RFP 25-037 Landscape Maintenace Services at Various City Owned Sites.pdf

Request for Proposals for:

RFP# 25-037

LANDSCAPE MAINTENANCE SERVICES AT

VARIOUS CITY OWNED SITES

SUBMIT PROPOSALS BY:

April 30, 2025

SUBMIT PROPOSALS TO:

www.bidnetdirect.com//cityoffremont http://www.bidnetdirect.com/cityoffremont

LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS CITY OWNED SITES

REQUEST FOR PROPOSALS

LANDSCAPE MAINTENANCE SERVICES FOR VARIOUS CITY

OWNED SITES

A. The CITY OF FREMONT (hereinafter "City") hereby requests proposals for

Landscape Maintenance Services for Various City locations, and will receive proposals submitted at www.bidnetdirect.com//cityoffremont up to the hour of 2:00p.m. on April 30, 2025. PROPOSALS shall be clearly marked as: PROPOSAL FOR RFP #25-037 LANDSCAPE MAINTENANCE

SERVICES FOR VARIOUS CITY OWNED SITES.

If not already registered on BidNet website, please visit this link to register for City of Fremont access for free www.bidnetdirect.com//cityoffremont

B. SCOPE OF SERVICES. The City has prepared an outline of services (which includes a description of the City’s Project Objectives) which is attached as Exhibit “1” to the Request for Proposals (“RFP”), and generally includes: Landscape Maintenance Services for Various City Owned Sites.

C. REQUESTS FOR CLARIFICATION OF THE RFP. The sole point of contact for information pertaining to this RFP is www.bidnetdirect.com//cityoffremont Communication with City staff about the scope of services or anything else related to this RFP is forbidden. If any proposer has any question regarding the meaning of any part of this RFP, or finds discrepancies in or omissions from this RFP, the proposer shall submit questions through the City of Fremont’s online bidding provider at www.bidnetdirect.com//cityoffremont by 3:00 PM Tuesday, April 23, 2025. All responses to questions will be posted on BidNet Direct.

D. SUBMITTAL OF PROPOSALS The instructions for the submittal of proposals are set forth throughout this RFP. Generally, each proposal shall be submitted with a cover letter and four exhibits, including: (A) Scope of Services, (B) Billing Rates, (C) Statement of Qualifications, and

(D) Terms of Service Agreement. Proposals shall be submitted as a SINGLE PDF document.

(1). Scope of Services: The City has set forth on RFP Exhibit “1,” attached hereto and incorporated herein by reference, an outline of services which the City anticipates the successful proposer to perform.

The outline of services set forth on RFP Exhibit “1” is presented for the primary purpose of allowing the City to compare proposals. The precise scope of services to be incorporated into the Service Agreement will be based upon RFP Exhibit “1” as well as Proposal Exhibit “A” to be prepared by Proposer as a part of the proposal (described below), and may be the subject of negotiations between the City and the successful proposer.

(1)(A). Based upon the City’s outline of services set forth on RFP Exhibit “1,” the Proposer shall prepare a complete description of the scope of services (to be labeled: Proposal Exhibit “A”) which the Proposer intends to perform in order to achieve the Project Objectives. The Proposer may identify services in Proposal Exhibit “A” which differ from the outline of services in RFP Exhibit “1” if the Proposer believes the changes will assist the City in more efficiently and effectively achieving the City’s stated Project Objectives.

(2)(A). The Proposer’s scope of services shall include, at a minimum, a description of the major components of services (or phases of service), a description of work product (or “deliverables”) to be provided by Proposer to the City, and the expected time of completion for each component.

Proposers are required to include an implementation schedule showing work to be completed in the first 30 days.

(B). Billing Rates: The Proposer shall prepare a schedule of billing rates using Attachment 1 (to be labeled: Proposal Exhibit “B”) for each location monthly and annually, as well as hourly rate(s) and reimbursable charges.

(C). Statement of Qualifications: The Proposer shall prepare a statement of qualifications (to be labeled: Proposal Exhibit “C”) which identifies:

(1). An identification of the size, stability, and capacity of Proposer’s organization, including, at a minimum, an identification of Proposer’s:

(1) total number of years in operation, (2) total current number of employees, (3) number of office locations (including the location of each office), and (4) number of employees in the office location which is intended to provide the services described in Exhibit “A.”

(2). An identification of the Proposer’s experience performing services for projects of a similar size, scope, and complexity as the services required by this RFP, including an identification of: (1) the number of years Proposer has been performing similar services; and (2) the most recent government entities for which the Proposer has performed similar services. The list of recent projects shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed the dollar amount of the contract, and the date of performance.

(3). Verification that Proposer is registered with the California Department of Industrial Relations (“DIR”), pursuant to Labor Code section 1725.5

(4). A list of the Proposer's principals, employees, agents, and sub-contractors which the Proposer intends to assign to this Project, if any.

This list shall include: the California Department of Industrial Relations (“DIR”) registration number of any sub-contractor whose employees will be performing work on City-owned real property; a summary of the qualifications (including education, training, licenses, and experience) of each individual; the approximate number of hours each will devote to the Project: and the type of work to be performed by each individual. The City will retain under its agreement with the successful Proposer the right of approval of all persons performing under the agreement.

NOTE: Performance of Landscaping Services and related services on City-owned property is public work for which any Proposer awarded a contract under this agreement, and any sub-contractor whose employees will be performing work on City-owned real property, shall be required to register with the DIR pursuant to Labor Code section 1725.5. See Section J below and Exhibit F of the City’s standard form Service Agreement for more information about Labor Code compliance. Any proposal WILL BE REJECTED AS NON-RESPONSIVE if Proposer fails to comply with the requirements herein above to provide evidence of DIR registration for both Proposer and any sub-contractors, as required by California law.

(D). Terms of Proposed Service Agreement: The Proposer shall prepare a document identifying the terms of the proposed Service Agreement between the City and Proposer (to be labeled: Proposal Exhibit “D”), including:

(1). Specifically identifies any portions of the City's standard form Service Agreement (attached to this RFP) which the Proposer desires to amend (either by addition, deletion, or modification).

(2). Disclose any past, ongoing, or potential conflicts of interest which the Proposer may have as a result of performing the work for this Project.

(3). Identify Proposer’s ability to comply with the City’s insurance requirements. A copy of an insurance certificate or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits), is required.

(E). AWARD OF AGREEMENT. The City currently anticipates awarding a single agreement for this Project. However, the City may negotiate multiple service agreements with top ranking proposers. In the event that a service and fee agreement cannot be reached with the proposer selected, negotiations will be terminated and the next proposer will be contacted to negotiate.

(F). FORMAT AND QUALITY OF PROPOSALS. All proposals shall be prepared in a clear and concise manner. Unnecessarily elaborate or glossy proposals are neither expected nor desired. The emphasis of the proposal should be on responding to the requirements set forth in this RFP. The City shall have the right to ask clarification questions about the proposal.

(G). PROPOSER’S SIGNATURE. An authorized representative of the Proposer shall sign the proposal on a cover letter which: (1) identifies this project by name and number; and (2) Proposers full legal company name, along with name of contact person, address, phone number, fax number, and e-mail address; and (3) indicates Proposer’s willingness to comply with the procedures identified in this RFP, including an incorporation by reference of the four exhibits identified below.

(H). CITY’S REVIEW OF PROPOSALS. After the proposals are received and opened by the City, the City shall review and evaluate all proposals for responsiveness to the Request for Proposals in order to determine whether the Proposer(s) possesses the qualifications necessary for the satisfactory performance of the services required. The criteria by which the City shall evaluate proposals are set forth in this RFP. The City may also investigate qualifications of all Proposers to whom the award is contemplated, and the City may request clarifications of proposals directly from multiple Proposers. The City reserves the right to negotiate the terms of the Agreement for this Project with multiple proposers.

Additionally, the City reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process. In reviewing the proposals, the City will consider the following:

1. The qualifications (including education, training, licenses, experience, and past performance) of the Proposer and its agents, employees, and sub-contractor in completing projects of a similar type, size, and complexity. The City may consider Proposer's timely and accurate completion of similar projects within budget. (Weighted 20%.)

2. The feasibility of the proposal based upon the methodology of the proposed scope of services. (Weighted 20%.)

3. The hourly billing rates for service. (Weighted 20%.)

4. Proposer’s understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this RFP. (Weighted 20%.)

5. Proposer’s proposed language for the Service Agreement. (Weighted

20%.)

NOTE: The City reserves the right to reject all proposals.

Notwithstanding scoring criteria above, the City reserves the right to reject any proposal on the ground that: the proposal is non-responsive, subject to the City’s right to waive irregularities; the Proposer is not legally qualified to do the work, including because the Proposer, or any sub-contractor as required, is not registered with the DIR; it appears from the proposal that the Proposer may lack, and cannot obtain, necessary insurance; the proposed billing rates greatly exceed budgeted amounts and/or the proposed billing rates of comparable proposals;

there is evidence that the Proposer will not agree to a necessary contract provision; or for any other reason within the City’s reasonable judgment that warrants outright rejection of the proposal.

(I). AWARD OF AGREEMENT Upon completion of the review period, the City shall notify those Proposers who will be considered for further evaluation and negotiation. All Proposers so notified may be required to make presentations and negotiate in good faith in accordance with direction from the City. Any delay caused by Proposer's failure to respond to direction from the City may lead to a rejection of the Proposal.

(1). If the City determines, after further evaluation and negotiation, to award the Agreement, a Service Agreement shall be sent to the successful Proposer for the Proposer's signature. No proposal shall be binding upon the City until after the Agreement is signed by duly authorized representatives of both Proposer and the City.

(2). The City reserves the right to award multiple agreements based upon this RFP, and to include different scopes of work in each and any such agreement.

(J) ARTICLE 9 – LABOR PROVISIONS

1) Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Proposer and its Sub- Proposers are required to comply with all applicable federal and California laws, including the California Fair Employment and Housing Act (Government Code Sections 12900 et seq.), Government Code Section 11135, and Labor Code Sections 1735, 1777.5, 1777.6, and 3077.5.

2) Labor Code Compliance. Proposer is advised that the work to be performed under this Agreement (“the work”) is subject to state prevailing wage and labor law (California Labor Code sections 1720 through 1861, and Title 8, California Code of Regulations, Chapter 8, Sub-chapter 3, commencing with section 16000), including, but not limited to, requirements for: payment of applicable prevailing wage and travel and subsistence payments; overtime and working hours; apprenticeship employment; and, payroll recordkeeping and reporting. Accordingly, for all construction (including, but not limited to, pre-construction testing and inspection, and survey work), alteration, demolition, installation, repair, or maintenance work performed under this Agreement, Proposer shall comply with these requirements including, but not limited to, the following:

a. DIR Registration. Proposer must provide City proof prior to the start of the work that it or its sub-Proposer that will perform the work is registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions.

b. Prevailing Wages. The work is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

c. Payroll Records. Proposer must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records.

d. Eight Hour Day. Under Labor Code section 1810, eight hours of labor constitute a legal day’s work under this Contract. Workers must be paid overtime if required or permitted to work more than eight hours in a day or more than forty hours in a week.

e. Apprentices. Proposer is responsible for compliance or for ensuring its sub-Proposers’ compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated herein by reference.

f. Notices. Under Labor Code section 1771.4, Proposer is required to post or to ensure that its sub-Proposers post all job site notices prescribed by law or regulation.

g. Compliance Monitoring. Under Labor Code section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

Workers’ Compensation. Under Labor Code section 1861, by signing this Agreement, Proposer certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work on this contract.”

Sub-contracts. Proposer shall ensure that the Labor Code compliance and workers’ compensation requirements set forth above are included in all its subcontracts and any lower tier subcontracts for activities for this work.

K. COSTS ASSOCIATED WITH PROPOSAL PREPARATION ARE

SERVICE PROVIDER RESPONSIBILITY

All cost incurred by prospective proposers associated with preparation of a response to this Request for Proposals and subsequent demonstrations, analyses, studies, responses to inquiries, travel for purposes of competing for and/or negotiating a contract with the City are the sole responsibility of the proposer.

L. COMPLIANCE WITH LAW AND STANDARD CARE

Consultant shall comply with all applicable federal, state and local laws including any applicable legal requirement imposed by Executive Orders duly issued at the federal, state and local level, whether or not said laws are expressly stated in this Agreement. Consultant shall perform services under this Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

Must be submitted with Proposal)

PROPOSALS ARE PUBLIC RECORDS The City upon determination of award will post an Intent to Award to the City’s website and to www.bidnetdirect.com//cityoffremont. Each proposer is hereby informed that, upon submittal of its proposal to the City in accordance with this RFP, the proposal is the property of the City.

(1). Unless otherwise compelled by a court order, the City will not disclose any proposal while the City conducts its deliberative process in accordance with the procedures identified in this RFP. This shall be done for the City’s own benefit, and not for the benefit of any Proposer.

After the city either awards an agreement to a successful proposer, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code sections 6250, et seq.), unless there is a legal exception to public disclosure.

(2). If a proposer believes that any portion of its proposal is subject to a legal exception to public disclosure, the Proposer shall: (1) clearly mark the relevant portions of its proposal “Confidential”; and (2) upon request from the City, identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Proposer shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the “Confidential” portion of the proposal.

Please check (√) one of the following:

NO, I certify that none of the information included with this Proposal is considered confidential or proprietary.

YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified within the proposal.

CONFLICT OF INTEREST

(Must be submitted with Proposal)

Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual services as a result of this RFP/Bid. Any such relationship that might be perceived as or represent a conflict should be disclosed. By submitting a proposal in response to this RFP/Bid, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a vendor’s proposal. An award will not be made where a conflict of interest exists. The City will determine if a conflict of interest exists and whether it may reflect negatively on the City’s selection of a vendor.

The City reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.

COLLUSION

This is to certify that the undersigned bidder has neither directly nor indirectly entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date to the City of Fremont.

All terms and conditions of this Request for Proposal have been thoroughly examined and are understood.

NAME OF BIDDER:

AUTHORIZED REPRESENTATIVE

SIGNATURE

TITLE

ADDRESS ____________

EXHIBIT “1” – SCOPE OF WORK

Landscape Maintenance General Requirements, Scope of Services, and Standards

General Description of Work

The work to be performed under this contract generally includes providing regular and routine landscape maintenance services at various City-owned sites. Services shall encompass the upkeep of outdoor plazas, City facilities with landscape and hardscape features, pressure washing, removal of litter, debris, and trash, trash receptacle emptying as well as the maintenance of site fixtures, structures, and landscaped areas. All work shall be performed in accordance with the standards and requirements outlined in these Special Provisions.

Scope and Performance Requirements The Contractor shall provide the City with scheduled rates for requested work using the format specified in Attachment 1. All services and materials provided must meet the quality standards and requirements set forth in these Special Provisions.

The City reserves the right to terminate the contract at any time if the Contractor fails to deliver workmanship or materials that comply with the terms and expectations outlined herein. Termination shall take effect immediately upon the Contractor’s receipt of written notice from the City’s Maintenance Operations Department Director.

Service Locations Work under this contract may be performed at the following locations, including but not limited to:

• Warm Springs Parcels C, D, F and future underdevelopment parcel E

• Downtown Event Center

• Warm Springs Plaza (adjacent to BART)

• Landscaping along Innovation Way medians and public right of way

• Warm Springs Senior Center

• Library and Police Department Administration

• Detention Facilities

• Additional sites and landscape services as designated by the City

Maintenance Services and Frequency:

- 1 time per week providing landscape maintenance services

- 1 time per month hardscape pressure washing

- 1 time per month safety lighting evaluations/assessments

- 2 times per year fixture and structures evaluations/assessments

- 2 times per year lighting evaluations/assessments

- 3 times per year irrigation and landscape evaluations

5 times per week (Monday thru Friday) site maintenance observation, blowing, picking up litter, emptying trash receptacles

Parcel C (LMC)

This urban plaza area is located at the northwestern quadrant of the Innovation Plaza and is adjacent to the Lennar Multi-Family development that comprises of multi-story, multi-family housing with commercial units. This maintenance area is approximately one acre in size includes landscaping and paving in the right-of-way fronting the plaza area. The plaza design consists of mostly hardscapes, with specialty concrete paving, and permeable and impervious concrete pavers, artificial turf areas, concrete benches, park entry signs, trash and recycling receptacles, bike racks, drinking fountains and pedestrian lighting. The minimal planting area consists of trees in planters with tree grates, and storm water treatment planters.

Parcel D (LMC)

This urban plaza area is located at the northeastern quadrant of the Innovation Plaza and is adjacent to the Lennar Multi-Family development that comprises of multi-story, multi-family housing with commercial units. This maintenance area is approximately one acre in size includes landscaping and paving in the right-of-way fronting the plaza area. The plaza design consists of mostly hardscapes, with specialty concrete paving, and permeable and impervious concrete pavers, artificial turf areas, concrete benches, park entry signs, trash and recycling receptacles, bike racks, drinking fountains and pedestrian lighting. The minimal planting area consists of trees in planters with tree grates, and storm water treatment planters.

Parcel F (St. Anton)

This urban plaza area is located at the southeastern quadrant of the Innovation Plaza and is adjacent to the St. Anton affordable housing development comprised of multi-story, multi-family housing with commercial units. This maintenance area is approximately one acre in size includes landscaping and paving in the right-of-way fronting the plaza area. The plaza design consists of mostly hardscapes, with specialty concrete paving, and permeable and impervious concrete pavers, artificial turf areas, concrete benches, park entry signs, trash and recycling receptacles, bike racks, drinking fountains and pedestrian lighting. The minimal planting area consists of trees in planters with tree grates, and storm water treatment planters.

Future Parcel E

This urban plaza area is located at the southwestern quadrant of the Innovation Plaza and is adjacent to the St. Anton affordable housing development comprised of multi-story, multi-family housing with commercial units. This maintenance area is approximately one acre in size includes landscaping and paving in the right-of-way fronting the plaza area. The plaza design consists of mostly hardscapes, with specialty concrete paving, and permeable and impervious concrete pavers, artificial turf areas, concrete benches, park entry signs, trash and recycling receptacles, bike racks, drinking fountains and pedestrian lighting. The minimal planting area consists of trees in planters with tree grates, and storm water treatment planters.

Downtown Event Center

This urban plaza area is located to the east of the new downtown community center.

This maintenance area includes approximately over one acre in size and consists of hardscapes, with specialty concrete paving, and permeable and impervious concrete pavers, decorative stage/platform with steel fence feature, concrete benches, plaza gateway sign, trash and recycling receptacles, bike, drinking fountains and pedestrian lighting. Additionally, there is stabilized gravel surfacing intended for food trucks and pop-up events. The planting area consists of trees in planters with and without tree grates, and storm water treatment planters and a mature stone pine. There is also an irrigated lawn area with a subsurface drainage system approximately 6,700 square feet in size.

Warm Springs Age Well Center The outdoor landscape areas to be maintained consists of a combination of ornamental building perimeter and parking lot planting, storm water treatment planters, and right-of-way street tree planting. There are approximately 20,000 square feet of planting areas. Hardscape surfaces are a combination of standard and colored concrete paving. There is a community garden area with decomposed granite surfacing. This area includes wooden worktables, garden planter boxes and tool shed.

It is anticipated patrons will maintain the planting within the garden planter boxes, but maintenance by the vendor will include repairing irrigation for these or replacing planting soil, as necessary. The facility also includes a bocce ball court with a bocce-specific specialty surfacing and perimeter tube steel railing and gate which will require specific seasonal maintence. Other site furnishings include concrete planter boxes, wood benches, bike racks and landscape lighting.

Warm Springs (BART) Plaza This urban plaza area is located west of the Warm Springs BART station and serves as a connection between the station and Innovation Plaza. This plaza is anticipated to receive heavy use from commuters, Innovation District residents, employees of surrounding businesses and commercial patrons. The maintenance area is approximately two acres in size and includes landscaping and paving in the right-of-way fronting the plaza area. The plaza design consists of mostly hardscapes, with specialty concrete paving, and permeable and impervious concrete pavers, terraced artificial turf areas with decorative fence panels, concrete benches, park entry and wayfinding signs, trash and recycling receptacles, bike racks, drinking fountains, bollards, and solar charging stations, and pedestrian lighting. The minimal planting area consists of trees in planters with tree grates, and storm water treatment planters.

The plaza will also house a future art installation.

Map of Library and Police Department Administration and Detention Facilities Landscape Area:

Detention Center Facilities

PD Fueling Station

Animal Shelter

PART 1 – GENERAL REQUIREMENTS

1.01 OVERALL STAFFING AND EQUIPMENT.

A. Contractor Employees The Contractor shall provide a sufficient number of qualified employees to perform all services outlined in the Scope of Work in an efficient and professional manner. At a minimum, the Contractor shall assign a crew of no fewer than four (5) full-time employees to the sites on each scheduled service day. This crew shall include:

• One (1) Crew Leader/Supervisor with demonstrated experience in landscape maintenance operations and the ability to communicate effectively with the Owner’s representative.

• Two (2) Landscape Technicians trained in mowing, edging, pruning, and routine horticultural practices.

• One (1) Irrigation Technician (as needed) with experience in monitoring, adjusting, and repairing irrigation systems.

• One (1) Spray Technician (as needed) with experience in pest control, herbicide treatment and weed abatement of landscapes, in accordance with the local jurisdiction laws and regulations including the cities IPM standards

All employees assigned to this contract must have the appropriate training, certifications (as applicable), and equipment necessary to safely and effectively perform their duties. Personnel must be uniformed and clearly identifiable as Contractor employees while on site.

The Contractor shall ensure adequate staffing levels during peak growing seasons and adjust workforce as necessary to maintain all landscaped areas in accordance with the specifications. Any deviations from the minimum staffing levels must be approved in writing by the Owner or Owner’s representative.

B. Project Manager or On Site Supervisor - Contractor must provide one (1) or more full time Project Manager(s) available to communicate with the City of Fremont at all times during normal business hours. Project Manager is responsible for managing all aspects of the contract including staff, equipment and scheduling work. Project Manager is the designated point of contact for the City of Fremont to communicate work tasks and receive feedback. Project Manager must be capable of communicating effectively with City of Fremont staff through the use of the English language both orally and in writing.

Contractor will provide quarterly detailed site inspection reports to City staff. City staff will conduct inspections from time to time to determine the Contractor’s conformity with these specifications and the adequacy of the work being performed. Contractor shall be available for consultation and site visits with City staff as needed.

C. Equipment - All equipment (vehicles, mowers, spreaders, hand tools, etc.)

used in the performance of landscape maintenance shall be kept in an optimal working order sufficient to ensure the equipment operates as the manufacturer intended. This would include, but not be limited to, all necessary adjustments, sharpening, calibrations and maintenance recommended by the manufacturer.

1.02 MATERIAL SPECIFICATIONS

All materials used shall be of the highest quality and shall conform to the original plans of the landscape specifications for each site or as approved by the City of Fremont. Contractor must also adhere to Administrative Regulation 3.10:

Environmental Purchasing Policy.

1.03 TIME OF OPERATIONS

Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public. The Contractor shall conduct weekday operation between the hours of 7:30 AM and 5:00 PM. Weekend operation is by written approval only.

1.04 SUB-CONTRACTING

Sub-contractors must be approved in writing by the Park Superintendent. Sub-contractors are subject to prevailing wage laws and other provisions of the Services Agreement.

1.05 COMMUNICATION

A. Work Orders, Inspections and Punchlists. The City of Fremont strives to have effective communication between the city and its service providers.

Whenever possible, work orders and complaints will be forwarded to the Contractor electronically. Inspections and any subsequent punchlists performed by the City will be forwarded electronically. These work orders, inspections and punchlists will have specific completion dates requested or required that the Contractor must adhere to. Contractor shall return the completed information within one (1) business day of completion of the item via email with specific detail of completion.

B. Cell Phones and Radios. Contractor shall maintain a cell phone for the on-site supervisor that the City can call and normally reach someone during normal business hours. Contractor shall also maintain a 24 hour number in which the City of Fremont or safety service personnel can call and always get a live person employed by the Contractor. Emergency response shall be within 1-2 hours of the initial call. Emergency callback work shall be invoiced separately from regularly scheduled work. Each invoice shall include the name of the City employee authorizing the work.

C. Contractor is expected to observe the 24-hour rule with regards to communication. That is, all calls and emails should be returned within one (1) business day. This is a reciprocal expectation. City of Fremont personnel shall strive to return all calls and emails in one (1) business day as well.

1.06 MONTHLY SCHEDULE

Contractor shall provide a monthly schedule to the City five (5) business days prior to the beginning of the next month. The form of the schedule shall be approved by the City of Fremont and it must be in a format that can be easily and effectively transmitted electronically.

Set schedules shall include site and task specific details. Should the set schedule change at all, an updated schedule must be submitted to City staff for approval.

1.07 SAFETY PROGRAM AND TRAINING

A. Safety must be the highest priority for the Contractor’s employees and for any person near the site where work is being performed. Contractor’s employees shall wear a vest or uniform for easy identification. Contractor shall follow all California Department of Pesticide Regulations when applying pesticides on City property. Contractor shall wear all proper Personal Protective Equipment (PPE) while performing work on City property.

B. All services and merchandise must comply with the California State Division of Industrial Safety Orders and OSHA.

C. Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take the precautions required by applicable regulations of the State department of Industrial Relations and any other applicable Federal or State regulation.

D. Contractor shall have in place an Injury and Illness Prevention Program (IIPP) as required by law and provide the City of Fremont with appropriate evidence within thirty (30) days of Contract award.

1.08 BAY-FRIENDLY AND INTEGRATED PEST MANAGEMENT (IPM)

Contractor must have assigned to the project at least one employee who shall be a Bay-Friendly Qualified Landscape Maintenance Professional. Contractor will have 6 months to attain certification from the date of the executed maintenance facility agreement.

Integrated Pest Management program (IPM): The City of Fremont requires an IPM approach to pest management. The contractor shall provide a written description of the company’s Integrated Pest Management program, a description of the company’s plan for implementing its IPM program, and, if applicable, a copy(ies) of evidence of IPM training for crew leaders and/or pesticide applicators in the bid response packet.

The IPM contractor shall keep detailed records of chemicals used. Quantities and when and where chemicals were applied, including reduced toxicity chemicals normally used by IPM contractors shall be included in the records. If no chemicals are used, the contractor shall provide a description of the process to eliminate pest problem.

The contractor prior to a change of chemical usage, shall submit copies of product label and MSDS documentation as well as any pertinent information regarding the proposed change to the Project Manager.

IPM Standards

The following standards shall be applied as minimal requirements:

Pesticides should be used only if adequate IPM methods/controls cannot be achieved with alternative types of treatment. To the extent possible, the contractor shall minimize (or eliminate) the use of pesticides containing carbaryl, fipronil, organophosphates, or pyrethroid compounds at City of Fremont locations. The contractor shall also comply with all current Federal, State, and local pesticide application regulations, including the recent (July 2012) rulemaking action by the Department of Pesticide Regulation that amends section 6000 of, and adds sections 6970 and 6972 to Title 3 of the California Code of Regulations. This action identifies pesticides that have a high potential to contaminate surface water in outdoor non–agricultural settings, requires businesses that apply these pesticides to take actions to minimize contamination, and defines various related terms.

Pesticide use shall always consist of the least toxic material, most precise application technique, and minimum quantity of material necessary to achieve pest control.

The contractor shall provide product label and MSDS documentation for every chemical used at City of Fremont sites to City Staff.

Pesticides and any other materials used must be handled in strict accordance with all current Federal, State, and Local Ordinances; pesticide applications must be consistent with the Good Practice Statements of the National Pest Control Association.

1.09 TRAFFIC CONTROL AND PUBLIC SAFETY

A. Attention is directed to Sections 7-1.08 "Public Convenience"; 7-1.09 "Public

Safety"; and 12 "Construction Area Traffic Control Devices," of the State of California Standard Specifications (2010) (herein referred to as the State Standard Specifications and incorporated by reference in to this Agreement) and to the Section 2.5 entitled, "Safety”. Nothing in these requirements shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09.

B. All signs, warning devices, and all other traffic control devices shall be furnished, installed, maintained, relocated, and removed by the Contractor and shall become his property after the completion of the contract. State Standard Specification Section 12-2.02 is revised to provide that all flagmen and guards shall be furnished by the Contractor at his own expense. The Contractor shall refer to the current California MUTCD, and shall furnish, install, maintain, relocate, and remove all necessary signs, devices and temporary striping during the length of this contract.

C. Pedestrian access shall be maintained at all times. Fencing shall be provided as necessary to protect pedestrian traffic from hazards due to construction operations. Full compensation for maintaining and protecting pedestrian traffic shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed. Full compensation for installation, maintenance and removal of temporary facilities needed to maintain pedestrian traffic shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed.

D. Lane closures shall conform to the provisions in the California MUTCD and these Special Provisions. An arrow board shall be used for all lane closures.

Lane closures shall not occur before 8:30 a.m. or after 4 p.m. Any lane closures and road closures used by the Contractor shall be restricted to the daylight hours when public traffic will be least inconvenienced and delayed as determined by the City Engineer.

E. The full width of the traveled way shall be open for public use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress.

1.10 CONTRACTOR EMPLOYEE SUPERVISION

Contractor shall ensure that the conduct and activities of their employees will not be detrimental to the interest of the public using City of Fremont facilities or reflect poorly on the City of Fremont. Upon written notification by the City of Fremont that such conduct, in the opinion of the City of Fremont, has occurred, Contractor shall promptly use reasonable measures to address the situation and prevent any recurrence.

1.11 UNIFORMS

All workers employed on the project shall wear a uniform at all times bearing the name of the Contractor. Uniform can be a shirt or safety vest. Contractor’s employees shall present a neat and clean appearance given the nature of the work. All button-down shirts shall be tucked in for safety and professional appearance.

1.12 VEHICLES

All Contractor vehicles must have identification clearly identifying them as Contractor’s vehicles. Vehicles must be in safe working order have a professional appearance.

1.13 KEY CONTROL

Contractor shall be responsible for the safekeeping and proper use of all keys issued by the City of Fremont during the term of this contract. Lost or stolen keys shall be reported immediately to the City of Fremont. Contractor, at the sole discretion of the City of Fremont, may be asked to reimburse the City for the cost of replacing keys and or rekeying of all keyed alike locks. Upon termination or expiration of this Agreement, all keys received by the Contractor shall be accounted for and returned to the City of Fremont.

1.14 VANDALISM

Any acts of vandalism should be reported immediately to the City staff at 510- 979-5700. The City of Fremont may request a quotation for repairs of vandalized property from the Contractor. Work will begin only after written approval from City staff and at the sole discretion of the City of Fremont.

1.15 DAMAGE

Any damage caused by Contractor to landscaping, property or any related structures or facilities during the performance of any provision of the contract shall be the responsibility of the Contractor. The City of Fremont shall determine who is responsible for such damage. All damage determined not to be the responsibility of the Contractor shall be repaired by the City of Fremont or by the Contractor if requested by the City of Fremont. The City of Fremont may request a quotation for repairs of damage.

Any irrigation equipment that is damaged by Contractor, Contractor shall have twenty four (24) hours or one (1) business day to make necessary repairs at Contractor’s cost.

Any settling, washouts, or damage due to vehicles or equipment shall be filled, graded, replanted, and repaired to original condition at Contractor’s cost.

1.16 PESTICIDE USE

A. Overview – An integrated pest management (IPM) pesticide program for the control and/or elimination of weeds shall be applied as needed, following a mutually approved schedule. Any pesticides used must be on the Department of Agriculture’s approved list. Additionally, all pesticide use shall conform to

Administrative Regulation 6.7 Integrated Pest Management (see Attachment 2). Furthermore, the City of Fremont is an active member in the Bay Friendly Landscapes and its contractors shall adhere to the policies and guidelines associated with this organization, including, but not limited to, the use of organic fertilizers and pesticides, whenever possible. Contractor shall provide appropriate permits and licenses before any pesticides are applied.

Contractor is responsible for acquiring and providing to the City of Fremont a recommendation from a State of California licensed Pest Control Advisor (PCA) and Material Safety Data Sheet (MSDS) sheets for all pesticide or chemical products used in or on City of Fremont property.

B. Containers - Pesticides must be brought to the work site in original manufacturer’s container and properly labeled with guaranteed analysis. All spraying shall be done with extreme care to avoid hazard to any persons or pets in the immediate area or adjacent area, or any property damage. All chemical applications will be applied or supervised by a State of California licensed Qualified Applicator. Contractor shall properly dispose of empty containers off site.

C. Products and Application - Weeds may be controlled by the use of approved products. Material, timing, rate of application shall be applied or supervised by a State of California licensed Qualified Applicator. If products, timing, rate of materials applied or other measures exercised by the Contractor are not effective in eliminating weeds or other target pests, it will be the responsibility of the Contractor to take appropriate measures that will achieve expected results.

D. Notification of Application - Contractor shall notify the City of Fremont for applicable chemical tasks as part of the monthly schedule submittal.

E. Reports – Monthly pesticide use reports shall be submitted, either electronically or by physical copies, by the Contractor indicating each site that was treated the previous month listing all pesticides used. Contractor shall provide the City of Fremont, by the 10th of each month, the Monthly Summary Pesticide Use Report detailing the date, site, chemical applied, ounces applied as required by law. For example, the May report is due on or before June 10th. The submittal of this item is a condition of payment for each month’s invoice and should be submitted with the invoice.

1.17 PLANT LOSS

A. It is a primary responsibility of Contractor to prevent plant loss. Plant loss can be caused by pests, diseases, insects, soil conditions, nutrient, climatic conditions, improper planting, irrigation problems, over/under watering, or age.

B. Contractor will not be responsible for pre-existing conditions of the plants.

However, it will be the Contractors responsibility to identify and prepare a quarterly written report, to the mutual satisfaction of the City and Contractor, of any plants that are in poor condition within three (3) months of the Contract start.

C. Contractor agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and corrective action.

D. Contractor agrees to replace, at the Contractor’s cost, any dead, stunted, or damaged plantings that are the result primarily of the Contractor’s performance or non-performance including, but not limited to, irrigation malfunctions that are not addressed in a reasonable amount of time based on environmental conditions. Plants lost shall be replaced, at the Contractor’s expense, within thirty (30) days of discovery. Replacement plants shall be approved by the City and be comparable in size to the lost plant. If smaller, the size shall be approved by the City.

E. Contractor shall not be held responsible for plant losses due to circumstances beyond the Contractor’s control. This includes, but is not limited to, disease or insect attack that should have been caught by the Contractor, acts of vandalism, fires, storms, freezing or frost damage and related events. Contractor shall report such incidents to the City in writing within one (1) week of occurrence and submit a proposal for the work or repairs within two (2) weeks.

F. The City shall approve all replacement plants that differ in species. Dead plants and those in decline shall be brought to the City’s attention before they are removed. Failure to do so, may result in the replacement being done at Contractors’ expense.

G. All new plant material shall be guaranteed for a period of ninety (90) days due to poor health, planting practices and/or poor workmanship. Exceptions include damage or death of plant material in the ninety (90) day period from wind or storm, vandalism, theft, or other willful acts over which the Contractor has no control.

1.18 PEST AND DISEASE CONTROL

A. The Contractor shall provide integrated pest management (IPM) for all pest and disease controls required, including rodent control. This shall include herbicides, fungicides, plant growth regulators, insecticides, as well as fertilization schedules.

B. Contractor shall apply the principles of Bay Friendly Landscaping and IPM as part of a broader Integrated Pest Management strategy that gives an emphasis to cultural practices as a means to pest and disease control. Prior to any chemical application by Contractor, the Contractor must submit to the City a completed form detailing the chemicals to be used, the means of application (high pressure spray rig, back pack sprayer, etc.), quantities, area to be treated, and desired time of application. The City will respond to this submittal, if approved, with instructions as to the timing, and precautions for the requested application. Contractor must provide Material Safety Data sheets (MSDS) for all chemicals proposed to be used, and must receive approval prior to their use. MSDS sheets plus data are to be updated annually. During the use or application of any chemical, special care must be exercised during such use in the vicinity of homes, private property, etc., during windy conditions. In some cases, it may be necessary to apply chemicals during off hours or weekends. Particular care should be exercised to avoid applications at time or under conditions that would impact or alarm homeowners. Pesticide Advisor's recommendation must be available on site during application of pesticides.

C. The Contractor is responsible for identification of all plant problems, for selection of method of treatment, and for application of control measures.

Consult agricultural extension agents,…