowledge each and every addendum issued may be considered non-responsive. Addenda, if any, must be acknowledged by answering the question in the Vendor Questionnaire entitled "Acknowledgement of Addenda."

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VI. Evaluation and Award Process

VI.A Award of Contract

Award, if made, will be made to the Proposer offering the most advantageous proposal after consideration of all evaluation criteria set forth the section entitled "Evaluation Criteria." An Evaluation Committee will be established by the City. Proposers not meeting the minimum requirements established in this RFP and not submitting all required documents may be deemed non-responsive to the RFP and thus may not be considered by the Evaluation Committee. The Evaluation Committee will evaluate all proposals received in accordance with the Evaluation Criteria. The City shall not be obligated to award to the lowest priced proposal but will make an award in the best interests of the City after all factors have been evaluated.

VI.B References

The Evaluation Committee may also contact and evaluate the Proposer's and subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

VI.C Additional Discussions

Discussions, such as interviews or system demonstrations, may, at the City’s sole option, be conducted with a short-list of responsive and responsible Proposers for the purpose of clarification to assure full understanding of, and responsiveness to, the RFP requirements or to provide the City with a demonstration of the proposer’s proposed product or software. Revisions may also be requested by the City, at its sole option, after original submissions and before award for obtaining best and final proposals.

Each Proposer shall be accorded fair and equal treatment throughout this process. The City will not disclose information submitted by competing Proposers.

VI.D Contract Negotiations

A Notice of Intended Award will be posted to the RFP on OpenGov. Final award is contingent upon successful negotiation of a contract based on the City’s standard terms and conditions.

Negotiations shall be confidential and are not subject to disclosure until after agreement is reached. If contract negotiations cannot be concluded successfully and in a timely manner with the top-ranked Proposer, the City may, in its sole discretion, initiate negotiations with the next highest scoring Proposer.

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The City reserves the right to contract in the manner that most benefits the City, including awarding more than one contract if desired. The City also reserves the right to cancel this RFP in its entirety and at its sole discretion.

Once negotiations are successfully completed, the Proposer will be recommended to the City Council for contract approval, and the City Council has the final authority to approve or reject the contract award.

VI.E Protest Procedure

Should any Proposer protest the award to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria, such protest should be submitted in writing to the designated Purchasing Contact for this solicitation. All protests received will be filed and adjudicated in compliance with the City Municipal Code Section “I-2-3.19– Protest Procedure”.

VII. Evaluation Criteria

An award of a Contract, if made, will be made to the Proposer offering the most advantageous proposal.

An Evaluation Committee will be established by the City. A Proposer not meeting the minimum qualifications and not submitting the required documents may be deemed non-responsive to this Notice of Request for Proposals (RFP) and may not be considered by the Evaluation Committee.

The Evaluation Committee will evaluate all proposals received in accordance with the Evaluation Criteria.

The City shall not be obligated to accept the lowest priced proposal but will make an award in the best interests of the City after all criteria have been evaluated.

The Evaluation Committee may also contact and evaluate the Proposer's and subcontractor's references, contact any Proposer to clarify any response, contact any current users of a Proposers services, solicit information from any available source concerning any aspect of a proposal, and seek any other information deemed pertinent to the evaluation process.

Discussions may, at the City's sole option, be conducted with a short-list of responsive and responsible Proposers. Discussions will be for the purpose of clarification to assure full understanding of and responsiveness to the RFP requirements. Each Proposer shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. Revisions may be permitted after submissions and before award for obtaining best and final proposals.

Interviews may be held with the most qualified proposers based upon score rankings. . Further, the City of Milpitas reserves the right to conduct Best & Final Offers, as necessary, if necessary, with firms susceptible to award.

In conducting discussions, the City will not disclose information derived from proposals submitted to competing Proposers. A notification of intent to award may be sent to any Proposer selected. The award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an Agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring Proposer or withdraw the RFP.

https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR

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Additional questions may be asked of Proposers and interviews may be conducted. Proposers will be notified of any additional required information or interviews after the written proposals have been evaluated

The City reserves the right to award an Agreement of services in whole or in part, by line item or group, in the manner most beneficial to the City, including awarding more than one Agreement. Once negotiations are completed and successful, the Proposer will be recommended to the Milpitas City Council for Agreement approval. The City Council has the final authority to approve or reject the Agreement award.

The successful Proposer selected will be provided an Agreement with the City to be executed.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cover Letter and Compliance with RFP Requirements Has the Proposer successfully and completely answered the required information in the Cover Letter?

Overall, has the proposer demonstrated sufficient experience and ability in providing services in similar complexity and scope to that described in this RFP?

Did the proposer follow the RFP instructions, and is the information provided clear, complete, and responsive?

0-10 Points 5 (5% of Total)

2. Company Profile Has the firm successfully and completely provided an overview of its firm, including history, experience, qualification relevant to the services required? Does it have a long-standing and well-established business presence in California?

Does the firm offer the breadth and quality of services required for the types of services required under the Scope of Services?

Does the Proposer demonstrate relevant experience providing landing and maintenance services particularly for public agencies or comparable park systems?

Does the firm’s organizational structure, staffing levels, resources demonstrate sufficient depth and capacity to take on and perform this contract if awarded?

0-10 Points 10 (10% of Total)

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3. References Initial Evaluation: Are the references provided for the same or similar services as those required by the City of Milpitas? Are they of similar scale? Are they for other public entities in California and/or with other municipalities similar to the City?

Follow-up Reference Checks: Are the firm’s references from past clients and associates overall favorable? What is the Respondent’s record of deliverables submitted on time and within budget? Does the firm communicate with, collaborate with, and take direction well from City staff?

0-10 Points 5 (5% of Total)

4. Staffing & Qualifications Are the qualifications, experience, roles, and primary responsibilities of the proposed Project Manager, supervisors, and key staff clearly described and appropriate for the scope of services?

Do the proposed personnel demonstrate relevant experience performing similar services?

Does the proposed staffing plan, including supervision and crew structure, demonstrate the ability to consistently deliver at the required levels and frequencies?

Overall, does the Proposer present a well-qualified and cohesive team capable of meeting the City’s operational, administrative and service requirements?

0-10 Points 10 (10% of Total)

5. Project Approach / Execution Plan Does the proposer’s response reflect a solid understanding of the City’s requirements and the Scope of Services?

Has the Proposer described a realistic and effective approach for delivering services in a cost-effective, timely, and reliable manner?

Does the Proposer’s execution plan address staffing levels, supervisory oversight, service frequencies, and quality control, including correction of deficiencies?

Does the Proposer demonstrate an effective management and communication approach, including coordination with City staff and handling or on-call or emergency work?

Does the Proposer include any innovations or efficiencies with its proposal?

0-10 Points 35 (35% of Total)

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6. Proposed Compensation Cost proposals shall include everything necessary for the completion of all Services or otherwise fulfillment of the Agreement including but not limited to furnishing all labor, materials, equipment, tools, facilities and all management; overhead expenses and profit required to complete the Services in accordance with the Scope of Work. Fee proposals must contain the information to accurately and completely capture all Proposer's costs. This section will be scored by the Purchasing Office using a mathematical formula whereby the lowest price proposal would receive the maximum number of points for this section, and each remaining proposer who submitted pricing at a higher dollar amount than the lowest priced proposal would receive a pro rata score in comparison to the lowest priced proposal, again, utilizing a mathematical formula.

See Attachment F for detailed instructions and information on pricing and cost structure.

0-10 Points 35 (35% of Total)

VIII. Terms & Conditions

VIII.A Term of the Agreement

The City intends to enter into an agreement with the awarded vendor for a one (1) year initial term with six (6) options to extend, for a total of seven (7) years. The Agreement is currently anticipated to begin on or around October 1, 2026. The City reserves the right to review the successful Proposer’s performance at any time throughout the term of the Agreement and cancel all or part of the Agreement, with or without cause, in its sole discretion.

VIII.B Anti-Discrimination

It is the policy of the City that in connection with all Services performed under the Agreement, there will be no discrimination against any prospective or active employee engaged in the Services because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Proposer agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Labor Code Section 1735. In addition, the Proposer agrees to require like compliance by any subcontractor employed to complete any Services under the Agreement.

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VIII.C Background Checks

All employees of the successful Proposers assigned to perform any services and duties identified in this RFP may be required to undergo a background security check (LifeScan or other background check as required by the City) and must be a minimum of twenty-one (21) years of age.

VIII.D Attachment Review

Please review attachments to ensure the proper Sample Contracts and forms are included

VIII.E California Secretary of State

The awarded Proposer will be required to have and maintain an active registration and be in good standing with the California Secretary of State throughout the term of the contract. See https://bizfileonline.sos.ca.gov/search/business for more information.

VIII.F Milpitas Business License

The awarded Proposer will be required to comply with the City's business license registration requirements set forth in its municipal code. See https://www.milpitas.gov/241/Business- License-Center for more information.

VIII.G Communication

Each Proposer must comply with the communication requirements specified herein. Any Proposer who communicates with parties or via methods not provided for in this RFP, may be subject to disqualification. Such communication includes contact with City elected officials, non-designated staff, or any member of the Evaluation Committee regarding this RFP.

The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addendum or response to questions published to this solicitation in OpenGov.

VIII.H Offers of More than One Price

Proposer is NOT allowed to submit more than one proposal.

VIII.I Proposal Prices and Notations

Prices shall be stated in units and offers made separately on each item. In case of conflict between unit prices and extended prices, unit prices will govern. Where there is a conflict between words and figures, words will govern.

https://bizfileonline.sos.ca.gov/search/business https://www.milpitas.gov/241/Business-License-Center https://www.milpitas.gov/241/Business-License-Center

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VIII.J Price Discrepancies

In the event that there are unit price items in a compensation proposal and the "amount" indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the amount will be corrected accordingly. If there is more than one item in a compensation proposal, and the total indicated does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern, and the total will be corrected accordingly. The Proposer will be bound by said corrections.

VIII.K Conflict of Interest

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Proposer covenants that neither it, its subcontractors, nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with the contract awarded from this RFP. Proposer certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFP is an officer or employee of the City. Through its proposal submittal, Proposer acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

VIII.L Examination of Contract Documents

It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with the RFP, all attachments including the Agreement, responses to questions, and addenda, if any, (hereinafter collectively referred to as “Contract Documents”). Proposer shall satisfy themselves as to the character, quantity, and quality of the Services to be performed and materials, labor, supervision, equipment, and appurtenances necessary to perform the Services as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the RFP or Agreement. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of the Contract Documents.

VIII.M Definition of Terms

For the purposes of this RFP, the following definitions will be used:

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A. Contractor/successful Contractor/successful Proposer. The terms “Contractor,” “successful Contractor” and “successful Proposer” refers to the party selected to enter into a contract with the City as a result of this RFP.

B. Evaluation Committee. An independent committee established by the City to review, evaluate, and score the proposals, and to recommend award to the Proposer that submitted the proposal determined by the committee to be in the best interest of the City.

C. May. Indicates something that is not mandatory but permissible.

D. Must/Shall. Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement may be deemed non-responsive and not be considered for award.

E. Proposer. The person or firm making a legally binding offer.

F. Proposal. The offer submitted by the Proposer.

G. RFP. Acronym for Request for Proposal; same as Solicitation and Contract Documents.

H. Should. Indicates something that is recommended but not mandatory. Failure to do what "should" be done will not result in rejection of your proposal but may result in lower scores during evaluation.

I. Submittal Deadline. The date and time on or before all proposals must be submitted.

VIII.N Disqualification of Proposer

If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. A person, firm, or corporation who has submitted a sub-proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers.

Reasonable grounds for believing that any Proposer is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Proposer is interested. Proposers shall submit as part of their proposal documents the completed Non- Collusion Declaration provided herein.

VIII.O Documents to be Returned with Proposal

Failure to completely execute and submit the required documents before the Submittal Deadline may render a proposal nonresponsive. The documents that must be returned by the Submittal Deadline are listed in the Vendor Questionnaire section.

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VIII.P Execution of Agreement

The Contractor shall execute the Agreement in substantially the form provided in this RFP. A copy of the Agreement is attached hereto as Attachment B and incorporated herein by this reference. The Agreement shall include, among other things, this RFP, any addenda, and the relevant scope and pricing terms under the Contractor’s proposal, whether incorporated directly into the Agreement or incorporated by reference. Contractor shall sign all necessary documents and submit all required bonds (if applicable) and evidences of insurance prior to contract execution. In case of failure of the Contractor to negotiate in good faith, provide all required documents, and execute the Agreement within a reasonable timeframe, the City may, at its option, terminate negotiations with the selected Contractor and engage the next highest-ranked Proposer in contract negotiations. After the Agreement has been executed, including the insurance documents, certificates, and bonds, if applicable, Contractor agrees to commence the services/project within ten (10) working days or as otherwise agreed to by the City.

VIII.Q Experience and Competence

The successful Proposer shall be skilled and regularly engaged in the general class or type of work called for under the Agreement. It is the intention of the City to award a contract to a Proposer who furnishes satisfactory evidence that he or she has the requisite experience, ability, sufficient capital, and facilities to enable them to prosecute the services/project successfully and properly and to complete it within the time specified in the Agreement. To determine the degree of responsibility to be credited to the Proposer, the City will weigh any evidence that the Proposer has satisfactorily performed other contracts of like nature, magnitude, and comparable difficulty. In selecting the proposal most advantageous to the City, consideration will be given to the general competency of the Proposer for the performance of the work specified in the RFP.

To this end, each Proposal shall be supported by a statement of the Proposer’s experience on the form entitled “References,” which is a part of the RFP.

Contractor’s personnel assigned to the contract awarded from this RFP should have relevant training and experience related to services of similar scope to this RFP. Contractor will ensure that a full-time employee is assigned to the job as project manager for the duration of the Agreement, that he or she speaks English, and that he or she preferably has a minimum of three

(3) years of supervision experience in work of similar scope to this RFP. Contractor may not substitute assigned Contractor staff without pre-approval by the City.

VIII.R Force Majeure

If execution of the Agreement shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the City, in writing, within twenty-four (24) hours, after the delay. Such causes may include, but are not limited to, acts of God, war, acts of a public enemy, and acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes, and unusually severe weather.

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VIII.S Formation of Contract

Proposer’s signed proposal and City’s acceptance shall constitute a binding contract.

VIII.T Informed Proposer

Each Proposer is expected to fully inform themselves as to the conditions, requirements, and specifications of the RFP before submitting proposals. Failure to do so will be at Proposer’s own risk, and they cannot secure relief on the plea of error.

VIII.U Insurance Requirements

The successful Proposer must furnish to the City a Certificate of Insurance and accompany endorsements proving coverage as specified in the Agreement attached as Attachment B. Failure to furnish the required certificates in a timely manner may result in forfeiture of the Agreement.

VIII.V List of Required Licenses

Contractor shall provide proof of having the following licenses to be considered responsive to this RFP:

• California C-27 Landscaping Contractor

VIII.W License Confirmation

Proposer represents that it is duly licensed and experienced in providing services similar to those being performed under this RFP, that it and its employees or subcontractors have all necessary licenses and permits to perform these services in the State of California, and that it is familiar with the plans of City.

VIII.X Nomenclatures

The terms successful Proposer, successful Contractor, and Contractor may be used interchangeably in this RFP and shall refer exclusively to the Proposer with whom the City enters into a contract as a result of this RFP.

VIII.Y Non-Collusion Declaration

Each Proposer is required to submit a signed copy of the Non-Collusion Declaration with its proposal.

VIII.Z Wage Theft Prevention

Proposers are required to submit a certification disclosing whether the Proposer or any of its proposed subcontractors has been found by a final court order or administrative action of an

Parks and Landscaping Maintenance Services 25-1069 investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline. A copy of the Wage Theft Certification is attached hereto and must be completed and submitted as part of the proposal.

VIII.AA Prevailing Wages

Proposer shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.

(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public work” and “maintenance” projects. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at https://www.dir.ca.gov/oprl/. The Contractor and all subcontractor(s) under him or her, shall comply with all applicable Prevailing Wage Laws, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. It shall be the Proposer’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this RFP and applicable law in its proposal.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No proposal will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

VIII.BB Proposal Content

(See Vendor Questionnaire) Proposer must describe in detail how they will meet the requirements of this RFP and may provide additional related information with its proposal. The proposal shall be presented in a format that numerically corresponds to the numbered sections outlined in the Vendor Questionnaire. Responses to each section should be labeled to indicate which item is being addressed. Proposals shall be straightforward and concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and providing a complete and clear description of the offer. If a complete response cannot be provided without referencing supporting documentation, you must provide such documentation with the proposal indicating where the supplemental information can be found.

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The City is not liable for any costs incurred by Proposers before entering into a formal Agreement.