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HomeMy WebLinkAboutReso 79-2018 (18-424)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 79 -2018 File Number: 18 -424 Enactment Number: RES 79 -2018 RESOLUTION AWARDING A LANDSCAPE MAINTENANCE SERVICES AGREEMENT TO BRIGHTVIEW LANDSCAPE SERVICES, INC. OF MENLO PARK, CALIFORNIA FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $1,166,292 AND AMENDING THE PARKS AND RECREATION DEPARTMENT'S FISCAL YEAR 2018 -19 AND 2019 -20 OPERATING BUDGETS PURSUANT TO BUDGET AMENDMENT #18.029. WHEREAS, the City of South San Francisco ( "City ") issued a Request for Proposals for Landscape Maintenance Services on February 12, 2018 and received three (3) bids in response; and WHEREAS, after reviewing and scoring the proposals, Brightview Landscape Services, Inc. of Menlo Park, California, was selected based on their average overall proposal score, which included evaluation of project costs, project understanding, project completion schedule, qualifications, expertise and experience; and WHEREAS, staff recommends awarding a landscape services agreement to Brightview Landscape Services, Inc. of Menlo Park, California for the Landscape Maintenance Services Project in a total amount not to exceed $1,166,292 for a twenty -four (24) month term; and WHEREAS, additional funding in an amount of $65,946 is requested from the Common Greens funds to elevate the current level of service without any further financial impact to the City's General Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby awards a landscape services agreement to Brightview Landscape Services, Inc. of Menlo Park, California, for the Landscape Maintenance Services Project, in a total amount not to exceed $1,166,292.00 for a twenty -four (24) month term, conditioned on Brightview Landscape Services, Inc. timely execution of the Project contract and submission of all required documents, including but not limited to, certificates of insurance and endorsements, in accordance with the Project documents and amends the Parks and Recreation Department's Fiscal Year 2018 -19 and 2019 -20 Operating Budgets pursuant to budget amendment #18.029. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the landscape services agreement and any other necessary documents on behalf of the City, subject to approval as to City of South San Francisco Page 1 File Number. 18 -424 form by the City Attorney. Enactment Number. RES 79 -2018 At a meeting of the City Council on 5/23/2018, a motion was made by Karyl Matsumoto, seconded by Richard Garbarino, that this Resolution be adopted. The motion passed. Yes: 4 Mayor Pro Tern Matsumoto, Councilmember Garbarino, Councilmember Gupta, and Councilmember Addiego Absi City of South San Francisco Page 2 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 1 of 16 LANDSCAPE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND BrightView Landscape Services, Inc. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and BrightView Landscape Services, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2018 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2020 the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 9. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 9. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Subject to the requirements of Section 9.4, Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,166,292 notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Exhibit A Exhibit A - Page 1 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 2 of 16 City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); The beginning and ending dates of the billing period; A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; The amount and purpose of actual expenditures for which reimbursement is sought; The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. Exhibit A Exhibit A - Page 2 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 3 of 16 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown in Exhibit A. 2.6 Reimbursable Expenses. Expenses not listed are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non-California subcontractors as required by law. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve Exhibit A Exhibit A - Page 3 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 4 of 16 incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. CONTRACT SECURITY. Concurrently with the execution of this Agreement, Consultant shall furnish a surety bond in an amount equal to at least 100% of the contract price set forth in Section 2 as security for the faithful performance of this contract. Sureties on said bond and the form thereof shall be issued by a California-admitted surety, satisfactory to the City and approved by the Contract Administrator identified in Section 11.9. Section 5 INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 5.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 5.2 Commercial General and Automobile Liability Insurance. 5.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least Exhibit A Exhibit A - Page 4 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 5 of 16 twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 5.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 5.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 5.3 Professional Liability Insurance. 5.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 5.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of Exhibit A Exhibit A - Page 5 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 6 of 16 this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 5.4 All Policies Requirements. 5.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 5.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 5.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 5.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. Exhibit A Exhibit A - Page 6 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 7 of 16 A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 5.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 5.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 5.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 5.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which Exhibit A Exhibit A - Page 7 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 8 of 16 are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 6. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 7. STATUS OF CONSULTANT. 7.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; Exhibit A Exhibit A - Page 8 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 9 of 16 however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 7.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 8. LEGAL REQUIREMENTS. 8.1 Governing Law. The laws of the State of California shall govern this Agreement. 8.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 8.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 8.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 8.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Exhibit A Exhibit A - Page 9 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 10 of 16 Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 8.6 Prevailing Wage. Where applicable, the wages to be paid for a day’s work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement. Shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 and 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. (A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (B) Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and made available upon request as required by Labor Code Section 1776. (C) Subcontracting – Consultant shall be responsible for his own and subcontractors’ compliance with Section 1777.5 of the Labor Code regarding apprentic-eable occupations. Consultants willful failure to comply with this section shall be denied the right to bid on a public works contract for a period of six (6) months from the date the determination is made. Exhibit A Exhibit A - Page 10 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 11 of 16 Section 9. TERMINATION AND MODIFICATION. 9.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 10.1. 9.2 Extension. If agreed to by all parties the City may extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 9.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 9.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Not less than fifty percent (50%) of the contract work shall be done by the prime contractor. Further, the Contractor shall not, without the consent of the City of South San Francisco, either: (a) Substitute any person or subcontractors in place of the subcontractors designated on the original proposal; or (b) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. Exhibit A Exhibit A - Page 11 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 12 of 16 Should the Consultant violate any of the provisions of this Agreement or the Identification of Subcontractors Form contained in the proposal, it shall be deemed a violation of this Agreement, and the City of South San Francisco may cancel the Agreement. 9.5 Temporary Suspension of Work. The Parks Manager shall have the authority to suspend the work wholly or in part for such period as deemed necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he/she may deem necessary, due to the failure on the part of the contractor to carry out orders given, or to perform any of the provisions of the work. The contractor shall immediately obey such orders of the Parks Manager and shall not restart the work until ordered in writing by the Parks Manager. 9.6 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 9.7 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 9.7.1 Immediately terminate the Agreement; 9.7.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 9.7.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 9.7.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 10. KEEPING AND STATUS OF RECORDS. 10.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. Exhibit A Exhibit A - Page 12 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 13 of 16 10.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 10.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 11 MISCELLANEOUS PROVISIONS. 11.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief Exhibit A Exhibit A - Page 13 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 14 of 16 to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 11.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 11.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 11.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Exhibit A Exhibit A - Page 14 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 15 of 16 11.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 11.9 Contract Administration. This Agreement shall be administered by Greg Mediati, Parks Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 11.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant: Fred Freund, VP of Finance BrightView Landscape Services, Inc. 4055 Bohannon Drive Menlo Park, CA 94025 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 With a copy to: Greg Mediati Parks Manager City of South San Francisco, P.O. Box 711, South San Francisco California 94083 11.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Exhibit A Exhibit A - Page 15 Landscape Maintenance Services Agreement between May 23, 2018 City of South San Francisco and BrightView Landscape Services, Inc. Page 16 of 16 Seal and Signature of Registered Professional with report/design responsibility. 11.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 11.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO BrightView Landscape Services, Inc. ____________________________ _____________________________________ Mike Futrell, City Manager Fred Freund VP of Finance Attest: _____________________________ Krista Martinelli, City Clerk Approved as to Form: ____________________________ City Attorney Exhibit A Exhibit A - Page 16 Consulting Services Agreement between May 23, 2018 City of South San Francisco and Brightview Landscape Services - Exhibit A Page 1 of 1 EXHIBIT A SCOPE OF SERVICES Exhibit A Exhibit A - Page 17 Consulting Services Agreement between May 23, 2018 City of South San Francisco and Brightview Landscape Services -Exhibit B Page 1 of 1 EXHIBIT B INSURANCE CERTIFICATES Exhibit A Exhibit A - Page 18 SP-1 Exhibit A STANDARD OF SERVICES CONTENTS Landscape Maintenance Landscape Maintenance Services for Streets, Parkways, Landscape Maintenance Services for Streets, Parkways, and Common Greens with the City of South San Francisco under terms and conditions of the RFQ for Landscape Maintenance Services, dated February 12, 2018. In the event of a conflict in or inconsistency between the terms of this Attachment and the Service Areas and Litter Pickup Frequencies (Attachment A), the Standard of Services shall prevail. Table of Contents 1. Location 2. Scope of Work 3. Proposals and Pre-Bid Conference 4. Safety Program 5. Traffic Control 6. Quality of Work 7. Scope of Responsibility a. Plants b. Emergency Number c. Clean-up d. Vehicles e. Cost Disclosure for Extra Work 8. Irrigation Systems a. General b. Water Requirements c. Environmental and Land Use Stewardship Responsibilities 9. Nutrient Care Standards a. Soil Analyses b. Turf & Groundcovers c. Trees and Shrubs 10. Turf Care Standards a. Aeration b. Mowing c. Edging d. Blowing, Vacuuming or Sweeping e. Raking f. Tree Wells g. Vertical Mowing h. Pest and Disease Control Exhibit A Exhibit A - Page 19 SP-2 11. Shrubs and Ground Cover Standards a. Shrubs b. Ground Covers 12. Integrated Pest Management Program 13. Prosecution and Progress 14. Damage or Loss of Contractor’s Supplies of Employer’s Property 15. Property Damage 16. Definition of Terms a. City b. Director c. Inspector d. Parks Manager e. Bidder f. Contract g. Contractor 17. Control of Work a. Authority of the Director b. Coordination of Plans, Specifications & Standard of Services c. Superintendence d. Inspection e. Removal of Defective and Unauthorized Work f. Emergency Repair Work 18. Legal Relations and Responsibility a. Laws to be Observed b. Trench Safety c. Hours of Labor d. Review of Per Diem Rates e. Prevailing Wage f. Travel and Subsistence Payments g. Registration of Contractors h. Permits and Licenses i. Patents j. Utilities k. Contractors Cooperation and Coordination l. Public Convenience m. Public Safety n. Preservation of Property o. Responsibility for Damage p. Contractor’s Responsibility for Work q. Portion of the Work Which May Be Placed in Service r. No Personal Liability 19. Extra Work and Altered Quantities a. Extra Work b. Force Account Work c. Alterations Exhibit A Exhibit A - Page 20 SP-3 20. Fair Employment Provisions 21. Employment of Apprentices 22. Inspections and Defaults a. Inspection 23. Replacement and Extra Work a. Replacement Cost to be Assumed by the Contractor 24. Miscellaneous Items a. Concrete-Line Ditches b. Fences c. Gutters d. Painting e. Decomposed Granite Pathways f. Hardscape g. Tot lots 25. Standards for Completed Weed Abatement Work a. Abatement Quality b. Complete Abatement c. Litter Removal d. Hand-cleaning of Lots e. Mowing 26. Schedule of Landscaping Maintenance Services a. July b. August c. September d. October e. November f. December g. January h. February i. March j. April k. May l. June Exhibit A Exhibit A - Page 21 SP-4 CITY OF SOUTH SAN FRANCISCO LANDSCAPE MAINTENANCE SERVICES AGREEMENT FOR STREETS, PARKWAYS, AND COMMON GREENS 1. Location The locations of all the street and parkway median landscapes and all Common Greens landscapes to be maintained are listed in Attachment A, Service Areas and Litter Pickup Frequencies, on pp. 10-12 of the RFP. 2. Scope of Work (A) The work to be done includes furnishing all labor, material and tools necessary to maintain all ornamental planting, including, but not limited to lawns, groundcovers and shrubs (trees are excluded); safety zones, drainage facilities, weed control on median hardscapes, poles, posts, wire, irrigation sprinkler heads, lateral lines up to the valves (not including valves or water mains downstream of the water meter), clocks, public walkways, dog park, all of now existing in said landscape facilities, including the cost of necessary repairs, replacements, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, in accordance with the standard specifications of the State of California, City of South San Francisco, and these specifications. (B) The work does not include repairs and maintenance of lighting systems, gates, benches, railings, homeowner fences, walls, sidewalks and curb and gutter (except weed control). 3. Proposals and Pre-Proposal Conference The mandatory Pre-Proposal Conference will be held in the conference room at the Corporation Yard, 550 North Canal Street, on Monday, July 28, 2014 at 1:00 p.m.February 26, 2018 at 1:00 p.m. 4. Safety Program (A) The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety and to all requirements as set forth in the State of California Construction Safety Orders (Cal/OSHA), and in particular, Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings. (B) Full compensation for complying with the safety requirements of this Section is considered to be included in the prices paid for the various contract items of work and no separate payment shall be made therefore. 5. Traffic Control The Contractor shall furnish, install and maintain all signs, barricades, traffic cones and other warning devices for the purpose of traffic control. Such devices Exhibit A Exhibit A - Page 22 SP-5 and their installation shall conform to Caltrans’ “Manual of Traffic Controls, Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways.” 6. Quality of Work The Contractor shall insure that all work provided for in these Specifications and the Agreement entered into between the City and the Contractor is performed by fully qualified and experienced sub-contractors or personnel directly employed by the Contractor. The Contractor shall insure that the Contractor’s and sub- contractor’s employees shall be personally presentable and act with courtesy and good manners at all times. The Contractor shall be responsible for the skills, methods, appearance, and actions of Contractor’s and sub-contractor’s employees and for all work done. Contractor’s employees performing work under this Contract shall be clearly identified as employees of the Contractor by uniform. The Contractor shall instruct all the Contractor’s and sub-contractor’s employees that they are not required to respond to directions from City personnel other than the Parks Manager or his/her designated representative. The Contractor shall perform all work provided for in these Specifications and the Agreement entered into between the City and the Contractor under the direction and to the satisfaction of the Parks Manager, who may make inspections at any time and request that the Contractor perform additional work or services without cost to the City to bring Contractor’s performance to the level required by the specifications in the Agreement entered into between the City and the Contractor. Reinspection fees of $100 may be imposed at the discretion of the City. 7. Scope of Responsibility (A) Plants – Any or plants that die or that are damaged due to Contractor’s negligence shall be replaced at the Contractor’s expense, equal in plant size and conforming to the City Specifications and these Specifications. Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the Contractor. (B) Emergency Number – The Contractor shall be readily available by cell phone during work hours. This shall not be an answering machine. In addition, the Contractor shall provide the City with an emergency callout listing where he/she may be contacted after normal working hours, on weekends and holidays. Emergency calls shall be not be considered as extra work unless damage was caused by vandalism. (C) Cleanup – It shall be the Contractor’s responsibility to maintain the entire landscape maintenance area in a condition that is acceptable to the City. Cleanup shall be performed by the Contractor and shall include the Exhibit A Exhibit A - Page 23 SP-6 removal of all trash, leaves, branches, excess soil, empty plant containers, grass cuttings, weeds, or any other debris that may accumulate at the site as a result of duties, natural causes, or minor incidental vandalism within the landscape facilities. Debris deposited in the landscape area by homeowners shall be the contractor’s responsibility and is not considered an extra. (D) Vehicles – All vehicles used by the Contractor and his/her employees must clearly display the firm’s name and/or logo. Any vehicles used for pesticide application must clearly display placards listing the pesticide being applied and the pesticide number. Placards must be visible to pedestrians and vehicles passing the area of application. (E) Cost Disclosure for Extra Work – It shall be this Contractor’s responsibility to furnish a completed pricing package. The Contractor will receive the package after Bid Award. The Contractor will return the completed package in three (3) weeks after receipt. The Contractor shall provide his foremen with copies of City Specifications and these Specifications. Foremen and workers are expected to have sufficient knowledge of both of these Specifications so that they can perform work in a correct expeditious manner. 8. Irrigation Systems (A) General – The street and parkway areas have a variety of overhead, drip, manual and bubbler watering systems. It is the City’s objective to actively pursue water conservation within the City’s Maintenance Program. The Contractor can expect the administration of the irrigation specification to be closely monitored. (B) Water Requirements – The Contractor shall have full responsibility to insure watering requirements are met within each landscape facility. Before beginning the maintenance program, the Contractor shall inspect all systems and report damage or incorrect operation to the City inspector. Damage (other than heads and risers) not resulting from the contractor’s negligence shall be reported promptly to the owner’s representative together with an estimate of costs for correction of the condition. City may, at its option, either authorize the contractor to make repairs at the agreed upon cost or make the repairs itself. Contractor’s forces shall be capable of performing repairs, installations and modifications of existing irrigation systems to adequately irrigate all types of landscaped areas. Any repairs, installations and/or modifications done to the irrigation system will be tested upon completion to insure proper irrigation operations. The Contractor shall insure that: Exhibit A Exhibit A - Page 24 SP-7 (1) Sprinkler heads are in good operational order, filters are cleaned regularly, and nozzles are replaced when worn or inadequate coverage occurs. Any minor changes such as riser extensions (vertically or horizontally) sprinkler head components, and filter replacements will be considered as included in the contract price and no additional compensation shall be allowed therefore. Any replacements shall match existing equipment in GPM precipitation rate, pattern, and mechanical action. (2) All electrically operated valves shall close consistently at the conclusion of the Station Watering Program. As part of the base bid valves shall be cleaned and diaphragms replaced promptly to restore proper operation. Other repairs are extra work unless damage was caused by Contractor’s negligence. As part of the base bid valve boxes shall be kept clean of rocks, soil, debris, and silt to a depth of 2” below the bottom of the bonnet of the valve. Where they are missing, pea gravel and a ball or gate valve shall be installed as part of any extra work repair that may necessitate removal of the valve body. All valve boxes shall have bolts installed to protect against vandalism. (3) Main irrigation lines do not demonstrate leakage when all control valves are in the closed position. Main line repairs shall be performed by the City. (4) Automatic controllers and electrical conductors are kept operational year round with maintenance and repairs made by the City. (5) Any vandalism which occurs to the irrigation system shall immediately be reported to the Parks Manager to obtain approval to proceed with repairs. If approved by the Parks Manager, these repairs constitute extra work, which shall be completed within 7 working days. Failure to make repair within 7 workings days shall be reported to the Parks Manager and unusual problems reviewed at that time. Failure to report will convert the damaged irrigation to the fault of the Contractor. (6) Seasonal programming of controllers shall be performed by the City according to the watering rates and the clock settings for irrigation scheduling approved by the Parks Manager for each street and parkway landscape facility. All controller stations shall be labeled by pencil in a legible manner inside each controller box. Labeling shall provide type of head employed, type of area covered, and location(s) by degrees of the compass. Exhibit A Exhibit A - Page 25 SP-8 (7) In January the Contractor shall remove the last two sprinkler heads and flush out the system. The cleaning or replacement of all filters within the irrigation system is routine maintenance and will not be considered extra work. (8) Time and length of watering shall be adjusted by the City to the prevailing weather as well as to the time of day that has the least amount of wind. The City prefers watering time to be from nine in the evening to six in the morning. (9) All sprinklers should be adjusted properly to avoid spraying on parked cars, streets, walkways, buildings, signs, and other property that may be damaged by water. (10) Manual watering shall be on the same day each week as agreed upon between the Parks Manager and the Contractor. (11) Plant material exhibiting signs of wilting due to lack of water shall warrant withholding of the monthly payment. Plant material which dies as a result of insufficient watering will be replaced by the Contractor at their expense (see replacement plant section). (12) Any pressure regulators, if present, shall be adjusted by the Contractor to ensure optimum water delivery to the type of system s serviced. (C) Environmental and Land use Stewardship Responsibilities General. The intent of these specifications is to contract for professional services that will assist in the stewardship of the street and parkway landscape facilities. It shall be the responsibility of the Contractor to report any resource deficiencies on common area facilities lands to the Parks Manager. (1) The seasonal water rate varies annually and it may be necessary for the City or the Contractor to make recommendations to modify and reschedule the seasonal watering program. “Schedule Changes” in the water cycle are included with the bid price. (2) Street and parkway facilities adjacent to on-going construction activity of future developments may receive damage to the landscape and irrigation system. The Contractor shall report the damage to the Parks Manager and may be directed by the Parks Manager to repair the same within seven (7) working days. This shall be considered extra work. Exhibit A Exhibit A - Page 26 SP-9 (3) Any accelerated erosion on landscape facilities lands, including open space parcels, shall be immediately reported to the Parks Manager. Erosion fissures through the turf and/or groundcover areas caused by washouts from lateral line/head failure shall be repaired immediately at no extra cost to the City. Fissures caused by mainline failure shall be repaired by the City. 9. Nutrient Care Standards General. All of the grounds within the landscape facilities require the addition of complete acidic nutrients to promote good growth. Fertilizers containing nitrogen, phosphate and potash are usually sufficient. No nutrients should be allowed to spill onto walks or into drains. Nutrient spills must be cleaned up immediately. Fill sites should be tarped prior to filling of spreader equipment. The following specifications have been prepared to identify what type of nutrient treatment will occur. (A) Soil Analyses – The City requires that soils analyses (landscape or agricultural suitability tests) be performed annually in order to evaluate the soil conditions in each common green facility. There shall be a minimum of 1 and a maximum of 2 tests conducted in each facility. Samples shall be taken from specific locations determined by the Parks Manager. Tests should be conducted by October 15 so that the results are available by the end of the month. An original copy of the test results shall be forwarded to the Parks Manager. If deficiencies are discovered, the Contractor shall meet with the Parks Manager to discuss the necessary corrective actions to be taken. (B) Turf and Groundcovers – Three Applications Per Year (1) February. Application of a complete acidic fertilizer, with controlled release nitrogen (3 month) with conditioner and organic materials involved in the guaranteed analysis, minimum allowable application rate of 1 pound of Nitrogen per 1000 square feet. The soil analysis from each common green area shall dictate which complete fertilizer formulation should be used. (2) May. Application of controlled release nitrogen, 8-9 month release, 39% guaranteed urea nitrogen, nitrogen in resin/sulfur coated pills shall be derived from urea minimum application rate of 1 pound of Nitrogen per 1000 sq. ft. (3) September. A third application of controlled release nitrogen (3 month) will be required by the Parks Manager. The guaranteed analysis shall have an N-P-K ratio of 2-1-1. (C) Trees and Shrubs – One application per year (not necessary for trees and shrubs inside ground cover area) Exhibit A Exhibit A - Page 27 SP-10 (1) May. Planting tablets of a slow release formulation, 12 month release (i.e., Agriform, parEx or approved equal) shall be applied around plant drip line (each plant shall receive 4-6 tablets). After fertilizer is applied, the ground should be watered thoroughly to soak the fertilizer in the ground. (Caution: The Contractor shall prevent over-watering resulting in hillside slumps or water runoff to adjacent properties) or water courses. For trees and shrubs, fertilizer should be applied as close as possible to the feeder roots, but away from the trunk to avoid injury to the plant. Plant material which demonstrates leaf burning or other forms of chemical harm will be given 120 days from notice of damage to recover and demonstrate healthy foliage condition. After 120 days of the recovery period, the Contractor shall replace any damaged plants at his expense. For certain areas of the street and parkway landscape facilities the Parks Manager may require a substitute fertilizer containing a low adjusted salt index as well as micro nutrient supplements. The Contractor shall supply the Parks Manager with the manufacturer’s analysis from the fertilizer container for each formulation of fertilizer used. Seldom will nitrogen formulated from an ammonium be approved in a fertilizer mix. Tags from fertilizer container showing manufacturer and quantity applied shall be turned over to the Parks Manager at the time of the monthly statement. 10. Turf Care Standards General. Turf, as an important aesthetic component of ornamental landscapes, requires a regular schedule of intensive care. A consistent green appearance and healthy growing conditions predominantly free of weeds must be maintained. Routine maintenance and service shall include, as a minimum: (A) Aeration (1) Performed twice a year in the months of February and September. (2) All sprinkler heads, quick couplers, and other hard to see features within the turf shall be flagged or staked prior to aeration. Damage to irrigation systems as a result of contractor negligence shall be repaired at no extra cost to the City. (3) A coring tine shall be used. (4) Multiple passes shall be made with the aerating device to ensure that tine holes are no more than 4-1/2” apart. (5) Tines shall sink at least 3 ½ in. deep. Exhibit A Exhibit A - Page 28 SP-11 (6) 90% of the tine cores shall be raked or otherwise removed the same day as aeration. (7) It is mandatory that fertilization is scheduled after aeration, usually within 1 to 2 weeks. (B) Mowing (1) Mowing shall be done weekly during the active growing season, and as needed at other seasons. (2) Only sharp, well balanced blades shall be used. (3) Grass height shall remain a consistent looking range between 3 and 2 inches. Bruising or rough cutting of grass will not be permitted. Mowers shall be adjusted and operated so that the grass is cut at a uniform height. “Scalping” of high places will not be permitted. (4) Tufts of grass in corners or other areas that are hard to reach with a mowing machine shall be mowed using a string line trimmer or clipped by hand. (5) Clippings shall not be caught and removed from lawn unless they are too unsightly for the particular location, or are lying in swaths which might damage the lawn. Wind rowing (if used) shall be done safely. (6) Mow edges of turf with wheels of machine up on pavement, not against the edge of the pavement. (7) Inspect turf for rocks and debris before mowing. (C) Edging (1) All edges shall be trimmed twice monthly to maintain a neat appearance. This trimming shall include cutting all grass along walls, fences, foundations, curbs, sidewalks, shrubs, tree trunks, poles, guy wires, or any other object within or immediately adjacent to the lawn areas. This includes grass growing under wooden steps and benches in some areas. (2) The trimming shall be done by power edgers or by hand. Approved weed killers may be permitted for use in trimming or edging around tree trunks upon written approval. String trimmers are not to be used around shrubs, trees, and any wooden hardscape features. (3) Trim around sprinkler heads as necessary to provide maximum water coverage. Exhibit A Exhibit A - Page 29 SP-12 (4) Care shall be taken to avoid damage to tree trunks, shrubs, sprinklers, or other structures. Damage shall be reported to the owner’s representative and repairs promptly made by the contractor. (5) After trimming, all trimmings and debris shall be raked off lawns, swept off sidewalks and paved areas and disposed of. Debris shall not be raked or blown up against homeowner’s fences or under their gates. (6) Edges of turf against all paved areas, around valve boxes, and other utilities shall be kept neatly edged. (7) Special consideration shall be given to the safety of pedestrians in the area while edging. (8) Edging against fences and walls shall be sprayed neatly as a 12 inch band. (D) Blowing, Vacuuming, or Sweeping (1) All hardscape surfaces shall be blown free of clippings after every mowing and edging. Clippings, soil, and other debris shall be removed from site. (2) All hardscape surfaces shall be blown free of leaf litter and other debris on an as-needed basis (most often in fall months), and collected for removal from site. Again, debris shall not be raked or blown up against homeowner’s fences. (3) Vacuuming or sweeping the debris is recommended over blowing. (E) Raking (1) To be performed on an as-needed basis to remove leaf litter from the turf (most often in the fall months) (2) Vacuuming or blowing may be employed instead of raking. Wind rowing (if used) shall be done safely. (F) Tree Wells (1) Tree wells in turf shall be maintained free of turf and weeds at all times. (2) A wide round well shall be maintained preferably at or just beyond dripline to encompass all tree stakes and guys as well as the tree trunk. (G) Vertical Mowing – Turf areas that have an excessive build-up of thatch will need to be vertically mowed once (1) a year, during the month of June. Thatch debris must be raked out by hand and exported from the site. Exhibit A Exhibit A - Page 30 SP-13 (H) Pest and Disease Control (1) Lawns shall be free of weeds (annual and perennial) so as to present an attractive appearance to the public. At a minimum the turf should be sprayed in September and April to control broad leaf weeds. A post- emergent and pre-emergent yearly weed control program for all turf areas shall be submitted to the Director and/or Parks Manager within 30 days of the award of the contract; and every year thereafter on June 1st. (2) When selective herbicides are used the label shall prevail in determining chemical rates and application methods to be used. At no time shall any chemical be applied when winds are in excess of 5 mph. (3) Failed spray applications must be followed by re-applications as directed by the Parks Manager and/or inspector. If weed growth remains after repeated applications then hand removal of the weeds (including removal of root) will be required. (4) Turf diseases and insect infestations must be identified by the contractor; reported to the Parks Manager, and controlled in a timely manner. Reapplications of control methods may be required. Crop loss associated with the Contractor’s negligence in either identifying and/or controlling a disease or pest problem shall be the Contractor’s responsibility to replace or repair. (5) Lawn areas need to be closely monitored for the presence of moles, gophers, and/or ground squirrels. Treatment shall be weekly until the problem is abated. It is imperative that methods used to eradicate any rodent problem be recommended by a pest control advisor, certified in license category D pursuant to Division 6 Chapter 6 of the Food and Agricultural Code, and approved by the County Agricultural Commissioner. A qualified applicator, certified in the use and transport of restricted chemicals, is required for all rodent pest control applications. 11. Shrubs and Ground Cover Standards General. Shrub and ground cover areas shall be maintained so as to present a well-shaped, neat appearance to the public. Pruning frequency shall be performed on an as needed basis to control height and spread; to prune out dead and/or diseased foliage and branches; and to prevent line of sight obstructions to the travelling public. Pruning tools should be sharp and clean. The contractor shall ensure that appropriate tools are used for the various tasks. Listed are additional maintenance tasks, which the contractor shall be required to perform and should be included in the base bid. Refer to the monthly schedule in section __ for general timing of performance. (A) Shrubs (1) Maintain a 24” wide space, unobstructed by vegetation, between existing shrubs and fences. Hold all shrubbery back from this Exhibit A Exhibit A - Page 31 SP-14 line by pruning. Use University of California and I.S.A. (International Society of Agriculture) standards for proper pruning cuts. (2) All pruning and trimming cuts must be made clean and at or just behind last shoulder rings. Any ragged shearing which results in any broken, stripped, pointed stubs or ragged bark edges is not acceptable and must be reworked. This type of pruning will result in a withheld payment until the work has been properly performed and the shrubs recovered. (3) Prune out any growth of suckering or water sprouting which abnormally protrudes from the shrub base or foliar canopy. (4) Trim foliage and branching along sidewalks, streets, retaining walls and houses to maintain a one-foot clearance. (5) Remove all trimmings from the job site the same day. (6) Growth regulators may be used only if approved by the Parks Manager or his/her agent. Damage to shrubs caused by chemical misapplication may serve as a justification for replacement if the plant suffers from a 50% loss of foliage, (7) At no time shall shrubs be pruned or sheared back to hard wood, where the foliage is completely removed on one or all sides, leaving an unsightly thicket of bare branches. Shrubs pruned in this manner will be subject to replacement at the contractor’s expense. Therefore, it is recommended that the frequency of pruning cycles to control height and spread be adjusted to accommodate seasonal growth habits. (8) Remove all spent flower spikes on perennial shrubs such as agapanthus, echium, hemerocallis, acanthus, etc. (9) Shrub diseases and insect infestations must be identified by the contractor; reported to the Parks Manager, and controlled in a timely manner. Reapplications of control methods may be required. Losses associated with the contractor’s negligence in either identifying or controlling a disease or pest shall be the contractor’s responsibility to replace or repair. B. Ground Covers (1) Shall be neatly trimmed to maintain a one foot clearance from all walls, fences, turf, walkways, curbs, and shrub trunk/crowns. Removal of ground covers from the shrub base must be performed by hand using hand held equipment. No damage to the trunk or branch tissue (cambium) of the shrubs will be allowed. Exhibit A Exhibit A - Page 32 SP-15 (2) Weeds (grass and broadleaf) growing in the ground cover areas may be sprayed with selective herbicides; however, the dead vegetation must be removed by hand. Weed removal by string trimmer is not allowed. (3) Hypericum ground cover shall be mowed to ground level once a year, during the month of February. The bed areas should be raked clean and the debris exported. (4) Debris (trash, bottles, etc.) removal from the ground cover areas must be performed as designated for each area’s minimum frequency for litter removal. It is the contractor’s responsibility to review the sites and allocate sufficient manpower to accomplish this task. (5) Ground cover diseases and insect infestations must be identified by the contractor; reported to the Parks Manager, and controlled in a timely manner. Reapplications of control methods may be required. Losses associated with the contractor’s negligence in either identifying and/ or controlling a disease or pest shall be the contractor’s responsibility to replace or repair. 12. Integrated Pest Management Program The Contractor shall act as or coordinate with a licensed specialist to identify any Pest management problems that may arise in the street and parkway landscapes. The Contractor shall be familiar with various integrated pest management (IPM) programs. The Contractor is required to develop and adopt an IPM plan that complies with an IPM plan consistent with the IPM-based hierarchical decision making process (established by Provision C.9.d, of Water Board Permit No. R2-2009-0074, Municipal Regional Stormwater NPDES Permit) and the City-approved IPM Policy to effectively eradicate any diseases or pests which develop during the duration of this contract. The development and execution of the IPM program shall be the responsibility of the Contractor and will not be considered extra work. The Parks Manager will request to see any or all labels, licenses, certificates, categories, permits or recommendations before chemicals are applied. An IPM plan developed by the Contractor may have to be approved by the Parks Manager and the County Agricultural Commissioner before implementation. A MSDS must be submitted for each chemical to be used prior to any application program. (A) IPM techniques could include: 1. Biological controls 2. Physical or mechanical controls 3. Cultural controls 4. Reduced risk chemical controls Exhibit A Exhibit A - Page 33 SP-16 (B) Prior to application, the Contractor shall provide a copy of any spray report showing details of areas, times, chemicals, MSDS, and rates of application as provided by a licensed pest control advisor. A copy shall be provided with billing at the end of the month as well. (C) The Contractor shall provide the County Agricultural Commissioner’s office (as required by law) a monthly record of all pesticides used in the street and parkway landscape facilities. A copy of the same report shall be included with the Contractor’s monthly billing to the City. Column “F” of the standard monthly report to the Commissioner shall indicate that a chemical has been used on a South San Francisco facility. Indicate also the types of weeds treated using common names. 13. Prosecution and Progress Progress of the Work and Time for Completion – The Contractor shall begin work on October 1, 2014 July 1, 2018. 14. Damage of Loss on Contractor’s Supplies or Employer’s Property The City does not assume liability from fire, theft, accident or any other cause resulting in damage or loss of contractor’s supplies; materials or equipment, or of personal property or belongings of his employees. 15. Property Damage (A) Any private property of City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the owner’s representative, and shall be rectified in an approved manner back to its former conditions, prior to damage, to the contractor’s expense. (B) Any damage or unusual dumping noted, or seen, by the contractor, that has occurred by any means other than during the performance of the contractor’s work, whether by vandalism or any other means, shall be promptly reported to the owner’s representative. Particularly, all hazardous conditions such as holes in sidewalks shall be reported. . 16. Definition of Terms (A) City – The City of South San Francisco, State of California, acting through the City Council, or other duly authorized agents. (B) Director – The duly appointed Director of Parks and Recreation of the City of South San Francisco, acting directly or through properly authorized agents limited by the particular duties entrusted to them. (C) Inspector – The Parks Manager or his/her appointed representative, of the City of South San Francisco, limited by the particular duties entrusted to him or them. Exhibit A Exhibit A - Page 34 SP-17 (D) Parks Manager – The Parks Manager or his/her appointed representative, of the City of South San Francisco, acting directly or through properly authorized agents. (E) Bidder – Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through properly authorized agents. (F) Contract – The written agreement covering the performance of the work. The contract includes Statement of Qualifications, the notice to bidders, the proposal, general and special provisions, contract bonds, and all supplemental agreements affecting the work. (G) Contractor – The person or persons, firm, co-partnership, or corporation who have entered into the contract with the City, or his, their or its duly authorized representative. 17. Control of Work (A) Authority of the Director – The Director shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. Her decision shall be final and she shall have authority to enforce and make effective such decision and orders as the Contractor fails to carry out promptly. (B) Coordination of Plans, Specifications, and Standard of Services – These specifications, standards of service, plans and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe and to provide for a complete work. (C) Superintendence – Whenever the Contractor is not present on any part of the work where it may be desired to give direction, orders will be given by the Director, which shall be received and obeyed by the Parks Manager or foremen in charge of the particular work in reference to which the orders are given. (D) Inspection – The Director shall at all times have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials used and employed in the work. Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Director so that proper inspection may be provided. Exhibit A Exhibit A - Page 35 SP-18 The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Director and accepted or estimated for payment. (E) Removal of Defective and Unauthorized Work – All work which has been rejected shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed him for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established by the Director, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor’s expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Director made under the provisions of this article, the Director shall have authority to cause defective work to be removed, and to deduct the costs from any monies due or to become due the Contractor. (F) Emergency Repair Work – If an emergency arises by reason of the contractor’s negligence or failure to adequately prosecute the work, and the contractor is unable to respond adequately in the opinion of the Director of Parks and Recreation or designee after being served notice or an attempt has been made to serve notice, the owner may use its own forces to remedy the situation and the contractor shall promptly pay the owner’s demand for compensation therefore. 18. Legal Relations and Responsibility (A) Laws to be Observed – The Contractor shall keep himself fully informed of all existing and future State and National Laws, including all provisions of Section 1776 of the Labor Code, and Municipal Ordinances and Regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees. In addition, the Contractor shall meet all standards of the State and Federal Government for air, water and noise pollution. The Contractor shall inform the City of the location of the records enumerated under Section 1776 (a) of the Labor Code, including the street address, city and county, and shall within five working days, provide a notice of a change of location and address. If there is any conflict between these specifications and provisions and any laws or regulations, the matter shall be brought to the attention of the Director of Parks and Recreation immediately. All necessary permits or approvals from any involved agency shall be obtained by the Contractor before any work is started. Exhibit A Exhibit A - Page 36 SP-19 (B) Trench Safety – The applicable regulations of the State of California, Department of Industrial Safety, will be strictly enforced. Trenches five (5) feet or more in depth shall be shored to prevent cave in. Any shoring which, in the opinion of the Director, is unsafe shall be removed and replaced in a satisfactory condition prior to personnel entering the trench or placing of pipe or other facilities. (C) Hours of Labor – The Contractor shall forfeit, as penalty to the City of South San Francisco, twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or by any subcontractor under him for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and in particular, Section 1810 to Section 1816 thereof, inclusive. (D) Review of Per Diem Rates – Reference is hereby made to the prevailing rate of per diem wages adopted by the City Council of the City of South San Francisco in accordance with Labor Code Section 1770 et seq, copies of which are on file in the office of the City Clerk, City Hall, South San Francisco, California, and available for inspection by interested parties. If a petition is filed in accordance with Labor Code Section 1773.4 calling for a review of the rates as so established, the closing date for the submission of bids or the start of work, whichever is applicable shall be extended as in such section provided, and the determination made by the Director of Industrial Relations of the State of California shall be deemed included in the contract for this work. (E) Prevailing Wage – Where applicable, the wages to be paid for a day’s work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement. Shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. Exhibit A Exhibit A - Page 37 SP-20 Posting of Schedule of Prevailing Wage Rates and Deductions – If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. Payroll Records – Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and made available upon request as required by Labor Code Section 1776. (F) Travel and Subsistence Payments – Travel and subsistence payments shall be made to each workman needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code. (G) Registration of Contractors – Before submitting bids, Contractors shall be licensed in accordance with the provisions of the Stat Contractors’ License Law, Business and Professions Code 7000 et seq. as amended. (H) Permits and Licenses – The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. A City of South San Francisco Contractor’s license will be required before the contract is signed by the City. (I) Patents – The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Director, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, devices, or processes. (J) Utilities – The location in public streets of pipes, conduits and other underground facilities of the public utility companies and of the City may not be indicated on the plans. Bidders are instructed to apply to companies and City departments concerned for any information which may be needed concerning utilities. For all utility location requests contact USA (1-800-642-2444) (K) Contractor Cooperation & Coordination – The Contractor is advised that other construction and maintenance work may be performed by utility companies, the City and /or their Contractors in the project area Exhibit A Exhibit A - Page 38 SP-21 concurrent with work performed under this contract. The Contractor shall be responsible for contacting the various utility companies to ascertain the times when such other work will occur and schedule his work in coordination with others such that no delays shall occur in his work schedule or in others who are working in the area. Failure on the Contractor’s part to coordinate with others in overlapping work areas shall not be the basis for any claims against the City, additional compensation nor extension of time. In addition, the Contractor shall be solely responsible for any claims made against the City by others as a result of the Contractor’s lack of coordination. This shall include businesses and homeowner’s adjacent to the project area. (L) Public Convenience – The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Where work is being done on existing public roads or streets, and no detours are available, all traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Convenience of abutting owners along the road shall be provided for as far as practicable. Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossing or intersecting highways shall be provided and kept in good condition. Water shall be applied as directed by the Director for the prevention of dust nuisance in connection with public convenience. No additional payment will be made for applying water for the prevention of dust. No work shall begin before 8:00 a.m. nor continue after 5:00 p.m. Monday through Friday, nor shall any work be done on weekends or holidays observed by the City of South San Francisco unless approved in advance by the Director. Full compensation for all work involved in providing for public convenience as set forth in this article shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. (M) Public Safety – The Contractor shall furnish, erect, and maintain such fences, barriers, lights, signs and watchmen as are necessary to give adequate warning to the public at all times that the work is under construction and of any dangerous conditions to be encountered as a result thereof. At any and all points along the work where the nature of construction operations in progress and the Contractor’s equipment and machinery in use is of such character as to endanger passing traffic, the Contractor shall provide such lights and signs and station such guards as may appear necessary to prevent accidents and avoid damage or injury to passing traffic. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each day’s work Exhibit A Exhibit A - Page 39 SP-22 and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Full compensation for the work involved in carrying out the precautionary and safety measures above specified shall be considered as included in the prices paid for various contract items of work and no additional allowance will be made therefor. (N) Preservation of Property – Roadside trees and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water lines, all street facilities, and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition as good as when the Contractor entered upon the work, or as good as required by the specifications accompanying the contract, if any such objects are a part of the work being performed under the contract. The fact that any such pipe or other underground facility is not shown upon the plans shall not relieve the Contractor of his responsibility under this article. It shall be the Contractor’s responsibility to ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of his operations, and if it is necessary to lower such underground facility or encase it to protect it from damage, it shall be done at the Contractor’s expense. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in protecting property as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefor. (O) Responsibility for Damage – The City of South Francisco, the City Council, or the Director shall not be answerable or accountable in any manner, for any loss or damage that may happen to work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall indemnify and save harmless the City of South San Francisco, the City Council, the Director and the Director’s Inspector or other authorized agent of the City of South San Francisco from any suits, claims or actions brought by any person or persons for or on account of any injuries or damage sustained or arising in the constructions of the work or in consequence thereof. The City may retain so much of the money due the Contractor as shall be considered necessary, until Exhibit A Exhibit A - Page 40 SP-23 disposition has been made of such suits or claims for damages as aforesaid. In the event securities have been substituted for any monies earned by the Contractor and withheld by the City of South San Francisco to ensure the performance of the contract, the City may condition the release of such securities upon the final disposition of such suits or claims for damages. (P) Contractor’s Responsibility for Work – Except as provided above, until the formal acceptance of the work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages as are directly and proximately caused by acts of the Federal Government or the public enemy. In case of suspension of work from any cause whatever, the Contractor shall be responsible for the work as above specified and he shall also be responsible for all materials delivered to the work including materials for which he has received partial payment. (Q) Portion of the Work Which May be Placed in Service – If desired by the City of South San Francisco, the work, as completed, may be placed in service. The Contractor shall give proper access to the work for this purpose but such use and operations shall not constitute an acceptance of the work, and the Contractor shall remain liable for defects due to faulty construction, material and/or workmanship. (R) No Personal Liability – Neither the Director nor the City Council, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. 19. Extra Work and Altered Quantities (A) Extra Work – New and unforeseen items of work will be classed as extra work when they cannot be covered by any of the various items for which there is a bid price or by combinations of such items. The Contractor shall do such extra work and furnish such materials and equipment therefor, as may be required in writing by the Director, but he shall not do extra work except upon written order from the Director, and in the absence of such written order he shall not be entitled to payment for such extra work. All bills for extra work done shall be filed in writing with the Director. For such extra work the Contractor shall receive compensation at the prices previously agreed upon in writing. Exhibit A Exhibit A - Page 41 SP-24 All extra work shall be adjusted daily upon report sheets furnished to the Director by the Contractor and signed by both parties which daily reports shall thereafter be considered the true record of extra work done. (B) Force Account Work – Where payment is to be made on a force account basis, the Contractor shall receive the actual cost of all material, labor and rented equipment furnished by him as shown by his paid vouchers, plus fifteen percent (15%); provided, however, that the City reserves the right to furnish such materials required as it deems expedient, and the Contractor shall have no claim for profit on the cost of such materials. For use of equipment owned by the Contractor he shall be paid the current prices prevailing in the locality, which shall have been previously determined and agreed upon in writing by the Contractor, plus fifteen percent (15%). When work is performed by force account, in addition to the actual cost of labor, the City will reimburse the Contractor for compensation insurance payments; contributions made to the State as required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended. The payment of fifteen percent (15%) in addition to the actual cost of all material, labor, and rented equipment, as herein provided, shall include full allowance to the Contractor for premiums paid on any other insurance of any nature which the Contractor may be required to carry or which he may elect to carry; and for additional premiums paid on faithful performance and labor and material bonds required by reason of the increased in the amount of work to be performed over and above that called for in the original contract. All force account work shall be adjusted daily upon report sheets, furnished to the Director by the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of force account work done. If force account work is done on the contract the Contractor shall furnish to the Director three (3) copies of a certificate from the insurance company showing the compensation insurance rates to be charged on the various classes of work to assist in verification of the Contractor’s charges for extra work and force account. (C) Alterations – The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Director, also to make such alterations or deviations, additions to, or omissions from the plans and specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Upon written order of the Director, the Contractor shall proceed with the work as increased, decreased or altered. When alterations in plans or quantities of work are ordered and performed the Contractor shall accept payment in full at the contract unit Exhibit A Exhibit A - Page 42 SP-25 price for the actual quantities of work done. No allowance will be made in any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as stipulated in such agreements. 20. Fair Employment Provisions The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry or national origin. The Contractor will take affirmative action to insure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, ancestry or national origin. Such action shall include, but not be limited, to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous place, available to employees and applicants for employment, notices to be provided by the awarding authority seeing forth the provisions of their fair employment practices section. 21. Employment of Apprentices Attention is directed to the provisions in Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.8 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five (1:5) except: (A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate, or (B) When the number of apprentices in training in the area exceeds a ratio of one to five (1:5), or (C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or (D) When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices Exhibit A Exhibit A - Page 43 SP-26 or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and any subcontractor under him shall comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 22. Inspections and Defaults General. The City is soliciting for a services rendered contract. The Contractor shall not be paid for landscape maintenance services not rendered to the street and parkway and common greens landscape facilities. It is the Contractor’s responsibility to insure sufficient man hours are committed to the street, parkway, and common greens landscape facilities for complete objectives set forth in Special Provisions Section and Section 30, Schedule of Landscaping Maintenance Services. (A) Inspection (1) The City shall provide a representative of the Parks Manager to evaluate landscape services performed in the landscape facilities on a regular occurrence. The representative shall be the inspector. (2) The City may require the Contractor, or his local authorized representative, to ride along on inspections, if previous maintenance objectives by the Contractor are not in the best interest of the street, parkway and/or common greens facilities. The Contractor of his local authorized representative will be expected to take complete notes during such inspections. (3) Payment will be made for work satisfactorily completed by the Contractor. It shall be the Contractor’s responsibility to submit to the owner’s representative a written report of completion of work at the end of each month. The owner’s representative shall indicate in writing his acceptance or rejection of work and notify the contractor immediately of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours and a report re-submitted indicating completion. Payment will be based on work completion reports submitted by the contractor and approved and signed by the owner’s representative. Payment shall ordinarily be for 100% of the contract price (per month). (4) Three months before the conclusion of this landscaping contractor on __________________________, the following three inspections shall take place. Exhibit A Exhibit A - Page 44 SP-27 (a) ____________________ (90 days). Irrigation main line test for ruptures or leakage. No visible leaks shall be accepted. (b) ____________________ (60 days). Automatic controller, valve control and sprinkler coverage efficiency test. Note: Main water line must be accepted before efficiency test is performed. (c) ____________________ (30 days). Walk-through with new Contractor, if applicable, to evaluate condition of landscape facilities, provide a punch-list to be completed by end of contract date, _________________. 23. Replacements and Extra Work General. The preceding chapters in these specifications have been written to provide landscape maintenance services which will keep the City’s landscaping and open space areas in a healthy and neat appearance year-round. The following items listed will clarify other landscape maintenance and material requirements which may not be included elsewhere in these specifications. (A) Replacement Cost to be Assumed by the Contractor (1) Damaged plant material, due to the Contractor’s maintenance practices, workpersonship or non-performance of services. Replacement standards shall be new container plants and shall be equal in size to the remaining growth in the ground or the surrounding existing mature size in the adjacent landscape area. Replacement plants shall be healthy rooted and vigorous. (a) Ground covers adjacent to pavement or structures shall be no closer to these than ½ their center to center spacing plus 25%. 24. Miscellaneous Items General. Routine maintenance items which are not considered extra work include, but are not limited to the following: (A) Concrete-Line Ditches – All concrete-lined ditches within the limits of a landscape facility shall be kept clear at all times, and the catch basins that these ditches empty into shall be thoroughly cleaned out periodically during the rainy season which is from October 15 to April 15. Edges should be checked periodically for erosion and damage to concrete structures. Catch basins more than 6 feet deep are not required to be cleaned by the Contractor. Special care will be taken by the Contractor to keep debris out of all basins while V-ditch maintenance is occurring. All debris or soils shall be exported from the site. Exhibit A Exhibit A - Page 45 SP-28 (B) Fences – It is not the Contractor’s responsibility to remove all graffiti from fences and walls within the limits of the landscape maintenance area. However, the Contractor is to immediately notify the City Inspector of any graffiti found in the street and parkway sites. (C) Gutters – Clean up weed, silt and gardening debris along curbway aprons along streets which border the landscape facilities (see hardscape below). Drainage channels (not concrete-lined) should be cleaned in like manner. (D) Painting – Aging irrigation controller boxes, utility boxes that service the landscape, and monument signage may have to be repainted (and rust controlled) once during the term of the contract. The Inspector will give specific direction as to the rust control and painting that will have to be done. (E) Decomposed Granite Pathways – Once during the term of the contract such pathways will be dressed with decomposed granite fines (not to exceed 10 cubic yards) and compacted as needed and will be treated with an approved binder. (F) Hardscape – All hardscape features located in or adjacent to the street and parkway landscaped medians shall be kept weed free at all times. These areas include but are not limited to curb and gutter, the transition joint area between the street paving and the gutter, concrete and asphalt pavement within the island median, sidewalks (i.e. cracks and control joints), curb returns, bomanite walkways and island fingers. All pedestrian walkways must be kept clean at all times of debris, clippings, soil mudflows, etc. 25. Standards for Completed Weed Abatement Work (A) Abatement Quality – All abatement work shall be completed so that all weeds, grass, vegetation and litter which could be expected to burn or are noxious and dangerous to public safety are completely removed so there is insufficient fuel to sustain or allow the spread of fire or the continuance of a public hazard. (B) Complete Abatement – Where complete abatement is required, as much as possible of the entire parcel shall be abated in accordance with the above quality standard. (C) Litter Removal – Means and includes cleaning, cleaning and /or taking and properly hauling to an approved dump site, all loose and removable material generally defined as litter in excess of 1 cubic yard, including, but not limited to furniture, appliances, vehicle parts and batteries, wood, cement, etc. Litter removal work shall be measured and paid for at the cubic yard price. (D) Hand-cleaning of Lots – Means hand cutting and removal of weeds or other vegetation along curbs, fence lines, steep embankments including Exhibit A Exhibit A - Page 46 SP-29 incidental litter under one cubic yard. Hand-cleaning work shall be measured and paid for at the square foot price. (E)Mowing – Means and includes mowing weeds and other vegetation to an approximate height of one (1) inch, as terrain allows or as otherwise directed by the Inspector, and hauling the mowed weeds/vegetation, including incidental litter matter under one cubic yard, to an approved dump site. Mowing work shall be measured and paid for at the square foot bid price. The litter removal under this contract will generally be for smaller amounts of litter that can be loaded onto a truck. Progress payment to the Contractor for ordered hand work shall be: 100% of the verified cost of the job billed, after passing inspection made by the Inspector, payable within a reasonable time following inspection but not more often than once a month. Ten percent of each progress payment paid the Contractor for work completed during each contract year will be withheld until after the date terminating the contract. The Notice of Completion and Resolution of Acceptance will be processed on or before thirty-five (35) days after termination of the contract for the work completed during the year. 26.Schedule of Landscaping Maintenance Services Minimum typical monthly Schedule of Landscape Services. The Inspector may change requirements as based upon seasonal or other considerations. (A)July (1)Continue maintenance care per specifications (2)Check drip irrigation systems for proper function. Flush and clean filters as needed. (3)Trim ground covers away from buildings, fences, trees, and other features. (4)Check young trees for deep watering. Supply irrigation as needed. (5)Apply bark mulch to required areas. (6)Prune shrubs to remove dead/diseased branches and to control growth. Exhibit A Exhibit A - Page 47 SP-30 (B) August (1) Continue maintenance care per specifications. (2) Cut out spent blossom spikes on shrubs. (3) Adjust irrigation to avoid wet spots and watering non-landscaped areas. (4) Edge vegetation along streets, sidewalks, retaining walls, etc. (5) Begin mole and gopher control program (C) September (1) Continue maintenance care per specifications. (2) Begin fall pre-emergence weed control. (3) Trim “suckers” and “water shoots” off of trees and treat with a growth regulator at time of cutting. Avoid asphaltic compounds which seal the wound. (4) Paint utility boxes as needed before rainy season sets in. (5) Repair decomposed granite pathways as needed and spray with an approved binder. (D) October (1) Continue maintenance care per specifications. (2) Check to be sure all appropriate shrubs and ground covers have been trimmed, edged, and sprayed to maintain desired shape through winter months. (3) Check drain grates, culverts, drainage ditches, and catch basins to be sure they are clear of all debris and vegetation. (4) Break water basins around young native and drought tolerant shrubs and trees on slopes. (5) Fertilize ground cover with a complete fertilizer. Use a slow release 3-6 month formulation. (E) November (1) Save pruning of deciduous shrubs and vines until spring bud push. (2) Check edges of culverts, drainage ditches, and catch basins for erosion of soil. Topsoil, ground cover, straw bales, or rip-rap Exhibit A Exhibit A - Page 48 SP-31 may have to be placed in the problem areas. Check for damage to drain structures. (3) Check all job sites for damage after each storm throughout winter months. (4) Edge vegetation along medians, streets, sidewalks, retaining walls, etc. (5) Complete pre-emergence weed control. (6) Dormant spraying of some shrubs, vines, and trees can be done. (7) Continue maintenance care per specifications. (F) December (1) Continue dormant spraying as needed. (2) Continue maintenance care per specifications. (3) Meet with the Inspector to establish a program for weed control for the following calendar year. At such time, provide the Inspector with a complete set of chemical labels and material safety date sheets. (4) Raise any irrigation boxes which are below grade. Box top should be 2” above finish grade in shrub areas; 1” above grade in turf areas. (G) January (1) Check ground drains and “V” ditches for debris blockage. Clear as needed, then export debris from site. (2) Scoop up silt that has run across sidewalks and other hardscape features. Export silts from site. (3) Begin grass and weed height control in non-irrigated and open areas. (4) Check for vertebrate pest activity. Control as is possible. (5) Continue dormant spraying. (6) Continue maintenance care per specifications. (7) Start irrigation coverage checks. Flush systems as required, to be performed every January. Exhibit A Exhibit A - Page 49 SP-32 (H) February (1) Mow high stands of ground cover like Hypericum and Hedera. Rake ground cover areas to remove dead vegetation, etc. (2) Continue irrigation coverage checks. (3) Make any extensive irrigation repairs. Obtain authorization for extra work. (4) Continue grass and weed height control (5) Begin springtime pre-emergent weed control. (6) Finish dormant spraying of shrubs, vines, etc. (7) Continue maintenance care per specifications. (8) Begin application of fertilizer in ground cover areas. (9) Begin dormant pruning of shrubs and vines. Avoid pruning heavy bleeders until after leafing is completed. (I) March (1) Check ground drains and “V” ditches for debris blockage. (2) Prune vegetation for line of site obstruction at street intersections. (3) Continue springtime pre-emergent weed control. (4) Finish irrigation coverage checks and extensive repairs. (5) Start and continue vigorous regime of snail control (bait every 2- 1/2 to 3 weeks) (6) Continue grass and weed height control. (7) Install fresh batteries in solid state and battery powered controllers. (8) Finish application of fertilizer in ground cover areas. (9) Complete replanting of ground cover damaged areas. (10) Continue dormant pruning of shrubs and vines. Avoid pruning heavy bleeders until after leafing is completed Exhibit A Exhibit A - Page 50 SP-33 (J) April (1) Continue strict regime of snail control. (2) Rebuild basins around young trees and shrubs for new plantings only. (3) Prune vegetation for line of sight obstruction at street intersection. (4) Check for aphid and other infestations in shrubs, ground covers, and trees. (5) City inspection of irrigation main piping for contract completion. (6) Finish springtime pre-emergence. (7) Continue grass and weed height control in non-irrigated and open spaces. (8) Continue maintenance care per specifications. (9) Cut out spent blossom spikes on shrubs, or as needed. (K) May (1) Re-fertilize ground cover areas still showing signs of nutrient deficiencies. (2) Regime of snail control should show results. Continue until satisfied. (3) Trim or replant damaged ground cover. (4) Complete grass and weed height control status report. Be aware of fire season start date. (5) Edge vegetation along medians, streets, sidewalks, retaining walls, etc. (6) City inspection of valves, sprinkler coverage for contract completion. (7) Continue maintenance cover per specifications. (8) Provide, in writing, a watering schedule for all controllers to the Inspector. Exhibit A Exhibit A - Page 51 SP-34 (L) June (1) Clean and adjust irrigation heads on a regular basis throughout the summer. (2) Establish summer water program. (3) Repair irrigation breaks promptly throughout summer. Extra work must be approved. (4) City inspection of common green facilities for contract completion. (5) Continue maintenance care per specifications. (6) Prune vegetation for line of sight obstruction at street intersections. COMMON GREENS AREAS: Location The location and limits of the grounds to be maintained are designated on the attached maps and are known as “Accepted City Common Green Areas”. The planters located in the cul-de-sac streets, curbs and gutters abutting these areas and all adjacent parking enclaves are included. All these areas are designated as Common Greens and do not include individual homeowners’ backyards, which are enclosed by fences, or the front or side yards or any private property: (A) West Park #1 & #2 consists of 10.5+ acres (B) Greenview Commons consists of 2+ acres (C) West Park #3 consists of 28+ acres (D) Willow Gardens consists of 2.4+ acres (E) Stonegate Ridge consists of 3+ acres 2302554.1 Exhibit A Exhibit A - Page 52 7. Proposal Sheet BID ITEM DESCRIPTION FROM TO LITTER PICKUP SERVICE FREQ. IRRIG. TYPE NOTES MONTHLY RATE ANNUAL COST 1 Callan Boulevard Carter Drive Westborough Boulevard 52 M 350 4200 2 Capay Circle / Lomitas Ave. Cuesta Drive Verano Drive 26 M 363.5 4362 3 Chestnut Avenue El Camino Real Mission Road 26 A 103.50 1242 4 Chestnut Avenue Hillside Boulevard Grand Avenue/Aldengat e Dr. 26 A a 39.50 474 5 East Grand Avenue Airport Boulevard Gateway Boulevard 26 A b, p 238.50 2862 6 El Camino Real medians Hickey Boulevard Noor Avenue 52 A c 2014 24168 7 Gellert Boulevard King Drive Westborough Boulevard 26 A 646.50 7758 8 Gellert Boulevard Westborough Boulevard Shannon Drive 26 A,M d 318.50 3822 9 Mission Road Chestnut Avenue Oak Avenue 26 A f 368.50 4422 10 Mitchell Avenue South Airport Boulevard W/O S.P.R.R. 26 M g 104.50 1254 11 South Airport Blvd. medians S.P.R.R. Underpass Beacon Street 26 N h 83 996 12 Westborough Boulevard 800' E/O Junipero Serra Blvd. Olympic Drive 52 A 749 8988 13 Westborough Boulevard Olympic Drive Skyline Boulevard 52 N i 207 2484 14 Westborough Boulevard W/O Camaritas Avenue El Camino Real 26 A k 197 2364 15 Elm Court Tamarack Ln. Park Way 12 M 89.50 1074 Exhibit A Exhibit A - Page 53 BID ITEM DESCRIPTION FROM TO LITTER PICKUP SERVICE FREQ. IRRIG. TYPE NOTES MONTHLY RATE ANNUAL COST 16 Forbes Boulevard Medians E.Grand Ave.Allerton 26 M 333 3996 17 East Grand Ave. Medians Gateway Blvd. Littlefield Ave. 26 A,M 210 2520 18 Hillside Blvd. Chestnut Ave. Dolores Way 12 A l 63 756 19 Hillside Blvd. Chestnut Ridgeview 26 N e 87.50 1050 20 Willow Avenue Dolores Way Estate Ct. 26 A 97.50 1170 21 Gateway Boulevard E.Grand Ave.Mitchell Ave. 26 A 327 3924 22 Airport Blvd. medians, shoulders and hook ramps Sister Cities Blvd. Brisbane City limits 12 A,N 312.50 3750 23 Airport Blvd. median & sidewalks Randolph Ave. South to S.P.R.R. underpass 52 A 259 3108 24 Slope on Airport Blvd. 2nd Lane (including south side) S.P.R.R. Overpass 12 N 159.50 1914 25 Hillside Blvd/Sister Cities Blvd Lincoln St. Airport Blvd 26 A 1131.50 13578 26 Hillside Blvd w/b shoulder including bus stop Irving St. South San Francisco Dr. 26 A 32.50 390 27 Hillside Blvd. N.Slope at end of school fence East to backflow control valve 26 N 185.50 2226 28 Randolph Ave slope/valley gutter Highland Ave. Airport Blvd. 12 A,N j 74 888 29 Beech St. median Spruce Ave. Larch Ave. 12 N m 40.50 486 30 Spruce Ave. median Miller Ave. Park Way 12 N n 104.50 1254 31 Hickey Blvd. median Hilton Ave. Junipero Serra Blvd. to Daly City limits 12 A o 59 708 32 Hickey Blvd. Turf areas at interchange at Junipero Serra 12 A 304.50 3654 33 Oyster Pt. Blvd. median Airport Blvd. Marina Blvd. 26 A 489 5868 34 Jack Drago Park E.Grand Ave. Gateway Boulevard 26 A q 656.50 7878 35 Sister Cities Linear Park Orange Ave. Spruce Ave. 26 A 1568 18816 Exhibit A Exhibit A - Page 54 BID ITEM DESCRIPTION FROM TO LITTER PICKUP SERVICE FREQ. IRRIG. TYPE NOTES MONTHLY RATE ANNUAL COST 36 Gus' island on Airport Blvd. Grand Ave. Miller Ave. 26 A NO CHARGE 0 0 37 Irish Town Greens Airport Blvd. between Armour and Linden 52 A 756 9072 38 Centennial Way / Trail San Bruno BART South San Francisco BART 52 A 8622.50 103470 39 Sculpture Garden at Orange Memorial Park North and West of Parking Lot, west of Tennis Drive 0 A r 979.50 11754 40 West Park 1 & 2 Common Greens 52 A 6591.50 79098 41 Greenview Commons Common Greens 26 A 559.50 6714 42 West Park 3 Common Greens 52 A 8571.50 102858 43 Willow Gardens Common Greens 52 A 1090 13080 44 Stonegate Common Greens 26 A 1114.50 13374 45 Linden Avenue Park Linden Avenue @ Pine Avenue 52 A 939 11268 46 Olympic Park Olympic Dr @ Dublin Dr 26 A 847.50 10170 47 Appian Way Median Westboroug h Boulevard Shannon Dr. 12 A 1157 13884 TOTAL BASE BID PRICE: 43,595.50 523,146 Total Base Bid Price in Words - For a 24 month contract term One million forty six thousand two hundred and ninety-two dollars and zero cents BrightView Landscape Services, Inc. 3/12/2018 Exhibit A Exhibit A - Page 55