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HomeMy WebLinkAboutCO 2025-115 - Mariposa Landscapes Inc.City of Rancho Cucamonga CONTRACT NUMBER 2025-115 CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT MARIPOSA LANDSCAPES, INC. FOR PD-85 PARKS LANDSCAPE AND IRRIGATION MAINTENANCE AWARD DATE: September 16, 2025 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 1st day of October 2025, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and Mariposa Landscape Inc., a corporation (“Contractor”). RECITALS A. City has heretofore issued its request for proposals to perform the following services: PD-85 Parks for Landscape and Irrigation Maintenance (RFP 25/26-005) (“the Project”). B. Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to landscape and irrigation maintenance; all as more fully set forth in RFP 25/26-005, attached hereto as Exhibit A, Contractor’s proposal, attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled “Scope of Work”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by City of Rancho Cucamonga CONTRACT NUMBER 2025-115 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 2 amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “N/A”. 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall become effective as of the date of the mutual execution by way of both party’s signature (the “Effective Date”) through June 30, 2026. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Prior to entering into an agreement for an annual extension the Contractor may request a Cost-of-living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside-San Bernardino-Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance with all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit C, provided, however, that full, total and complete amount payable to Contractor shall not exceed two hundred ninety five thousand, eight hundred seventeen dollars ($295,817) for services Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 3 during the City’s fiscal year ending June 30, 2026, including all out-of-pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit C. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be Maritza Martinez, Public Works Services Director, or such other person as designated in writing by the City (“City Representative”). It shall be Contractor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Terry Noriega, President, is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 4 substantial inducement for City to enter into this Agreement. Therefore, the Contractor’s Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. 6. Contractor’s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 5 shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 6 indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 7 deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 8 (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 9 employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self- insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor’s sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 10 (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub-subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 11 a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: Maritza Martinez City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: Terry Noriega, President Mariposa Landscapes, Inc. 6332 Santos Diaz Street Irwindale, CA, 91702 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 12 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance with other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 13 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Mariposa Landscapes, Inc. By: Name Date City of Rancho Cucamonga By: Name Date Title Title By: Name Date Title (two signatures required if corporation) Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 9/22/2025 | 4:02 PM PDT President Antonio Valenzuela, Secretary 9/22/2025 | 5:16 PM PDT 9/22/2025 | 5:27 PM PDT Mayor/President Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 14 ATTACHMENTS x Attachment A – Sample Additional Insured Endorsement, Ongoing Operations x Attachment B – Sample Additional Insured Endorsement, Completed Operations x Attachment C – Sample Waiver of Subrogation Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 15 Attachment A – Sample Additional Insured Endorsement, Ongoing Operations Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 16 Attachment B – Sample Additional Insured Endorsement, Completed Operations Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 17 Attachment C – Sample Waiver of Subrogation Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 18 SCOPE OF WORK Scope of Work Contents: x Exhibit A – RFP 25/26-005 x Exhibit B – Contractor’s proposal x Exhibit C – Unit Costs Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Exhibit A REQUESTFORPROPOSAL(“RFP”)#25/26-005 FOR LANDSCAPE ANDIRRIGATION MAINTENANCE FOR PD 85 PARKS CityofRanchoCucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 2 of 59 Table of Contents 1. OVERVIEW ............................................................................................................................................... 6 1.1. GENERAL BACKGROUND .................................................................................................................... 6 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS ....................................................................................... 6 1.3. DISCREPANCIES OR OMISSIONS ............................................................................................................ 7 1.4. CONTINGENCIES ............................................................................................................................... 7 1.5. QUESTIONS AND CLARIFICATIONS ......................................................................................................... 7 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ............................................... 8 1.7. BRAND NAMES ............................................................................................................................... 8 1.8. KNOWLEDGE OF REQUIREMENTS .......................................................................................................... 8 1.9. RESERVATION OF RIGHTS ................................................................................................................... 8 1.10. CALIFORNIA'S PUBLIC RECORDS ACT ...................................................................................................... 9 2. MINIMUM REQUIREMENTS .......................................................................................................................... 10 2.1. BUSINESS LICENSE ........................................................................................................................... 10 2.2. PREVAILING WAGES ......................................................................................................................... 10 2.3. REPRESENTATIVES ........................................................................................................................... 10 2.4. EMPLOYEE CONDUCT ....................................................................................................................... 11 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS .................................................................................. 12 3.1. COVER LETTER / INTRODUCTION .......................................................................................................... 12 3.2. TABLE OF CONTENTS ....................................................................................................................... 12 3.3. PROJECT UNDERSTANDING AND APPROACH ........................................................................................... 12 3.4. QUALIFICATIONS AND EXPERIENCE ....................................................................................................... 12 3.5. PROJECT TEAM ............................................................................................................................... 13 3.6. STAFFING LEVELS ............................................................................................................................ 13 3.7. THIRD-PARTY / SUBCONTRACTORS ...................................................................................................... 14 3.8. PROPOSAL RESPONSE ....................................................................................................................... 14 3.9. EXHIBITS A THROUGH H .................................................................................................................... 14 3.10. NON-DISCLOSURE CONFLICT OF INTEREST .............................................................................................. 14 3.11. PROFESSIONAL SERVICE AGREEMENT .................................................................................................... 14 3.12. ACKNOWLEDGEMENT OF INSURANCE .................................................................................................... 15 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 3 of 59 3.13. ADDENDUM ACKNOWLEDGEMENT ....................................................................................................... 15 3.14. DEBARMENT AND SUSPENSION ........................................................................................................... 15 3.15. PARTICIPATION CLAUSE .................................................................................................................... 15 3.16. SIGNATURE OF AUTHORITY ................................................................................................................ 16 3.17. COMPANY REFERENCES ..................................................................................................................... 16 3.18. LINE-ITEM PRICING .......................................................................................................................... 16 4. PROJECT DESCRIPTION AND SCOPE OF SERVICES ................................................................................................ 16 4.1. PROJECT DESCRIPTION ...................................................................................................................... 16 4.2. SCOPE OF SERVICES.......................................................................................................................... 17 4.2.1. GENERAL PROJECT DESCRIPTION .................................................................................................... 17 4.2.2. EXAMINATION OF PLANS, SPECIFICATION, AND SITE OF WORK ............................................................... 18 4.2.3. CONTRACTOR’S LICENSE .............................................................................................................. 18 4.2.4. COMPETENCY OF CONTRACTOR ..................................................................................................... 18 4.2.5. CONTRACT TERM ....................................................................................................................... 18 4.2.6. BONDS ........................................................................................................................................................................ 18 4.2.7. SUPERVISION AND STAFF ............................................................................................................. 18 4.2.8. PREVAILING WAGE .................................................................................................................... 19 4.2.9. COMMUNICATIONS .................................................................................................................... 19 4.2.10. NON-RESPONSIVENESS OF CONTRACTOR.......................................................................................... 20 4.2.11. SERVICE LEVELS ......................................................................................................................... 20 4.2.12. SCHEDULING OF WORK ............................................................................................................... 20 4.2.13. UNDERGROUND SERVICE ALERT ..................................................................................................... 20 4.2.14. MEASUREMENT AND PAYMENT ..................................................................................................... 21 4.2.15. DEDUCTIONS ............................................................................................................................ 22 4.2.16. DEFICIENT PERFORMANCE – NOTIFICATION AND CORRECTIVE ACTION ...................................................... 23 4.2.17. WORK SITES ............................................................................................................................ 24 4.2.18. ADDITIONS .............................................................................................................................. 24 4.2.19. QUALITY OF WORK .................................................................................................................... 25 4.2.20. INSPECTIONS ............................................................................................................................ 25 4.2.21. REPLACEMENT OF LANDSCAPE MATERIALS & CITY PROPERTY ................................................................ 25 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 4 of 59 4.2.22. UTILITY BILLS ........................................................................................................................... 25 4.2.23. CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORMWATER POLLUTION PREVENTION .................... 26 4.2.24. PERMITS ..................................................................................................................................................................... 26 4.2.25. WORK AREA TRAFFIC CONTROL .................................................................................................... 26 4.2.26. ROUTINE MAINTENANCE ............................................................................................................. 27 4.2.27. SHRUB, GROUNDCOVER, DECOMPOSED GRANITE (DG) AND VINE MAINTENANCE ............................................ 29 4.2.27.1. SHRUB MAINTENANCE ................................................................................................................ 29 4.2.27.2. GROUND COVER MAINTENANCE .................................................................................................... 30 4.2.27.3. DECOMPOSED GRANITE (DG) ....................................................................................................... 32 4.2.27.4. VINE MAINTENANCE .................................................................................................................. 33 4.2.27.5. TREE MAINTENANCE .................................................................................................................. 34 4.2.28. IRRIGATION MAINTENANCE .......................................................................................................... 36 4.2.28.2. SHRUB BEDS & PLANTER AREAS .................................................................................................... 37 4.2.28.3. TURF AREAS ............................................................................................................................................................... 38 4.2.28.4. NEW PLANT MATERIALS .............................................................................................................. 38 4.2.28.5. REPAIRS AND REPLACEMENT ......................................................................................................... 38 4.2.29. PEST CONTROL ......................................................................................................................... 38 4.2.30. TRAIL MAINTENANCE ................................................................................................................. 41 4.2.31. HARDSCAPE MAINTENANCE ......................................................................................................... 41 4.2.32. MULCH CAPE MAINTENANCE ........................................................................................................ 42 4.2.33. SPORTS FIELD MAINTENANCE ....................................................................................................... 42 4.2.34. PLAYGROUND MAINTENANCE ....................................................................................................... 43 4.2.35. PICNIC AREA MAINTENANCE ........................................................................................................ 43 4.2.36. HARD COURT MAINTENANCE........................................................................................................ 43 4.2.37. RESTROOM MAINTENANCE .......................................................................................................... 43 4.2.38. PIPE CHASE MAINTENANCE .......................................................................................................... 45 4.2.39. DRINKING FOUNTAIN MAINTENANCE .............................................................................................. 45 4.2.40. TRASH RECEPTACLE MAINTENANCE ................................................................................................ 45 4.2.41. TRASH ENCLOSURE MAINTENANCE ................................................................................................. 45 4.2.42. GRAFFITI REMOVAL (ALL SERVICE LEVELS) ........................................................................................ 45 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 5 of 59 4.2.43. DRAINS (ALL SERVICE LEVELS) ...................................................................................................... 46 4.2.44. STORM DEBRIS CLEANUP ............................................................................................................ 46 4.2.45. DEBRIS AND TRASH REMOVAL ...................................................................................................... 46 4.2.46. CLEAN-UP (ALL SERVICE LEVELS) .................................................................................................. 47 4.3. EXTRA WORK ............................................................................................................................... 47 5. EVALUATION AND CONTRACTOR SELECTION PROCESS ......................................................................................... 48 5.1. INITIAL SCREENING ......................................................................................................................... 48 5.2. EVALUATION ACTIVITIES ................................................................................................................... 48 5.3. COST EVALUATION ......................................................................................................................... 49 5.4. REFERENCE CHECKS ........................................................................................................................ 49 5.5. PRESENTATIONS / ORAL BOARD INTERVIEWS ......................................................................................... 49 5.6. FINANCIAL DOCUMENTATION ............................................................................................................ 49 5.7. BEST AND FINAL OFFER .................................................................................................................... 50 5.8. CONTRACTOR SELECTION .................................................................................................................. 50 5.9. LETTER OF INTENT TO AWARD ............................................................................................................ 50 “EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT” ......... 51 “EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY” ............................................. 52 “EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED” .................................................................................... 53 “EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT” ........................................................................................ 54 “EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM” ............................................................ 55 “EXHIBIT F, PARTICIPATION CLAUSE”.......................................................................................................... 56 “EXHIBIT G, SIGNATURE OF AUTHORITY” .................................................................................................... 57 “EXHIBIT H” REFERENCES WORKSHEET ....................................................................................................... 58 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 6 of 59 1. OVERVIEW 1.1. GENERAL BACKGROUND The City of Rancho Cucamonga (hereinafter “City”) is inviting qualified Contractors (hereinafter “Contractor”) to submit a proposal response for Request for Proposals (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks in accordance with the minimum Scope of Services and Specifications indicated herein. Contractors wishing to participate in the RFP solicitation must be registered as a Contractor on Planet Bids through the City website at https://www.cityofrc.us/your-government/procurement. Only those responses received from registered Contractors will be accepted. Responses must be submitted by the named Contractor that has downloaded the RFP. Submitting a response under a Contractor name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration. 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS Complete RFP responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date & Time Post RFP April 21, 2025 Questions Due May 8, 2025, by 9:00 am Addendum Issued May 15, 2026 RFP Response Due Date June 11, 2025, by 9:00 am Evaluation Process June 16 – 24, 2025 Short List Letter Issued June 26, 2025 Oral Board & Presentation TBD Letter of Intent to Award TBD Contract Award Date TBD (The City reserves the right to change schedule of events without prior notice or responsibility to Contractor.) Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 7 of 59 1.3. DISCREPANCIES OR OMISSIONS Contractors finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. The City bears no responsibility for oral instructions or representations. Addenda to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. 1.4. CONTINGENCIES This RFP should not be considered as a contract to purchase goods or services but is a Request for Proposal in accordance with the terms and conditions herein and will not necessarily give rise to a Contract. However, RFP responses should be as detailed and complete as possible to facilitate the formation of a contract based on the RFP response(s) that are pursued should the City decide to do so. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Contractors must submit signed RFP responses by the due date and time as specified herein. Contractors will be considered non-responsive if the above requirements are not submitted as requested. Any scope of services, contingencies, special instruction and/or terms and conditions applicable to this RFP and any purchase order derived thereafter shall be effective as of the issue date of a purchase order for the requested work (the “Effective Date”), and shall remain in full force and effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5. QUESTIONS AND CLARIFICATIONS All questions or clarification requests must be submitted directly through the City’s bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City ’s bid system in accordance with the above “Schedule of Events”. From the issuance date of this RFP until a Contractor is awarded, Contractors are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, Procurement Manager, the designated representative of the City of Rancho Cucamonga. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 8 of 59 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to this RFP solicitation will become the property of the City and will be returned only at the City ’s option and at the expense of the Contractor submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Contractor considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act may be made available to the public regardless of a notation or markings of confidentiality or otherwise. 1.7. BRAND NAMES Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFP responses offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the RFP response clearly describes the article offered and how it differs from the referenced brand. Unless a Contractor specifies otherwise, it is understood that the Contractor is offering a referenced brand item as specified in the solicitation. The City reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the City may require the supply of additional descriptive material and a sample. 1.8. KNOWLEDGE OF REQUIREMENTS The Contractor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Contractor’s sole risk. Contractors shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Contractors by way of addenda to Planet Bids; however, it is the Contractor’s responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date. 1.9. RESERVATION OF RIGHTS The issuance of this RFP does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to: x Waive or correct any defect or informality in any response, RFP, or RFP procedure. x Reject any or all RFPs. x Reissue a Request for RFPs. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 9 of 59 x Prior to submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment, or services to be provided under this RFP, or the requirements for contents or format of the RFPs. x The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest RFP response. x The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Contractors who submit RFP responses. x Procure any materials, equipment or services specified in this RFP by any other means. x Determine that no project will be pursued. x The City reserves the right to inspect the Contractor’s place of business prior to award or at any time during the contract term or any extension thereof, to determine the Contractor’s capabilities and qualifications. 1.10. CALIFORNIA'S PUBLIC RECORDS ACT The City complies with the California Public Records Act, Government Code Section 6250 et seq, Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City 's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary, or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption exists for the City to deny the request and prevent disclosure. The City will withhold such information from public disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal basis to do so. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 10 of 59 2. MINIMUM REQUIREMENTS 2.1. BUSINESS LICENSE A selected Contractor awarded a contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected Contractor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. 2.2. PREVAILING WAGES Where labor is required for a public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California and/or the federal Davis-Bacon Act, a selected Contractor(s) shall pay no less than those minimum wages unless an exemption applies. In certain cases, an exemption from the prevailing wage requirement may apply to the scope of work. (See Cal. Labor Code § 1720(c)(1), (5); 42 USC § 5310(a). However, the City makes no representations in this RFP that such an exemption will apply or that prevailing wages will not be required for a scope of work covered by this RFP. 2.3. REPRESENTATIVES Should a selected Contractor require the services of a third-party to complete the Scope of Services indicated in this RFP, the awarded Contractor will not assign, transfer, convey or otherwise dispose of the contract or its right, title, or interest in or to the same, or any part thereof. Any attempt by the awarded Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Contractor’s subcontractor. All Services shall be performed by the awarded Contractor or under the awarded Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the services. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 11 of 59 In case of default by the Contractor, the City may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Contractor, or may bill for excess costs so paid, and the prices paid by the City shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Contractors for delivery, which do not meet specifications, will be for the account of the Contractor. City Representative: For the purposes of this Agreement, the contract administrator and City ’s representative shall be , or such other person as designated in writing by City (“City ’s Representative”). It shall be the Contractor’s responsibility to assure that City ’s Representative is kept informed of the progress of the performance of the services, and the Contractor shall refer any decisions that must be made by City-to-City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. Contractor Representative: The response to this RFP shall designate the representative of the Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability, and reputation of the Contractor’s Representative will be a substantial inducement for City to enter into an Agreement with the Contractor. Therefore, the Contractor’s Representative shall be responsible during the term of any Agreement for directing all activities of Contractor and devoting enough time to personally supervise the services hereunder. The successful Contractor may not change the Contractor’s Representative without the prior written approval of City ’s Representative. 2.4. EMPLOYEE CONDUCT All Contractor personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Contractor’s personnel shall be subject to oversight by City staff. Under no circumstances shall the Contractor’s or Contractor’s sub-contractor personnel be deemed as employees of the City. Contractor or Contractor’s subcontractor personnel shall not represent themselves to be employees of the City. Contractor's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and City employees. The Contractor's personnel shall be required to work in a pleasant and professional manner with City employees, outside Contractors, and the public. Nothing contained in this RFP shall be construed as granting the Contractor the sole right to supply personal or Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 12 of 59 contractual services required by the City or without the proper City approval and the issuance of a Purchase Order. 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS Completion of this RFP form and its associated Exhibits are a requirement. To be considered responsive and evaluate RFP responses fairly and completely Contractors must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction will deem said RFP response as non-responsive and will not receive further consideration in the evaluation process. If only one RFP response is received, the City reserves the right to discard the response, re-bid or proceed with an RFP review and negotiations. 3.1. COVER LETTER / INTRODUCTION RFP responses must include a cover letter including the Contractors business name and address of Contractor and the name, mailing address, and telephone number of the contact person regarding the RFP response. The cover letter shall condense and highlight the contents of the Contractor’s RFP response to provide the Evaluation Committee with a broad understanding of the Contractor’s approach, proposal, experience, and staffing. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Contractor’s ability and willingness to comply with all provisions stated herein. 3.2. TABLE OF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section. 3.3. PROJECT UNDERSTANDING AND APPROACH Outline the Contractor’s understanding of the project and any potential challenges or delays you foresee and ways to overcome these challenges. Describe the Contractor’s proposed approach to the scope of services listed in this RFP. Include a full, detailed task breakdown that outlines assumptions and deliverables clearly for each task. Contractors may include options or enhancements to the scope of work for the City’s consideration. 3.4. QUALIFICATIONS AND EXPERIENCE To be considered for this project, the Contractor must have a minimum of five (5) years of experience developing, fully implementing, and/or performing similar Scope of Work. The Contractor shall demonstrate Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 13 of 59 their qualifications, experience, expertise, and capability to perform the requirements of this RFP. Provide an overview of the Contractor’s qualifications and experience, including. x The number of years in business, main business focus, locations that will primarily support the project. x If the Company is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services. x A statement as to whether your Company is an individual proprietorship, partnership, corporation, or private nonprofit Company, and the date your company was formed or incorporated. x Five projects with a similar scope of work completed within the last five years. Must include the project scope of work, Contractor’s team members that worked on the project, and timeline of the project delivery. x The Contractor shall provide additional information as necessary for the City to consider in the evaluation of the submitted proposal. RFP responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFP responses will be accepted. RFP responses must include the information required by this RFP. There is no maximum page limit for this RFP. 3.5. PROJECT TEAM This section should introduce the key staff that the Company commits to the project. A proposed Organization Chart shall be included. Submit the resumes of the individuals who will be performing the services for the City. Resumes shall include the following information: x Project Role, x Length of time with the Company, x Years of Experience, x Licenses, registrations, and certifications as required by law to perform the Scope of Work described herein, x Educational background, x Experience with the minimum requirements stated herein, x Work history on similar or like projects with the other municipalities. 3.6. STAFFING LEVELS The Contractor shall complete and submit Schedule IV, Labor Hours by Month and Job Classification. The completed Schedule IV shall list the minimum labor hours by Month and Job Classification the Contractor will provide, if a contract is awarded, to complete the routine services at the frequencies specified herein. Provision of the minimum number labor hours shall not relieve the Contractor of the responsibility to complete the regularly scheduled maintenance tasks at the frequencies specified in these specifications. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 14 of 59 “Extra work” projects shall require the assignment of additional staff. Staff assigned to “extra work” projects shall not be counted toward the minimum labor hour s proposed for the routine, cyclical, services. Failure to submit Schedule IV will be cause to deem the Contractor’s proposal to be non-responsive. 3.7. THIRD-PARTY / SUBCONTRACTORS If the Contractor intends to subcontract any portion of the work, a detailed list of any subcontractors, partners, or third-party Contractors who will be involved in the implementation of the proposed services should be included in this section. Information provided on subcontractors Contractors shall include: x Description of subcontractor’s role in the project. x Description of the Contractor’s experience with each of the proposed subcontractors, x Resumes with the same format as specified above for the key team members of the subcontracting team, x Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP. 3.8. PROPOSAL RESPONSE Under this section Contractors shall provide a full, detailed response to the City ’s Scope of Services listed herein. Contractors should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability, and qualifications to complete the services needed. 3.9. EXHIBITS A THROUGH H The following named Exhibits A through H are a requirement and must be complete and signed where required. Exhibits are not to be included in your proposal response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G and Exhibit H. Failure to comply with this instruction will deem your RFP submittal as non-responsive. 3.10. NON-DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City. A signed “Exhibit A, Conflict of Interest and Non-Disclosure Agreement” included herein must be submitted under the Planet Bid Response Types, Exhibits A – G. 3.11. PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City ’s Terms and Conditions, the successful Contractor will be required to enter into a Professional Services Agreement (“PSA”) with the City, a “Sample” of which is attached in the City ’s bid system for review. All requirements of said PSA must be completed by the successful Contractor and Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 15 of 59 signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Contractor will be deemed to have agreed to each clause unless otherwise indicated in “Exhibit B, Professional Services Agreement Exceptions Summary” and the City agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary must be submitted in Planet Bids system under the Response Types tab “Exhibits A – G”. 3.12. ACKNOWLEDGEMENT OF INSURANCE Contractors must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of “Exhibit C, Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified”. The awarded Contractor will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Contractor, will not be accepted. The signed Acknowledgement of Insurance must be submitted under the Planet Bid Response Types, Exhibits A – G. 3.13. ADDENDUM ACKNOWLEDGEMENT The Contractor shall hereby acknowledge they have received all posted Addendums, if any. It is the Contractor’s responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Contractors must indicate their acknowledgement of any Addendums by way of signature on “Exhibit D, Addendum Acknowledgement” and must be submitted under the Planet Bid Response Types, Exhibits A – G. 3.14. DEBARMENT AND SUSPENSION Bidding Contractors must verify by way of signature to “Exhibit E, Contractor Certification Form” that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Contractor nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be submitted under the Planet Bid Response Types, Exhibits A – G. 3.15. PARTICIPATION CLAUSE Contractors shall provide a completed “Exhibit F, Participation Clause”, must be submitted under the Planet Bid Response Types, Exhibits A – G. This will indicate a Contractors agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 16 of 59 3.16. SIGNATURE OF AUTHORITY “Exhibit G”, Signature of Authority must be submitted under the Planet Bid Response Types, Exhibits A – G. Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Contractor has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Contractors RFP response is accepted, Contractor agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Contractors RFP response. 3.17. COMPANY REFERENCES Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed within the past three (3) years. “Exhibit H, Reference Worksheet”, must be complete and uploaded into the Planet Bid system under the “Response Type” section identified as “Exhibit H”. While the Reference Worksheet accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the “Response Type, Exhibit H” in Planet Bids. 3.18. LINE-ITEM PRICING Line-item pricing for this RFP must be provided directly in the Planet Bids system under the “Line Items” tab. This pricing is not an estimate and is Company fixed price for each item listed. Contractor’s pricing quotes outside of the pricing listed in Planet Bids under the “Line Items” tab will not be accepted or considered for award. Any additional cost required should be noted in the additional cost line item and a summary of the cost provided in the notes section of the line item. While line-item pricing accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the “Line Item” tab in Planet Bids. The City will not be obligated to any estimated pricing or pricing not identified in the “Line Item” tab in Planet Bids. Failure to provide the required line-Item pricing in the required format will cause Contractors RFP response to be considered as non-responsive and be eliminated from proceeding any further in the process. Any questions or clarifications regarding how to correctly submit line-Item pricing should be submitted by the “Questions Due” date and time indicated in the schedule of events. 4. PROJECT DESCRIPTION AND SCOPE OF SERVICES 4.1. PROJECT DESCRIPTION The scope of work is complete, continuous, consistent, and safe landscape and irrigation maintenance of the designated areas that are specified herein. During, and at the end of the contract period, all plant material shall be in a healthy, growing condition and all irrigation systems will be in the proper state of repair and adjustment. The contractor shall provide all equipment, labor, and materials necessary for performing landscape and irrigation maintenance according to the specifications herein. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 17 of 59 The intent and purpose of this agreement is to provide a level of maintenance to the areas such that each will present a safe, pleasing, and desirable appearance within the limitations of the contracted service levels. The contractor agrees to maintain all the designated areas covered by this Agreement at such levels. The Public Works Services Director, or their designated representative, shall be the sole judge as to the adequacy and quality of maintenance. The work shall be done in accordance with City Standard Plans and “The ‘Green Book’ Standard Specifications for Public Works Construction” 2021 edition including subsequent amendments, supplements and/or additions. Copies are available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517-0970. Where the Public Works Services Director is mentioned in these Special Provisions, it shall be noted that their designated representative may act in their behalf regarding administration of this agreement. 4.2. SCOPE OF SERVICES 4.2.1. GENERAL PROJECT DESCRIPTION The scope of work is complete, continuous, consistent, and safe landscape and irrigation maintenance of the designated areas that are specified herein. During, and at the end of the contract period, all plant material shall be in a healthy, growing condition and all irrigation systems will be in the proper state of repair and adjustment. The contractor shall provide all equipment, labor, and materials necessary for performing landscape and irrigation maintenance according to the specifications herein. The intent and purpose of this agreement is to provide a level of maintenance to the areas such that each will present a safe, pleasing, and desirable appearance within the limitations of the contracted service levels. The contractor agrees to maintain all the designated areas covered by this Agreement at such levels. The Public Works Services Director, or their designated representative, shall be the sole judge as to the adequacy and quality of maintenance. The work shall be done in accordance with City Standard Plans and “The ‘Green Book’ Standard Specifications for Public Works Construction” 2021 edition including subsequent amendments, supplements and/or additions. Copies are available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517-0970. Where the Public Works Services Director is mentioned in these Special Provisions, it shall be noted that their designated representative may act in their behalf regarding administration of this agreement. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 18 of 59 4.2.2. EXAMINATION OF PLANS, SPECIFICATION, AND SITE OF WORK Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the specifications, or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals. 4.2.3. CONTRACTOR’S LICENSE Contractor shall possess any and all contractor’s licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class A (General Engineering Contractor) or a Class C-27 (Landscape Contractor); in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. 4.2.4. COMPETENCY OF CONTRACTOR The bidder shall be licensed under the provisions of Division 3, Chapter 9 of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. 4.2.5. CONTRACT TERM The Contract Term shall be from the date of mutual execution and shall remain in full force through June 30, 2026. Parties to any contract resulting from this RFP shall have the option to renew the Contract Term in one (1) year increments up to a total of six (6) additional years. 4.2.6. BONDS If a contract is awarded, the Contractor shall furnish a Labor and Materials Bond in a sum equal to 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code. 4.2.7. SUPERVISION AND STAFF The contractor shall assign an account manager to be on site each working day, working regular working hours, for the duration of this contract. Regular working hours for the purposes of this section regarding the account manager shall be Monday through Friday for eight hours per day dedicated to this contract. The contractor and his staff shall have skills, expertise, and experience in arboriculture, turf management, pest control, soils, Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 19 of 59 fertilizers, plant identification and irrigation systems maintenance. The account manager must be fluent in the English language. The account manager shall be thoroughly knowledgeable of the provisions of this contract. 4.2.8. PREVAILING WAGE Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all new contracts awarded on or after April 1, 2015, the contractors and subcontractors shall furnish electronic certified payroll records to the Labor Commissioner. Each Contractor or Subcontractor shall preserve his weekly payroll records for a period of three (3) years. The payroll records shall set out accurately and completely the name, address, social security number, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages, and the actual weekly wages paid to him. Such payroll records shall be made available for inspection by the City or its authorized representatives. In addition to the foregoing payroll reporting and retention requirements, the Contractor and each of his subcontractors shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. The Contractor shall deliver to the City a certified and legible copy of each payroll with the routine monthly invoices. Payment will not be made prior to the submission to the City of certified payrolls prepared in accordance with Labor Code section 1776. 4.2.9. COMMUNICATIONS The Contractor shall provide a cellular telephone to each account manager. Each account manager shall always carry the telephone on their person during the workday for communication with the City representative. Each account manager shall be on call 24 hours per day, seven days per week, for emergencies within the contract areas. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 20 of 59 4.2.10. NON-RESPONSIVENESS OF CONTRACTOR Failure of the Contractor or the account managers to respond immediately (within 1 hour) to the telephone notification by the Public Works Services Director of an emergency condition, or failure of the Contractor to respond within two days of written notification by the Public Works Services Director or their representative, shall give the Public Works Services Director the right to cause necessary work to be performed by City crews, or other contractors and any costs incurred in so doing shall be deducted from the payment for the month in which the work was performed. 4.2.11. SERVICE LEVELS Now, or in the future, the City may have severe budget constraints within one or more of the funding sources to which this Contract applies. As a result, and at any time, the City may choose to contract for maintenance of the affected sites at less than the originally contracted service level for any, or all landscape services as described herein. Adjustments to the service level may apply to all sites covered by the contract, or a subset thereof, as needed to meet budgetary constraints. The City will notify the Contractor in writing fifteen (15) calendar days prior to service level adjustments. 4.2.12. SCHEDULING OF WORK The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday. Exceptions may be made to normal working hours, where incidence of use may be too great during the hours specified to allow for proper maintenance. The Public Works Services Director or their representative may grant, on an individual basis, permission to perform contract maintenance at other hours including weekends. No maintenance functions that generate excessive noise that would cause annoyance to residents of the area shall commence before 8:00 a.m. Monday through Saturday and 9:00 am on Sundays. Unless otherwise specified by the Public Works Services Director, the Contractor shall supply the City with a bi-weekly schedule of routine work (the Maintenance Schedule Chart) to be followed in the performance of any work required by these specifications. Said schedule shall be submitted by the contractor five working days prior to the start date listed on the schedule. Any changes in scheduling shall be immediately reported, in writing, to the Public Works Services Director. The Public Works Services Director will be notified in writing at least 24 hours in advance of each start date of non-routine maintenance operations including, but not limited to, fertilization, chemical application and tree pruning. 4.2.13. UNDERGROUND SERVICE ALERT The Contractor shall comply with the requirements of Assembly Bill 73. The law states that, "every person planning to conduct any excavation is required to contract a regional notification center at least 2 working days prior to excavation." Assembly Bill 73 defines excavation as, "any operation in which earth, rock, or other Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 21 of 59 material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe lowing and driving, or any other way." The Contractor shall assume all liability incurred from any type of excavation performed at the worksite. 4.2.14. MEASUREMENT AND PAYMENT a) The Contractor will be paid monthly based upon the unit cost and lump sum amounts listed in the cost proposal. b) The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. c) Unless specifically excluded herein, payment for all items of work, including, but not limited to, the work listed in section 4.26, Routine Maintenance, shall be included in the proposed price for the following line items dependent on the contracted service level for each site: a. Continuous Park Maintenance at Service Level B for Groundcover b. Continuous Park Maintenance at Service Level B for Turf c. Continuous Park Maintenance at Service Level B for Hardscape d. Continuous Park Maintenance at Service Level B for Mulchscape e. Continuous Park Maintenance at Service Level C for Groundcover f. Continuous Park Maintenance at Service Level C for Turf g. Continuous Park Maintenance at Service Level C for Hardscape h. Continuous Park Maintenance at Service Level C for Mulchscape i. Continuous Park Maintenance at Service Level D for Groundcover j. Continuous Park Maintenance at Service Level D for Turf k. Continuous Park Maintenance at Service Level D for Hardscape l. Continuous Park Maintenance at Service Level D for Mulchscape d) The Estimated Annual Quantity given in the proposal is approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Public Works Services Director. e) Whenever the Contractor is required to perform work or furnish equipment, labor, tools, and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools, and material shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools, and materials shall be included in the unit bid prices in the proposal and no additional compensation will be made, therefore. f) On or about the first day of each month, the Contractor shall present an invoice for the previous month for the contracted monthly amount. The invoice shall include the account number for each and the Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 22 of 59 purchase order number for this contract. g) Included with the monthly and/or material invoices will be notations of the routine work functions accomplished during that period that occur on frequencies greater than one month, e.g. quarterly or semi-annually, such as fertilization in accordance with Schedule I, chemical application. The quantity invoiced and paid shall be the total square feet shown in the Bid except that the Public Works Services Director shall have the right to increase or decrease the total quantity based upon documented field measurements. h) The Public Works Services Director will make payment monthly after verification of completion. Sites which, in the opinion of the Public Works Services Director, have not been maintained in accordance with the Contract Special Provisions will be deducted from the monthly payment in accordance with section 4.15, Deductions. i) Extra work shall be separately invoiced in accordance with the hourly rates and unit prices provided in the supplementary "Extra Work Schedule" of the contract bid. j) Draft extra work reports per Maintenance District should be delivered to the Public Works Services Director prior to invoice preparation. The purpose of which is to expedite the invoicing and payment process, and to approve the work for completion and payment. 4.2.15. DEDUCTIONS Deductions from monthly payments shall be divided into three categories: Performance on Schedule, Deficient Performance and Non-Performance. Payment deductions shall not be construed a penalty but as adjustment of payment to the Contractor for only the work performed, or as the cost to the City for inspection and other related costs from failure of the Contractor to complete the work according to schedule. a) Performance on schedule Failure of the Contractor to timely perform will result in additional inspection and administrative costs being incurred by the City. The sum of One Hundred Dollars ($100.00) per site may be deducted from payments to the Contractor for each calendar day where an item of work is not completed in accordance with the bi-weekly schedule submitted pursuant to Section 4.12. This deduction applies individually to each scheduled task or subtask listed herein that is not completed in accordance with the bi-weekly schedule. The maximum deduction per month for “Performance on Schedule” shall be equal to fifty percent (50%) of the total monthly contract price for routine maintenance. Deductions for “Performance on Schedule” are, at the City’s option, in addition to or in lieu of other remedies provided herein. b) Deficient Performance Level of Maintenance: In the judgment of the City, if the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 23 of 59 set forth within this document. The contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be deducted during the current billing period and shall continue to be deducted in subsequent billing periods until deficiency is corrected, without right to retroactive payments. The amount to be withheld per deficient site shall be the amount paid for the entire site. Minimum Manpower: Failure of the Contractor to comply with minimum required manpower, as listed in Schedule IV, Tables 1, 2, 3, and 4 submitted with the proposal, shall result in a deficiency deduction. The deduction shall be calculated by the following formula: (Labor Hours Proposed - Labor Hours Provided) ÷ Labor Hours Provided × Monthly Rate = Deduction Example: Labor Hours Proposed: 100 Labor Hours Provided: 80 Monthly Rate: $1,000 (100-80) ÷ 100 × $1,000 = $200 Deduction Other deficiencies: Examples include, but are not limited to, failure to comply with conditions, specifications, reports, schedules and/or directives from the Public Works Services Director. Any such deficiency will result in a deficiency deduction of One Hundred Dollars ($100.00) per instance per working day. The maximum cumulative deduction per month for “Deficient Performance” shall be equal to the sum of the monthly fees for all locations. Deductions for “Deficient Performance” are, at the City’s option, in addition to or in lieu of other remedies provided herein. c) Non-Performance Schedules: Failure to provide bi-weekly schedules in compliance with the contract specifications may result in a deficiency deduction of fifty Dollars ($50) per calendar day. Reports: Failure to provide reports in compliance with the contract specifications may result in a deficiency deduction of fifty Dollars ($50) per calendar day. Notifications: Failure to provide notifications to in compliance with the Contract Specifications may result in a deficiency deduction of One Thousand Dollars ($1,000) per instance. 4.2.16. DEFICIENT PERFORMANCE – NOTIFICATION AND CORRECTIVE ACTION a) The Contractor shall be notified both verbally and in writing, each time its performance is unsatisfactory and corrective action is necessary. b) Upon notification of deficient performance, the Contractor will be immediately subject to the deductions listed in Section 4.15. Deductions. c) The Contractor shall complete corrective action within the following time frames following notification: a. Weekly Duties Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 24 of 59 i. Deficient performance of Weekly Duties shall be corrected during the first working day following notification of deficiency. ii. If corrective work is completed during the first working day following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived. b. Bi-Weekly Duties i. Deficient performance of Bi-Weekly Duties shall be corrected within two working days following notification of deficiency. ii. If corrective work is completed within two working days following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived. c. Monthly Duties i. Deficient performance of Monthly Duties shall be corrected within four working days following notification of deficiency. ii. If corrective work is completed within four working days following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived. d. Bi-Monthly Duties i. Deficient performance of Bi-Monthly Duties shall be corrected within eight working days following notification of deficiency. ii. If corrective work is completed within eight working days following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived. e. Quarterly, Semi-Annual, and Annual Duties i. Deficient performance of Quarterly, Semi-Annual, and Annual Duties shall be corrected within ten working days following notification of deficiency. ii. If corrective work is completed within ten working days following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived. 4.2.17. WORK SITES x Heritage Park: 5546 Beryl Street x Red Hill Park: 7484 Vineyard Avenue Reference is also made to the maps included in Appendix B. 4.2.18. ADDITIONS During the term of the contract, landscapes may be added to or deleted from this contract. In addition, sites may be modified, or the landscape area audited, and the inventory adjusted accordingly. The Contractor will be Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 25 of 59 given no less than fifteen (15) calendar days’ notice prior to any changes to the inventory and pay quantities. Further, the Contractor may have the option of accompanying the City inspector on final inspection, prior to acceptance of the site, to comment about the condition of the site. Payment shall be adjusted based on the unit costs listed in the proposal. 4.2.19. QUALITY OF WORK All work shall be performed in accordance with the service level for which the work is contracted, and the best irrigation and landscape maintenance practices shall be implemented to provide aesthetically pleasing, healthy and safe parkways, paseos and medians. The Public Works Services Director or his representative shall be the sole judge as to the adequacy and quality of maintenance. All materials, equipment and supplies used to repair and maintain devises and materials pursuant to the specifications for Landscape and Irrigation Maintenance for Pd 85 Parks shall meet current City standards for the individual landscape sites. 4.2.20. INSPECTIONS Scheduled on a specific day of the week and on a semi-monthly basis during the middle of the month, the Contractor or their representative will walk and/or drive the project with the Public Works Services Director or their representative for the purpose of determining compliance with the specifications or to discuss required work. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and, if not corrected within the timeframes listed in section 4.16(c), shall be deducted in accordance with Section 4-15, Deductions. 4.2.21. REPLACEMENT OF LANDSCAPE MATERIALS & CITY PROPERTY The Contractor shall be responsible for replacement of dead plants, City property, and any other items deemed necessary due to contractor negligence. This includes (but is not limited to) trees, shrubs, and turf damaged by untrained or negligent equipment operators, fencing damaged by mower operator negligence, or the failure of the contractor to provide water to plant material. This includes sites where the irrigation cannot be repaired in a reasonable amount of time even in circumstances beyond the contractor’s control. If the irrigation cannot be repaired in a reasonable amount of time and it is out the contractor’s control, then the contractor shall use alternative irrigation methods including but not limited to a water tender, station masters, renting hydrant meters, etc. This type of temporary alternative irrigation shall be approved and paid as an extra by the City. 4.2.22. UTILITY BILLS The City shall bear all the costs for water and electricity used on the sites covered by this contract as billed on the regular monthly invoices received by the City from the utility agencies. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 26 of 59 4.2.23. CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORMWATER POLLUTION PREVENTION State and Federal guidelines for storm water pollution prevention are known as Best Management Practices (BMP’s). These practices will help reduce groundwater contamination and pollution to our wetlands, beaches, and coastlines. Since Landscaping can and does contribute to storm water pollution, BMP guidelines taken from the California Storm Water Quality Association’s Handbook are provided for the Contractor’s reference. In addition, these BMPs shall be reviewed with any new employee before he begins work in the field, and with all crews on at least an annual basis. (See Appendix C) 4.2.24. PERMITS Prior to the start of any work, the Contractor shall obtain the applicable City permits and plan for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 4.2.25. WORK AREA TRAFFIC CONTROL 4.2.25.1. TRAFFIC CONTROL PERMIT The Contractor shall prepare a permit application for street CLOSURE AND SHALL ATTACH TWO COPIES OF THE PROPOSED TRAFFIC CONTROL signing, barricading and/or detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no-fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence prior to issuance of said permit. 4.2.25.2. SIGNS, BARRICADES, AND DELINEATORS The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Joint Utility Traffic Control Manual (CJUTCM) published by the California Inter- Utility Coordinating Committee, the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. 4.2.25.3. TRAINING Upon award of the contract and before work can begin within the public right-of-way, the contractor shall provide written proof of work zone safety training of all supervisory staff. The contractor will be responsible for all work zone safety inspections and regular training of all staff setting up any traffic control. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 27 of 59 4.2.26. ROUTINE MAINTENANCE See section 4-14 for information on payment for routine maintenance tasks not listed on the cost proposal sheet. 4.2.26.1. TURF MAINTENANCE a) Mowing The Contractor shall use mulching-type mowers that are approved prior to use by the Public Works Services Director. An example of the completed work done by each mulching mower must be presented for approval to the Public Works Services Director. Regardless of the season, the mowing height of tall fescue shall be 2 ½ to 3” unless directed otherwise by the Public Works Services Director. All equipment shall be well maintained, adjusted properly, and blades shall always be kept sharp. All turf and adjacent hardscape areas are required to present a neat, clean, and relatively debris free appearance upon the completion of the mowing project for the day. Since this contract requires the use of mulching type mowers, this may require that accumulated debris including leaves, trash, tree bark, branches, twigs, etc. be removed from the turf and surrounding hardscape areas prior to mowing. Mowing dates shall be set on the Maintenance Schedule Chart to provide the required number of mowings per year. Work shall be performed on the same day each week. Mowing days will be coordinated with the City so that, if possible, mowing occurs 1 day prior to street sweeping. Street sweeper schedules will be provided to the contractor by the City Representative upon request. All mowing missed due to inclement weather shall be rescheduled within 3 working days on the weekly schedule and within 7 days on the biweekly schedule. If weather or ground conditions persist, the Public Works Services Director may change the annual schedule to allow fewer than the required number of mowings per year. Mowing Frequency Service Level B - All turf areas shall be mowed once per week during the period of March 1st through October 31st; and as required during the period November 1st through February 28th (February 29th in leap years). Service Level C - All turf areas shall be mowed every other week during the period of March 1st through October 31st; and as required during the period November 1st through February 28th (February 29th in leap years). Service Level D - All turf areas shall be mowed once per month throughout the year. b) Edging All turf grass borders including but not limited to valve boxes, curbs, mow curbs, pads, headers, turf and planter interfaces without headers, sidewalks, and tree wells, shall be neatly and uniformly edged concurrently with every mowing. Mechanical methods shall be used except where physically not possible or Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 28 of 59 practical. Tree wells and valve boxes in turf areas shall be trimmed concurrently with each mowing. Trimming shall be done in a manner to prevent any damage to the tree trunk. "Arbor-Guards" or approved equal shall be kept in place at all times on all tree trunks 4” in diameter or less within turf areas. Bare-soil tree wells are required in all turf areas and shall be maintained by chemical, not mechanical means. Edging Frequency Service Level B - Concurrent with mowing, the contractor shall edge all turf grass borders once per week during the period of March 1st through October 31st; and as required during the period November 1st through February 28th (February 29th in leap years). In addition, an edger with a metal blade will be required for use on all turf grass borders at least once per month during the period of March 1st through October 31st. Service Level C - Concurrent with mowing, the contractor shall edge all turf grass borders every other week during the period of March 1st through October 31st; and as required during the period November 1st through February 28th (February 29th in leap years). An edger with a metal blade will not be required as part of the turf maintenance program at Service Level C. Service Level D - Concurrent with mowing, the contractor shall edge all turf grass borders once per month throughout the year. An edger with a metal blade will not be required as part of the turf maintenance program at Service Level D. c) Fertilization Fertilizer shall be applied in such a manner as to insure uniform coverage with minimum overlap. Turf shall be free of moisture at the time of application. Application of the fertilizer shall be done in sections coinciding with the areas covered by the timing stations on the automatic controllers in order that the soil may be thoroughly moistened immediately after the broadcast of fertilizer. All damages resulting from the use of unauthorized fertilizers or improper watering after fertilization shall be repaired or replaced at the expense of the Contractor. Fertilization Frequency Service Level B - The contractor shall fertilize all turf areas in accordance with Schedule I. Service Level C - The contractor shall fertilize all turf areas in accordance with Schedule I. Service Level D - Fertilization of turf areas is not required as part of routine maintenance. The City may request fertilization in addition to the above-described work. Any additional fertilization requested requires written pre-authorization by the Public Works Director or his agent and will be paid as extra work. d) Aeration Aeration Frequency Service Level B - The Contractor shall not be required to aerate turf areas. Service Level C - The Contractor shall not be required to aerate turf areas. Service Level D - The Contractor shall not be required to aerate turf areas. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 29 of 59 e) Overseeding (Overseeding requires written pre-authorization by the Public Works Director or his agent and will be paid as extra work.) All overseeding shall be done with a seed type or blend approved by the Public Works Services Director. The Contractor shall over seed where needed in such a manner as to insure uniform growth with minimum bare areas. One month prior to overseeding, the Contractor shall notify the Public Works Services Director for approval of scope of work. Overseeding will be scheduled either in early fall or early spring. Fertilization and overseeding will be concurrently applied. Prior to overseeding, the area will be dethatched as required. Grass seed shall be applied at the rate specified on the label for the type of seed being used. Seed quality shall meet the following criteria: Minimum purity shall be 98% weed free for all grasses; minimum germination rate shall be 85% for all grasses; no seed shall be applied without prior verification of seed mix and quality by the Public Works Services Director. Once seed has been applied, the contractor shall firm the soil and cover the seed with a high-quality compost top dressing to prevent erosion and reduce evaporation of soil moisture. Pre-emergent herbicide applications shall be applied no sooner than three (3) mowings following seed germination. Overseeding shall not be done within at least four months of any pre-emergent herbicide application or as directed on the pesticide label – whichever length of time is greater. 4.2.27. SHRUB, GROUNDCOVER, DECOMPOSED GRANITE (DG) AND VINE MAINTENANCE 4.2.27.1. SHRUB MAINTENANCE Note: Shrub maintenance shall be performed at the service level for which ground cover maintenance is contracted. Payment for shrub maintenance shall be included in the price proposed for groundcover maintenance. All shrubs growing in the work areas shall be pruned, as specified herein, to consistently maintain plants in a healthy, growing condition, and to maintain plant growth within reasonable bounds to prevent encroachment of passageways, walks, adjacent properties, streets, view of signs, traffic or in any manner deemed objectionable by the Public Works Services Director. Dead or damaged limbs or branches shall be removed immediately, and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 30 of 59 Shrub Maintenance Frequency Service Level B - The Contractor shall shear all shrubs as often as required such that each shrub is attractive and neat without encroaching upon any adjacent improved area, street, or sidewalk, or otherwise becoming a public hazard. Shearing shall be done in a manner to permit plants to grow in accordance with their natural growth characteristics. Shrubs shall not be individualized and/or sheared into “boxed,” “balled” or any other unnatural shapes. The Contractor shall fertilize the entire shrub planter once per year using 15-15-15 with trace elements or approved equal. All other applications that may be requested by the Public Works Director shall be paid as extra work. Fertilization periods shall be recorded on the Maintenance Schedule Chart. Service Level C - The Contractor shall shear all shrubs two times per year in the spring and fall such that each shrub is attractive and neat without encroaching upon any adjacent improved area, street, or sidewalk, or otherwise becoming a public hazard. Shearing shall be done in a manner to permit plants to grow in accordance with their natural growth characteristics. Shrubs shall not be individualized and/or sheared into “boxed,” “balled” or any other unnatural shapes. The Contractor shall not be required to fertilize shrubs at “C” level. Service Level D - The Contractor shall shear all shrubs one time per year in the fall or whenever the City Public Works Director (or his agent) deems the shrub to be a hazard. Shrubs shall be trimmed such that each shrub is attractive and neat without encroaching upon any adjacent improved area, street, or sidewalk, or otherwise becoming a public hazard. Shearing shall be done in a manner to permit plants to grow in accordance with their natural growth characteristics. Shrubs shall not be individualized and/or sheared into “boxed,” “balled” or any other unnatural shapes. The Contractor shall not be required to fertilize shrubs at “D” level. 4.2.27.2. GROUND COVER MAINTENANCE Trim ground cover adjacent to any hardscape, structure, fixture, plant, or other area into which it should not encroach including, but not limited to, walks, walls, curbs, mow curbs and fences as required for general containment to present a neat, clean appearance of the planter and surrounding hardscapes within the landscape site. All sidewalks, mow curbs, boxes, etc. shall be edged completely with all remaining soil, groundcover and other debris removed completely off these surfaces. A flat shovel will often be required to conform with this specification. Any paper, litter, or other debris including, but not limited to, excessive pine needles or leaf litter, large rocks, or anything else that accumulates in ground cover areas, shall be picked up concurrent with trimming. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 31 of 59 Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into shrubs, or on structures or walls. Keep it trimmed back approximately 4 inches from structures or walls. Coordinate trimming around base of shrubs/trees with the City Representative. Bare soil areas shall be replanted, composted, or wood chipped as directed. Coordinate replanting/chipping with the City Representative. The contractor shall pay the costs to replant/mulch bare soil areas caused by contractor negligence. Negligence includes (but is not limited to) the failure to provide water to sites that cannot be repaired in a reasonable amount of time due to circumstances beyond the control of the contractor. Groundcover Maintenance Frequency Service Level B - The Contractor shall on a monthly basis trim ground cover adjacent to any hardscape, structure, fixture, plant or other area into which it should not encroach. The Contractor shall on a bi-weekly basis clean any accumulated debris and trash from all ground cover areas. The Contractor shall fertilize 100% of all ground cover areas once per year in the spring with 15-15-15 or approved equal. All other applications that may be requested by the Public Works Director shall be paid as extra work. Fertilization periods shall be recorded on the Maintenance Schedule Chart. The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard. The Contractor shall mechanically "bowl", as often as is required, around all irrigation heads that are blocked by ground cover. Service Level C - The Contractor shall on a bi-monthly basis trim all ground cover adjacent to any hardscape, structure, fixture, plant, or other area into which it should not encroach. The Contractor shall on a bi-weekly schedule clean any accumulated debris and trash from all ground cover areas. The Contractor shall not be required to fertilize ground cover. The Contractor shall at the direction of the Public Works Services Director, mow, or otherwise lower, to a height of three inches all ground cover that is a fire hazard. The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard. The Contractor shall mechanically or chemically "bowl" as often as is required around each irrigation head that is blocked by ground cover. Service Level D - The Contractor shall on a monthly basis trim all ground cover adjacent to any hardscape, structure, fixture, plant or other area into which it should not encroach. The Contractor shall on a monthly schedule clean any accumulated debris and trash from all ground cover areas. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 32 of 59 The Contractor shall not be required to fertilize ground cover. The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard. 4.2.27.3. DECOMPOSED GRANITE (DG) To reduce water use, maintenance, and run-off; some areas within this contract may currently (or in the future) contain relatively small areas of DG as a landscape element. These relatively low maintenance areas are contained within the landscape and do not include equestrian and walking trails. DG areas shall be inventoried and paid at the same monthly unit cost as groundcover. Any paper, litter, rocks, trash, or other debris that accumulates in these DG areas shall be picked up at the frequencies specified in Section 4.26.5, Debris and Trash Removal. The Contractor shall provide complete and continuous control and/or eradication of all weeds, roots, suckers, and pests. Pests include, but are not limited to insects, other invertebrates, and rodents. Pests may be controlled by mechanical means as well as with chemicals. The contractor shall provide maintenance of all non-trail DG surfaces within the landscape at no additional cost to the City. Maintenance shall include but will not be limited to filling and compacting low areas, ruts, washed- out areas, vandalized areas, and any other area deemed hazardous. Maintenance shall include not only the repairs but shall also include the removal of eroded or contaminated DG materials from sidewalks, drains, curbs, gutters, cobble, turf areas, planters, and any other areas where the DG does not belong. Eroded DG materials shall not be re-used in the trails or landscape and these materials shall be disposed of off-site at no additional cost to the City. Surface repair materials shall be clean and uncontaminated stabilized California Gold DG maintained at Header, sidewalk, and curb height. DG is available from Gail Materials in Corona, CA Phone no. (951) 667-6106. Submittal of all DG materials to the Public Works Services Director (or his agent) is required prior to any and all surface repairs. Materials placed without prior approval that do not meet City specifications will be removed and replaced at the expense of the contractor. Proper placement will require good preparation, wetting and compaction. DG shall be placed, wetted, and compacted at no more than 2” of lift at a time. In some cases, an additional lift may be required for the repair. Remove rocks, debris and loose materials and grade smooth. For each 2” of lift, spread the material over the area and grade level and smooth. Take the time necessary to thoroughly water the entire area to ensure the entire depth and profile is moist. Use a shovel to confirm moisture depth. Once properly wetted, roll, vibra- plate, or tamp the surface and allow enough time to dry. The surface shall be flush with all curbs, walks, headers Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 33 of 59 and drains. In some instances, it may be necessary to build the material ¼” higher than the hardscapes to promote proper drainage. Decomposed Granite Surface Repair Frequency Service Level B - Surface repairs shall be performed in May when the rainy season has ended, or when it has been determined by the Public Works Services Director (or his agent) that there is an immediate safety hazard. The off-site removal and disposal of eroded DG materials shall be complete and continuous as required. Service Level C - Except for the removal of eroded materials, surface repairs will be completed by City crews. The off-site removal and disposal of eroded DG materials shall be performed by the contractor completely and continuously as required. Service Level D - Removal of eroded materials and surface repairs will be completed by City crews. 4.2.27.4. VINE MAINTENANCE Vines are to be maintained such that they always present a neat appearance and are not a public hazard. To help prevent vines from falling off the wall, vines are to be trimmed and maintained closely to the wall to which they are attached. Vines that are not growing over the top of a wall will not be allowed to grow over the top. Vines that are growing over the top of a wall will be neatly trimmed on the city side and along the top without allowing clippings to fall onto the homeowner's side. Cut as few vines growing over to the homeowner's side as is necessary to achieve a neat appearance on the top of the wall but attempting not to kill the vines on the homeowner's side. If a homeowner requests that the City's vines be removed from the homeowner's side, remove them by pulling the vines from the homeowner's side to the City side and trimming off the excess. In addition to trimming vines at the top of the wall, vines shall also be trimmed along the bottom of the wall to prevent them from encroaching into and damaging irrigation, groundcover, hardscapes, trees, shrubs, trails, and sidewalks. The Contractor will not remove any vines from the homeowner's side without the homeowner's permission. The Contractor will reattach to a wall any vines that fall off a wall by using the attachments detailed on City Standard Plan #510. Vine Maintenance Frequency Service Level B - The Contractor shall trim vines twice per year in March and September. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 34 of 59 The Contractor shall immediately re-attach to a wall or fence any vines that fall off a wall by using the attachments required on the construction plans for the site. Concurrent with March and September vine trimming, the Contractor shall twice per year remove vines that grow into undesirable places such as groundcover, hardscapes, trees, or shrubs. Service Level C - The Contractor shall trim vines once per year in Fall. The Contractor shall re-attach to a wall or fence once per year in Fall vines that fall off the wall by using the attachments required on the construction plans for the site. The Contractor shall annually, in Fall, remove all vines that grow into undesirable places such as groundcover, hardscapes, trees or shrubs. Service Level D - The Contractor shall trim vines once per year in Fall, or whenever the vines present a public safety hazard. 4.2.27.5. TREE MAINTENANCE a) All trees in the work site shall be maintained in their natural shapes. Work shall be accomplished in a manner which will ensure that each individual tree is carefully maintained as described in Appendix A, Pruning Standards, to promote the health and appearance of the tree. All work shall be of the highest quality, performed in accordance with the International Society of Arboriculture's (ISA) standards. The Contractor shall only be responsible for tree pruning as called out herein. Tree work not described herein will be the responsibility of the City’s Urban Forestry Division and their tree maintenance contractor. b) Low branches overhanging park and paseo maintenance driveways, and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet. c) Young trees that need training shall be pruned on a continuing basis as needed. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote establishment, increased caliper, and a strong tapered trunk. If there are any doubts or questions, contract the Public Works Services Director or his representative. d) On all newly planted and unestablished trees (except for palms) Agriform 20-10-5 Plant Tablets (or approved equal) shall be applied as per the manufacturer's directions. All Date Palms shall be fertilized in spring and fall with an approved Palm specific fertilizer. Fan Palms shall not be fertilized unless otherwise directed by the Public Works Director. e) The Contractor shall bring to the attention of the Public Works Services Director within twenty-four (24) hours any tree that shows signs of root heaving, leaning, having hanger limbs, or for any reason is a safety hazard. f) The City shall bear all costs for the removal and replacement of dead or dying trees unless the need for removal was due to faulty maintenance or negligence. Faulty maintenance or negligence includes (but Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 35 of 59 is not limited to) mower and string-trimmer damage. The Contractor, as determined by The Public Works Services Director, shall replace trees requiring replacement due to faulty maintenance or negligence. Replacement shall be made by the Contractor in the kind and size of trees as determined by the Public Works Services Director. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the Public Works Services Director using the latest edition of ISA’s “Guide for Plant Appraisal” written by the Council of Tree and Landscape Appraisers. g) All trees requiring staking shall always be securely staked with two approved stakes set perpendicular to prevailing NE winds and secured to the stakes with at least two flexible ties and approved by the Public Works Services Director. The ties and stakes shall be inspected regularly to ensure against girdling and abrasion. Stakes shall not be allowed to touch the trunk or any major lateral branches. Therefore, reducing the height of the stakes may be required to prevent damage. Stakes shall be removed as soon as it is determined that a tree can stand on its own without support. Should 36-inch box or larger sized trees need guying, the cost shall be paid by the City. h) Except for irrigation, debris removal, and fall and spring fertilization, the City shall perform all maintenance on palm trees within the worksite. Tree Maintenance Frequency Service Level B - Low branches overhanging park and paseo maintenance driveways, streets, sidewalks, parkways, and equestrian trails shall continuously be maintained at the following heights above grade: x Low branches overhanging park and paseo maintenance driveways, and all streets shall be raised to a height of thirteen (13) feet above street grade. x Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. x Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet above grade. Low hanging tree branches shall be trimmed as required as to not encroach onto shrubs and surrounding plant materials as well as provide an aesthetically pleasing appearance. The Contractor shall maintain young trees in a "tipped-back", not stripped, condition. The Contractor shall maintain the staking for each tree requiring staking in accordance with the current City tree planting standard. All tree hazards that are beyond the scope of the specifications of this contract shall be immediately reported to the Public Works Service Director or his representative. Service Level C - As often as required for safety purposes, low branches overhanging park and paseo maintenance driveways, streets, sidewalks, parkways, and equestrian trails shall be raised to the following heights above grade: x Low branches overhanging park and paseo maintenance driveways, and all streets shall be raised to a height of thirteen (13) feet above street grade. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 36 of 59 x Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. x Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet above grade. Low hanging tree branches shall be trimmed in Fall as to not encroach onto shrubs and surrounding plant materials as well as provide an aesthetically pleasing appearance. hanging tree branches shall be trimmed as required as to not encroach onto shrubs and surrounding plant materials as well as provide an aesthetically pleasing appearance. All tree hazards that are beyond the scope of the specifications of this contract shall be immediately reported to the Public Works Service Director or his representative. Young trees requiring staking or training shall be reported to the Public Works Services Director. Service Level D - As often as required for safety purposes, low branches overhanging park and paseo maintenance driveways, streets, sidewalks, parkways, and equestrian trails shall be raised to the following heights above grade: x Low branches overhanging park and paseo maintenance driveways, and all streets shall be raised to a height of thirteen (13) feet above street grade. x Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. x Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet above grade. All tree hazards that are beyond the scope of the specifications of this contract shall be immediately reported to the Public Works Service Director or his representative. Young trees requiring staking or training shall be reported to the Public Works Services Director. 4.2.28. IRRIGATION MAINTENANCE 4.2.28.1. GENERAL a) Irrigation shall be done using automatic sprinkler systems where available and operable. However, failure of an existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas within the work site. Providing full and adequate coverage may require hand watering, a station master, a battery backup, or a water tender. This type of watering may be billed as an extra on a case-by-case basis depending upon the circumstances. Failure to comply with this specification resulting in loss of plant material will be subject to the remedies in section 4.21, Replacement of Landscape Materials & City Property. Field controllers are installed for scheduling. The field controllers communicate with a central computer to receive daily evapotranspiration data. b) The irrigation schedule for each controller will be set by the City’s Water Management Team along with Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 37 of 59 regular input from the contractor's account manager. The elements of the schedule to be set by City Staff are days of the week to irrigate, start times, finish times, minutes per cycle, soak in times, demand and percentage of daily evapo-transpiration per station and assignment of stations to programs. These settings will be done within the guidelines established by the City. c) The Contractor will be expected to use the absolute minimum amounts of water in all areas required to maintain healthy plant growth. With regular required contractor input, the Water Management Team will adjust the soil depletion numbers and percentages of evapo-transpiration for each station on the field controller to ensure that the zone covered by each station is not too dry or too wet. d) The Contractor shall periodically inspect the operation of the systems for any malfunction. The Contractor shall maintain all sprinkler systems, at no additional cost to the City, in such a way as to guarantee proper coverage and full working capability; and make whatever adjustments may be necessary (including raising the sprinkler heads to the proper height) in order to provide proper irrigation to plants and to prevent excessive runoff into street rights-of-way or other areas not meant to be irrigated. e) The periodic inspections may occur more often, but not less frequently than one inspection each week. No watering shall be done during the day unless approved by the Public Works Services Director. The Contractor must provide adequate personnel to observe any irrigation system operations during the day. f) In addition to the weekly inspections, written quarterly irrigation system reports will also be required for each landscape site in the contract. Reports shall include but are not limited to the following information: name of inspector, site number, date, recommended schedule changes, recommended upgrades, soil moisture and depth, repairs made, repairs needed, overall coverage and distribution, and overall condition of the turf, planters, and trees. Reports shall be attached to the monthly routine billing and will be required for monthly payment. g) Sprinkler heads will be kept clear of overgrowth that may obstruct operation. Chemical edging with herbicides around turf heads will not be permitted. However, an approved plant growth regulator may be used. h) Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the Public Works Services Director. i) The centralized irrigation control will be operated by City employees. The field controllers communicate alerts to the Centralized irrigation control. 4.2.28.2. SHRUB BEDS & PLANTER AREAS Shrub beds and planter areas shall be irrigated as required, to maintain horticulturally acceptable growth and color, and to promote deep rooting. Irrigation rates for shrub and planter areas shall be applied in such a manner as to keep surface runoff at a minimum. The irrigation rates shall be adjusted to the needs of shrub types, seasons, weather conditions, and water budget. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 38 of 59 4.2.28.3. TURF AREAS Turf areas shall be irrigated as required to maintain acceptable growth and color. Turf areas shall be maintained using the least amount of water possible. These low water use specifications will cause some slight stress. However, if horticultural programs such as regular aerification, correct mower heights, proper fertility, weed control, and required system maintenance/programming is implemented, the stress should be mild enough for the turf plants to recover quickly when irrigated. Irrigation shall be applied in such a manner as to reduce runoff yet provide deep watering to promote deep rooting and improved drought resistance. 4.2.28.4. NEW PLANT MATERIALS Newly planted trees, shrubs, ground cover and turf shall receive adequate and regular attention until these plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period. Routine supplemental deep watering either by quick coupler, water tender, or by the installation of a supplemental irrigation system will be required to avoid dead plant material as well as the prevention of overwatering established plants located on the same hydro- zone. 4.2.28.5. REPAIRS AND REPLACEMENT Routine repairs to irrigation systems such as replacement of wiper seals, worn or broken nozzles, heads and risers and other routine maintenance shall be completed by the Contractor at no cost to the City. Replaced or newly installed irrigation heads shall be identical to the heads specified in the approved City Standard Plans unless otherwise specified by the Public Works Services Director or his representative. Further, any other irrigation work shall also conform to the current approved City Standard Plans. Any deviation from these plans is considered a variance and all variances shall be approved in writing by the Public Works Services Director or his representative prior to the commencement of any work. Costs of repairs to backflow preventers, pressure lines, valves, irrigation pumps and controllers requires written pre-authorization by the Public Works Director or his agent and will be paid as extra work. Additionally, costs of repairs beyond the control of the Contractor such as vandalism, vehicular accidents, acts of nature, or other events not deemed contractor negligence shall also be paid as extra work. Any irrigation repairs requested by the Public Works Services Director (including but not limited to alerts) are required to be expeditiously corrected within a reasonable amount of time. 4.2.29. PEST CONTROL The Contractor shall provide complete control and/or eradication of all plant pests and weeds at the frequencies specified herein. Pests include, but are not limited to, insects, mites, other invertebrates, pathogens, nematodes, and vertebrates. Pests may be controlled by mechanical means as well as with chemicals. Chemical controls may include plant growth regulators. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 39 of 59 Annually at the time of contract renewal, the Contractor shall submit a list for approval by the Public Works Services Director of all chemical pesticides proposed for use under this contract. Attached to the list will be the current label and safety data sheet (SDS), for each chemical on the list. Additionally, any changes or updates made to this list shall be supplied to the Public Works Services Director as they are made. Materials included on this list shall be limited to chemicals approved for use by the State of California Department of Food and Agriculture. No chemical pesticide shall be applied until its use is approved in writing by the Public Works Services Director. The application of chemicals shall conform to the current California Department of Food and Agriculture regulations. Use of all E.P.A. registered pesticides must be preceded by notification to the Public Works Services Director a minimum of one week prior to the planned application date. The notification must be in writing and shall include the pest control advisor's written recommendation and State of California Agriculture Pest Control Advisor License number. A permit from the County Agricultural Commissioner's office to apply any restricted use pesticide must be obtained, and a notice of intent shall be filed at least forty-eight (48) hours before applications with the San Bernardino County Agricultural Commissioner's office as per State and County guidelines. Only the safest, lowest odor and most environmentally friendly pesticides shall be used whenever possible. In addition, integrated pest management techniques shall also be used whenever possible, e.g., use of approved biological, mechanical, or exclusionary control methods. The Contractor shall select and supply proper materials and licensed personnel and obtain any necessary permits, licenses, registrations, and pest control advisor recommendations, to comply with City, County, State or Federal regulations and laws. Copies of all County and State licenses, registrations, and permits required shall be supplied to the Public Works Services Director on an annual basis. The contractor will assume responsibility and liability for the use of all chemicals and their applications. Spray pattern indicators or dye markers shall not be used anywhere within this contract without the expressed written consent of the Public Works Services Director. The Contractor's applicator shall hold a valid Qualified Applicator License or a Certified Commercial Applicator Certificate, issued by the State of California Department of Food and Agriculture, and be certified, or licensed, in at least Categories B and C. The Contractor must supply the City with a photocopy of the License or Certificate. If subcontractors are used for any pesticide applications, photocopies of their License or Certificate, County Registration and City Business License must be provided. Pest control advisor recommendations shall be written for all types of chemical applications made in City parks or rights-of-way. Recommendations shall be written on forms approved by the San Bernardino County Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 40 of 59 Agricultural Commissioner and a copy shall be provided to the Public Works Services Director prior to the application for his approval. All recommendations shall follow the guidelines set forth by the State and County Departments of Food and Agriculture, regarding pest control advisor recommendations. Pest control recommendations are registered by the County for one calendar year in January. Therefore, updated recommendations shall be submitted every January. Pesticide application records shall be kept on forms identical to the format provided in Schedule II. A copy of each application form shall be provided to the City at the time of monthly invoicing. Additionally, and prior to bid acceptance or contract renewal, the contractor shall provide to the Public Works Services Director a schedule outlining a written annual integrated pest management plan describing what products and/or alternative methods of pest control that will be scheduled each month. This monthly information shall include: x The target pest (gophers, grassy weeds, broadleaf weeds, shrub growth, insects, etc.) x The type of control method to be used (mechanical, chemical, cultural) x Where the method of control will be used (turf, hardscape, groundcover, mulchscape) x The name of the product to be used (Roundup Pro, Dimension, Ronstar, etc.) x The type of product to be used (Pre-emergent, PGR, insecticide, rodenticide, etc.) x The application rate to be used (lbs. or ozs. per acre or per 1000 sq. ft.) Pest Control Frequency Service Level B - Complete and continuous control and/or eradication of all Landscape pests and weeds. Service Level C - Complete, thorough, and consistent control and eradication of all Landscape pests and weeds within the landscape every 90 days or whenever the Public Works Services Director determines that a pest or weed problem has become a public health or safety hazard. Complete, thorough, and consistent control of weeds shall include the use of pre- emergent herbicides broadcast over the entire planter area, as well as post emergent herbicides spot sprayed as required to achieve complete weed control. Complete, thorough, and consistent weed control utilizing the proper selection and application of herbicides on schedule, will result in a relatively acceptable level of control for this reduced service level lasting the entire length of the 90-day period. Service Level D - Complete, and thorough control and eradication of all Landscape pests and weeds within the landscape two times per year (Spring and Fall) or whenever the Public Works Services Director determines that a pest or weed problem has become a public health or safety hazard. Complete and thorough, control of weeds shall include the use of pre-emergent herbicides broadcast over the entire planter area, as well as post emergent herbicides spot sprayed as required to achieve complete weed control. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 41 of 59 4.2.30. TRAIL MAINTENANCE Some sites within the Parks will have trails. Trails are defined as any PVC fencing and/or headers delineating one or both sides of a decomposed granite (DG) surface and the decomposed granite itself. Trail maintenance and surface repairs may be required and will be paid as extra work. The scheduling of any trail repairs shall occur at the direction of the Public Works Services Director. The City will be responsible for all other trail maintenance within the Parks except for excessive irrigation runoff and encroaching plant material from contractor-maintained landscapes; debris caused by landscape maintenance; eroded mulch and soil from contractor-maintained sites, broken PVC fencing caused by Contractor negligence; and any other trail maintenance problem caused by Contractor negligence. a) All roadways and exercise stations surfaced with decomposed granite shall be maintained in a smooth, safe, compacted condition. b) At the City’s expense, decomposed granite shall be imported as necessary to maintain surfaces. Imported decomposed granite shall meet or exceed the quality of the existing material, have a stabilizing compound and must be approved by the Public Works Services Director prior to placement. c) Any significant ruts or trail hazards must be immediately reported to the Public Works Services Director or his representative. 4.2.31. HARDSCAPE MAINTENANCE Hardscape is all masonry or rock materials on a site from the edge of the asphalt/curb and gutter to the tract wall – the edge of the asphalt/curb and gutter shall include the crack or void between the asphalt and the concrete. Hardscape includes features within the landscape such as curbs, mow curbs, cobblestones, concrete pavers and concrete flowlines and sidewalks. All hardscape is to be maintained within the landscape site (including sidewalks) at the frequencies listed below. Maintenance shall include keeping the hardscape clean, debris- and weed free by using whatever approved methods are necessary. Graffiti removal is not required but known instances of graffiti shall be reported immediately to the City Graffiti Hotline at 909-481-7999. Also, any spills, stains or damage on the hardscape shall be reported to the Public Works Services Director or his representative. This contract may or may not have hardscapes listed separately on a site inventory or paid separately from the turf and groundcover areas. In either case, all hardscapes shall be maintained as part of the landscape maintenance contract at the same service level as the adjacent landscape. Service Level B - The Contractor shall on a bi- weekly basis, remove any weeds, trash and debris that accumulates on the hardscape. Service Level C - The Contractor shall, on a bi-weekly basis, remove any weeds, trash and or debris that accumulates on the hardscape. Service Level D - The Contractor shall, on a monthly basis remove any weeds, trash and or debris that accumulates on the hardscape. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 42 of 59 4.2.32. MULCH CAPE MAINTENANCE “Mulchscape” refers to formerly landscaped areas that have been renovated and removed from regular contract maintenance. These areas will be covered with a layer of composted mulch and/or wood chips and use little or no water. Any trees growing within the mulchscaped sites will remain after conversion. Additionally, some low- maintenance shrubs and groundcover may remain whenever practical. Any maintenance on remaining groundcover or shrubs within the mulchscaped areas may be billed as extra work. Maintenance of these areas will include the following: Service Level B - Mulchscaped areas will be consistently maintained on a weekly basis to present a neat and clean appearance free of trash and accumulated debris. In May of each year, mulch will be added to all mulchscaped areas as required to restore the depth of mulch to three inches throughout each mulchscaped site. Submittals are required for approval by the Public Works Services Director or his representative on all materials prior to installation. Service Level C - On a bi-weekly basis, mulchscaped areas will be maintained to present a neat and clean appearance free of trash and accumulated debris. When specified by the Public Works Services Director, mulch shall be applied by the contractor to a depth of no less than three inches and billed as extra work. Submittals are required for approval by the Public Works Services Director or his representative on all materials prior to installation. Service Level D - On a monthly basis, mulchscaped areas will be maintained to present a neat and clean appearance free of trash and accumulated debris. When specified by the Public Works Services Director, mulch shall be applied by the contractor to a depth of no less than three inches and billed as extra work. Submittals are required for approval by the Public Works Services Director or his representative on all materials prior to installation. 4.2.33. SPORTS FIELD MAINTENANCE Renovations Sports fields may be renovated annually. Any renovations will be paid as extra work. The scheduling of the annual renovation process shall occur at the direction of the Public Works Services Director which may change yearly according to team’s schedules. The fields shall be closed to public access for a period of 8-12 weeks for the renovation and re-establishment to occur. The field perimeters shall be fenced for this period of time. The field perimeter shall be enclosed by installing temporary chain-link fencing. The fencing shall be 8 feet in height and have gated vehicular access to the fields at all parks. Each field shall be gated individually to ensure non-interference with track use during the renovation period. The chain-link fencing shall be installed and removed at the Contractor’s expense. Installation and removal dates shall be set by the Public Works Services Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 43 of 59 Director. All fence failures shall be repaired immediately at the Contractor’s expense. 4.2.34. PLAYGROUND MAINTENANCE Playground Inspections Routine inspections shall be conducted daily by a responsible, trained employee of the Contractor. The Contractor shall inspect the playground areas for obvious safety concerns such as vandalism, necessary raking of surfacing materials, missing signage, walkway debris, and hazard removal. The Contractor shall inspect each piece of playground equipment in accordance with the High Frequency Inspection form and guide provided by the Public Works Services Department. Documentation of High Frequency Inspections may be performed using the High Frequency Form. Forms will be delivered on a daily basis to the City’s Parks Facilities Maintenance Supervisor. 4.2.35. PICNIC AREA MAINTENANCE Picnic tables, benches, slabs, cooking grills, sinks, trash containers and receptacles shall be cleaned and sanitized weekly to ensure safe conditions for use by the public. Picnic tables and benches shall be checked for graffiti, carvings, looseness of planks or braces, cleanliness and general need of repair. The Contractor’s observation of the general need of repair or replacement of fixtures shall be immediately reported to the Public Works Services Director orally and thereafter in writing. Ashes partially burned charcoal, garbage and leftover food in and around cooking grills and picnic facilities shall be removed. The entire picnic area shall be kept free of broken glass, cans, food, paper, and other debris. Picnic areas shall be pressure-washed as directed. 4.2.36. HARD COURT MAINTENANCE Hard playing court surfaces shall be swept on a weekly basis. The contractor will not be responsible for the replacement of worn netting or wind screens. 4.2.37. RESTROOM MAINTENANCE All restrooms shall be cleaned thoroughly in accordance with the following tasks, and all tasks shall be completed prior to 8 a.m. unless otherwise specifically authorized by the Public Works Services Director. The City will be responsible for locking the restrooms each night. d) All stainless fixtures shall be cleaned at the scheduled interval specified below using a stainless cleaner that removes hard water deposits, disinfects and polishes the fixtures. e) Remove debris and trash, then sweep floor. Removed materials are not to be swept outside of the restroom. f) Wash down walls and floors as needed. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 44 of 59 g) Check and refill all toilet paper dispensers as needed. h) Remove all graffiti using graffiti removal materials, other scrubbing techniques, or paint. i) Remove spitballs, cobwebs, and other foreign materials from doors, walls, ceilings, partitions, vents, etc. j) Perform high and low dusting of ledges, tops of partitions, etc. using a dampened cloth or other device. k) Disinfect the inside of urinals and toilets. l) Disinfect the top and bottom of toilet seats, fixtures, and surfaces of and surrounding each fixture. m) Disinfect stall walls and other areas where hands are normally placed. Clean doors and door frames. n) Disinfect around urinals, under sinks, around floor drains, and other areas where bacteria might breed. o) Disinfect sinks. p) Scrub sinks and wipe dry. Use a small scrub brush to clean corners, cracks, and narrow areas. q) Scrub inside surfaces of toilets and urinals using a hard water cleaner that will remove hard water stains and deposits. Be sure to scrub under the upper lip. r) Scrub outside of toilets, urinals, and rear wall. s) Wipe toilet seats, toilet bowls, urinals, and fixtures until dry. t) Spot clean walls and scrub handprints, etc. from walls and partitions and wipe dry. u) Disinfect and mop floors, making sure that corners, drains, areas around toilets, and feet of partitions are thoroughly cleaned and there is no accumulation of dirt or other matter. Leave the floor as dry as possible. v) Deodorize the restrooms. w) Immediately notify the Public Works Services Director of any irregularities or hazards. x) If running water, broken fixtures, or plugged sewer lines cannot be normalized or isolated, the restroom is to be locked, signed as “Closed for Maintenance,” and the Public Works Services Director immediately notified. y) Wash off any dirt clods, mud or foreign material from the outside of the restroom. Clean top and sides of drinking fountains outside of restrooms and clear drains. z) All areas are to be left clean and free of streaks, stains, film, debris, water spots, and odors. All fixtures shall be clean, including piping. aa) All leaking fixtures, clogged drains, stopped up or damaged basins, toilets, or urinals, and damaged or inoperable lighting fixtures that cannot be repaired by the following shall be reported to the Public Works Services Director: (a) tightened to stop leaks, (b) unclogged by using a “plumber’s helper” or short “snake”. The Contractor shall submit a list for approval by the Public Works Services Director of all cleaners, disinfectants, and deodorizers proposed for use under this contract. Attached to the list will be the current label and material safety data sheet for each product on the list. No product shall be used until its use is approved in writing by the Public Works Services Director as appropriate. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 45 of 59 4.2.38. PIPE CHASE MAINTENANCE Dust, clean and sweep all pipe chases. Immediately clean up any spills and keep each pipe chase neat and clean at all times. Pipe chases may be utilized by the Contractor for storing Contractor’s equipment and supplies which shall be arranged in an organized and neat manner. 4.2.39. DRINKING FOUNTAIN MAINTENANCE Drinking fountains shall be cleaned by scrubbing, drying, and polishing the fixture. Stainless steel fountains shall be cleaned with an approved stainless-steel cleaner that cleans, disinfects, removes hard water deposits and polishes the fixtures. Leaking fixtures shall immediately be reported to the Public Works Services Director orally and thereafter in writing. For leaking fixtures, the water valve shall be turned off. The City shall be responsible for the repair or replacement of drinking fountains and fixtures. 4.2.40. TRASH RECEPTACLE MAINTENANCE There are an unspecified number of trashcans within this contract and additional trash cans may be added as required. Trash containers shall be emptied. All trash shall be placed in the appropriate trash bins which are in the trash enclosures located in the parking lots of each park. Trash containers shall be emptied by removal and disposal of a plastic trash bag within the container and a new bag placed into the container. Plastic trash container and pet waste bags shall be provided by the Contractor. Prior to replacement of the plastic trash bags, the container shall be inspected for debris and offensive odors, then cleaned and sanitized as needed. If insect infestations are noted, pest control measures shall be undertaken by the Contractor. Any trash can with damage, missing lids, graffiti or vandalism shall be reported to the Public Works Services Director immediately. 4.2.41. TRASH ENCLOSURE MAINTENANCE All trash and accumulated debris within the enclosures shall be placed in the trash bin(s) each week or more often as necessary. The enclosures shall be swept clean each week. The City shall be responsible for providing all necessary trash bins and trash bin emptying. 4.2.42. GRAFFITI REMOVAL (ALL SERVICE LEVELS) The Contractor shall be responsible for all minor graffiti removal within and around restrooms, playground and picnic shelters. All materials and processes used in graffiti removal shall be non-injurious to surfaces and adjacent park property and approved by CAL-OSHA and the Public Works Services Director. Appropriate surface preparation shall be made on painted walls, and paint applied shall be the exact shade of color as existing paint, Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 46 of 59 unless otherwise specifically approved by the Public Works Services Director. All paint shall be furnished by the City. All obscene and gang related graffiti shall be immediately reported to the Public Works Services Director and removed within 24 hours. All other graffiti shall be reported and removed daily. 4.2.43. DRAINS (ALL SERVICE LEVELS) The Contractor shall be responsible for periodic inspections of surface flowlines, intake grates, and under sidewalk drains located within the landscaped areas. These drains shall be inspected during, prior to, and following any rain event. Any debris or vegetation that could block the flow of water will require prompt removal. 4.2.44. STORM DEBRIS CLEANUP The City of Rancho Cucamonga is subject to frequent wind, rain, and other types of storms. The storms cause an accumulation of debris on the contracted sites. The debris includes such items as downed trees, limbs, leaves, tumbleweeds, trash, and soil deposits. Because it is impractical to perform routine maintenance operations during and immediately following these storms, the Contractor shall promptly remove the debris such that routine maintenance operations are practical. Because the Contractor is removing debris in lieu of routine maintenance, the removal is at no extra charge to the City. In the case of an excessive accumulation of debris that is attributable to another agency, such as blown sand from a recently graded site, the City will act to have the responsible agency remove the debris. The cost for replanting new plant material to replace storm damaged plant material that cannot be repaired will be an extra. Emergency Storm Work Documentation and Tracking: All costs borne by the City for emergency storm clean-up work may be subject to re-imbursement through government disaster funds. In the event of an emergency, the City could easily be eligible for Federal, State, or local funds and therefore all costs that are storm related including labor, rentals and materials that are charged to the City shall be recorded and billed separately and labeled/dated as emergency related. In addition, since labor will be shifted away from routine work, all the shifted routine labor shall be tracked and recorded as emergency related since emergency labor may also be reimbursable. Once the contractor returns to normal operations, the contractor will be required to send a report outlining the shifted routine labor used during the emergency. 4.2.45. DEBRIS AND TRASH REMOVAL Debris and Trash Removal Frequency Service Level A - The Contractor shall on a weekly basis remove any trash and debris that accumulates in the landscape including turf, groundcover, mulchscape, hardscape, and decomposed granite areas including adjacent flowlines. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 47 of 59 Service Level B - The Contractor shall on a bi-weekly basis remove any trash and debris that accumulates in the landscape site including turf, groundcover, mulchscape, hardscape, and decomposed granite areas including adjacent flowlines. Service Level C - The Contractor shall monthly remove any trash and debris that accumulates in the landscape site including turf, groundcover, mulchscape, hardscape, and decomposed granite areas including adjacent flowlines. 4.2.46. CLEAN-UP (ALL SERVICE LEVELS) a) At no time will the Contractor blow grass cuttings and/or debris into public streets, trails, or gutters without promptly removing the cuttings and/or debris and disposing of it legally, off site. b) Unless a chipper is used as described below in section 4.26.7(d), the Contractor shall remove all debris resulting from the maintenance operations and legally dispose of it off-site. All grass or other clippings shall be picked up after each mowing or trimming operation. c) All debris resulting from any of the Contractor's operations shall be removed and disposed of legally at the Contractor's expense. No debris will be allowed to remain at the end of the workday. d) To improve the fertility of planter beds, save water, reduce weeds, reduce the amount of green waste in the landfill, lower soil pH, and improve efficiency, the contractor may be required in many instances to utilize a chipper to mulch brush clippings back into the landscape planter from where the clippings had originated. The contractor will always be required to have a trained chipper operator on staff to accommodate this request at no additional cost to the City. This chipper program will be used wherever and whenever it is practical and will be utilized primarily wherever there are larger planter beds that are not wood-chipped. Only clippings from shrubs and trees will be allowed. Grass clippings, leaves, palm fronds, trash and weeds shall not be included in this program. The contractor shall always have a commercial brush chipper available at no additional cost to the City. e) All walkways will be kept clean/clear of debris and weed growth. Care shall be taken not to create unnecessary hazards to the public. f) Any paper, plastic, metal, leaves, pine needles, branches, rocks, DG, sand, soil, dead plant materials, litter or any other debris determined objectionable by the Public Works Services Director that accumulates within the work site shall be picked up weekly (or whenever the debris presents a hazard) and legally disposed of offsite. All illegal dumping, including but not limited to hazardous waste, within the work site shall be reported immediately to the Public Works Services Director or his representative. 4.3. EXTRA WORK a) Extra work may be required because of vandalism, accidents, or acts of nature. Further, work may be required to add new landscaping, or to delete or modify existing landscape. b) Extra work will not be performed without prior approval by the Public Works Services Director unless a condition exists wherein it appears there is a danger of injury to persons or property. c) Payment for extra work shall be in accordance with the hourly rates and unit prices in the Extra Work Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 48 of 59 Schedule. The invoiced amount for material not listed in the schedule will be at the Contractor's cost including sales tax plus 15%; the 15% being for the Contractor's costs of overhead. d) Except for routinely billed and ordinary irrigation repairs, extra work shall not commence without a written and approved proposal. Further, the extra work shall not be invoiced and billed until the work has been inspected and approved for completeness by the Public Works Services Director. e) The City reserves the right to cause any extra work deemed necessary by the Public Works Services Director to be performed by City crews or other contractors, at no cost to the Contractor. 5. EVALUATION AND CONTRACTOR SELECTION PROCESS 5.1. INITIAL SCREENING All RFP responses will undergo an initial review to determine responsiveness to the instructions herein. Those RFP responses initially determined to be responsive by meeting the RFP requirement as indicated herein will proceed to the next phase of the evaluation process. 5.2. EVALUATION ACTIVITIES RFP responses deemed as having met the standard RFP requirements as indicated herein are then evaluated by an Evaluation Committee. The RFP submittals are scored and assigned a ranking of zero (0) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors: Criteria Criteria Description Assigned Percentage Contractor Expertise 10 Quality of proposed services or goods 15 Extent to which the Contractors services or goods meet the City ’s needs 25 Cost 15 Contractor’s history and resources available to provide the required services 15 Experience and professional qualifications of staff 20 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 49 of 59 5.3. COST EVALUATION Cost Proposals are evaluated and scored based on the following calculations. Score = Lowest Proposal Cost / Cost of Proposal being scored X Maximum Points Available (10) The score is then added to the spreadsheet criteria scores. 5.4. REFERENCE CHECKS If determined to be required reference checks are conducted by the Procurement Division and the requesting department may or may not be present during the process. The reference checks may be conducted by phone with the information being scribed or conducted by a written form, submitted to the Contractor’s reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Contractors provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Contractor ranking. Evaluators do not see the Contractor References or pricing line items. The proposed pricing is evaluated by the Procurement Division during the initial review of the RFP response, only to ensure that the proposed cost is not over the City ’s budgeted amount or Not-to-Exceed amount for the project. 5.5. PRESENTATIONS / ORAL BOARD INTERVIEWS Upon completion of the RFP evaluations and data analysis, and only, if necessary, selected top ranked Contractors will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Contractor interviews/demonstrations are scored and assigned a ranking of zero (0) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the RFP. 5.6. FINANCIAL DOCUMENTATION Contractors that proceed to the short-list may be required to submit financial documentation as proof of its Company’s financial stability and strength. A financial review will be conducted by the City Finance Department. Should a Contractor wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Contractor on the short-list: x A copy of the Contractor’s most recent annual report. x Audited (by a third party), balance sheets and income statements for the past three (3) years. x If audited data is not available, Contractor shall submit copies of complete tax returns for the past three (3) years. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks Page 50 of 59 x Describe any regulatory censure and past or pending litigation related to services provided by the Contractor. x Indicate all applicable information regarding Contractor ownership changes in the last three (3) years. 5.7. BEST AND FINAL OFFER Upon completion of Contractor presentations, the City reserves the right to conduct pre-award discussions and/or pre-contract negotiations with all or only top ranked Contractors. At which time the City may request a Best and Final Offer to be submitted from one or all finalists. 5.8. CONTRACTOR SELECTION The final Contractor selection is based on which Contractor is the most responsive, meeting the City ’s requirements, offering the best value at the most competitive price. The City is not obligated to award to the lowest price proposal. The City may conduct negotiations with several Contractors simultaneously. The City may also negotiate contract terms with the selected Contractors prior to award. The City, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any RFP responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City. 5.9. LETTER OF INTENT TO AWARD After a final Contractor selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Contractors. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Contractor or withdraw the RFP entirely. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Addendum No. 001 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 180 X Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 58 of 59 “EXHIBIT H” REFERENCES WORKSHEET  The following References Worksheet must be complete, please do not mark “See Attached”. Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information.  Reference 1 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 2 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) City of Fontana Brian Clements, Parks and Landscape Supervisor 16489 Orange Way, Fontana, CA 92335 (909) 350-6771 bclements@fontana.org City of Moreno Valley Dan Monto, Landscape Supervisor 14177 Frederick St, Moreno Valley, CA 92553 (951) 413-3485 danielm@moval.org Landscape Maintenance - mowing, edging, trimming, turf fertilization, groundcover, pruning, litter and debris removal, pest control, weed control, tree care, shrub care, channel and habitat care, irrigation, fertilization, Land. Maint., Irrigation maint. and Installation. Scope includes inspect inspections, mowing, trimming, pruning, fertilization, aeration, weed co cultivation, pest control, tree surgery, de-thatching, plant replacement renovation, clean up of park facilities and drainage facilities. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 The City of Rancho Cucamonga Request for Proposal (“RFP”) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 59 of 59 Reference 3 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 4 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibit H. City of Chino Hills Luther Martin, Parks & Open Space Supervisor 14000 City Center Drive, Chino Hills, CA 91709 (909) 364-2849 lmartin@chinohills.org City of Tustin Forrest Locke, Landscape Contract Supervisor 300 Centennial Way, Tustin, CA 92780 (714) 573-3357 flocke@tustinca.org Landscape Maintenance of LMD Areas, Parks, Medians and Facilities- Mowing, edging, turf maint., weed, rodent pest control, hardscape maint., trash pickup, Irrigation maintenance. Land. Maint. - Turf maint., shrub/slope maint., ground cover maint., tree trimming, irrig. maint. and repairs, water management, infield main litter and trash control, pest. application, weed control, rodent control, rodent control, aeration, and fertilization. Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 City of Rancho Cucamonga - Non-Construction Procurement Bid Results for Project Request for Proposal (RFP) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks (Request for Proposal (RFP) #25/26-005 for Landscape and Irrigation Maintenance for PD 85 Parks) Issued on 04/21/2025 Bid Due on June 11, 2025 9:00 AM (PDT) Exported on 07/29/2025 Line Totals (Unit Price * Quantity) Item Section Description Unit of Measure Quantity Mariposa Landscapes Inc. 1 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Pest Control LS per Mon 1 $405.00 2 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Tree Maintenance LS per Mon 1 $135.00 3 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Shrub, Groundcover, Vine and Mulch Maintenance SF per Mon 384980 $3,926.80 4 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Turf Maintenance SF per Mon 1197900 $6,588.45 5 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Hardscape Maintenance Including Sweeping LS per Mon 1 $135.00 6 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Decomposed Granite Surfacing LS per Mon 1 $135.00 7 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Irrigation System Maintenance per Section 900-2.1.2 LS per Mon 1 $675.00 8 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Features Maintenance - Playground Maintenance LS per Mon 1 $135.00 9 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Features Maintenance - Picnic Area Maintenance LS per Mon 1 $135.00 10 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Features Maintenance - Lake Maintenance LS per Mon 1 $135.00 11 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Structures Maintenance - Restroom Building Maintenance LS per Mon 1 $428.00 12 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Structures Maintenance - Drinking Fountain Maintenance LS per Mon 1 $135.00 13 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Litter Control LS per Mon 1 $135.00 14 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Trash Containers LS per Mon 1 $135.00 15 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Trash Bin Enclosures LS per Mon 1 $135.00 16 Service Level "B" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Graffiti Removal LS per Mon 1 $135.00 9 months 3 months Subtotal $13,508.25 162099 121574 40525 17 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Pest Control LS per Mon 1 $359.00 162099 18 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Tree Maintenance LS per Mon 1 $120.00 19 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Shrub, Groundcover, Vine and Mulch Maintenance SF per Mon 925650 $5,831.60 20 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Turf Maintenance SF per Mon 609840 $3,598.06 21 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Hardscape Maintenance Including Sweeping LS per Mon 1 $120.00 22 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Decomposed Granite Surfacing LS per Mon 1 $120.00 23 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Irrigation System Maintenance per Section 900-2.1.2 LS per Mon 1 $599.00 24 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Features Maintenance - Playground Maintenance LS per Mon 1 $120.00 25 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Features Maintenance - Picnic Area Maintenance LS per Mon 1 $120.00 26 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Structures Maintenance - Restroom Building Maintenance LS per Mon 1 $390.00 27 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Structures Maintenance - Drinking Fountain Maintenance LS per Mon 1 $120.00 28 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Litter Control LS per Mon 1 $120.00 29 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Trash Containers LS per Mon 1 $120.00 30 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Trash Bin Enclosures LS per Mon 1 $120.00 31 Service Level "B" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Graffiti Removal LS per Mon 1 $120.00 Subtotal $11,977.65 32 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Pest Control LS per Mon 1 $323.00 33 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Tree Maintenance LS per Mon 1 $108.00 34 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Shrub, Groundcover, Vine and Mulch Maintenance SF per Mon 384980 $3,118.34 35 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Turf Maintenance SF per Mon 1197900 $5,270.76 36 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Hardscape Maintenance Including Sweeping LS per Mon 1 $108.00 37 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Decomposed Granite Surfacing LS per Mon 1 $108.00 38 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Irrigation System Maintenance per Section 900-2.1.2 LS per Mon 1 $539.00 39 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Features Maintenance - Playground Maintenance LS per Mon 1 $108.00 40 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Features Maintenance - Picnic Area Maintenance LS per Mon 1 $108.00 41 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Features Maintenance - Lake Maintenance LS per Mon 1 $108.00 42 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Structures Maintenance - Restroom Building Maintenance LS per Mon 1 $334.00 43 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Structures Maintenance - Drinking Fountain Maintenance LS per Mon 1 $108.00 44 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Litter Control LS per Mon 1 $108.00 45 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Trash Containers LS per Mon 1 $108.00 46 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Trash Bin Enclosures LS per Mon 1 $108.00 47 Service Level "C" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Graffiti Removal LS per Mon 1 $108.00 Subtotal $10,773.10 48 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Pest Control LS per Mon 1 $287.00 49 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Tree Maintenance LS per Mon 1 $96.00 50 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Shrub, Groundcover, Vine and Mulch Maintenance SF per Mon 925650 $4,720.82 51 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Turf Maintenance SF per Mon 609840 $2,866.25 52 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Hardscape Maintenance Including Sweeping LS per Mon 1 $96.00 53 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Decomposed Granite Surfacing LS per Mon 1 $96.00 54 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Irrigation System Maintenance per Section 900-2.1.2 LS per Mon 1 $478.00 55 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Features Maintenance - Playground Maintenance LS per Mon 1 $96.00 56 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Features Maintenance - Picnic Area Maintenance LS per Mon 1 $96.00 57 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Structures Maintenance - Restroom Building Maintenance LS per Mon 1 $242.00 58 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Structures Maintenance - Drinking Fountain Maintenance LS per Mon 1 $96.00 59 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Litter Control LS per Mon 1 $96.00 60 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Trash Containers LS per Mon 1 $96.00 61 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Trash Bin Enclosures LS per Mon 1 $96.00 62 Service Level "C" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Graffiti Removal LS per Mon 1 $96.00 Subtotal $9,554.06 63 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Pest Control LS per Mon 1 $254.00 64 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Tree Maintenance LS per Mon 1 $85.00 65 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Shrub, Groundcover, Vine and Mulch Maintenance SF per Mon 384980 $2,463.87 66 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Turf Maintenance SF per Mon 1197900 $4,192.65 67 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Hardscape Maintenance Including Sweeping LS per Mon 1 $85.00 68 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Landscaping Maintenance - Decomposed Granite Surfacing LS per Mon 1 $85.00 69 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Irrigation System Maintenance per Section 900-2.1.2 LS per Mon 1 $424.00 70 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Features Maintenance - Playground Maintenance LS per Mon 1 $85.00 71 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Features Maintenance - Picnic Area Maintenance LS per Mon 1 $85.00 72 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Features Maintenance - Lake Maintenance LS per Mon 1 $85.00 73 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Structures Maintenance - Restroom Building Maintenance LS per Mon 1 $211.00 74 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Structures Maintenance - Drinking Fountain Maintenance LS per Mon 1 $85.00 75 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Litter Control LS per Mon 1 $85.00 76 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Trash Containers LS per Mon 1 $85.00 77 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Trash Bin Enclosures LS per Mon 1 $85.00 78 Service Level "D" per Schedule I for Routine Maintenance at Red Hill Park Debris Management - Graffiti Removal LS per Mon 1 $85.00 Subtotal $8,480.52 79 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Pest Control LS per Mon 1 $226.00 80 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Tree Maintenance LS per Mon 1 $75.00 81 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Shrub, Groundcover, Vine and Mulch Maintenance SF per Mon 925650 $3,702.60 82 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Turf Maintenance SF per Mon 609840 $2,256.41 83 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Hardscape Maintenance Including Sweeping LS per Mon 1 $75.00 84 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Landscaping Maintenance - Decomposed Granite Surfacing LS per Mon 1 $75.00 85 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Irrigation System Maintenance per Section 900-2.1.2 LS per Mon 1 $376.00 86 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Features Maintenance - Playground Maintenance LS per Mon 1 $75.00 87 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Features Maintenance - Picnic Area Maintenance LS per Mon 1 $75.00 88 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Structures Maintenance - Restroom Building Maintenance LS per Mon 1 $211.00 89 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Structures Maintenance - Drinking Fountain Maintenance LS per Mon 1 $75.00 90 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Litter Control LS per Mon 1 $75.00 91 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Trash Containers LS per Mon 1 $75.00 92 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Trash Bin Enclosures LS per Mon 1 $75.00 93 Service Level "D" per Schedule I for Routine Maintenance at Heritage Park Debris Management - Graffiti Removal LS per Mon 1 $75.00 Subtotal $7,522.01 94 Extra Work Schedule - Planting Plant One (1) Gallon Tree and Stake Unit Cost 1 $17.00 95 Extra Work Schedule - Planting Plant Five (5) Gallon Tree and Stake Unit Cost 1 $45.00 96 Extra Work Schedule - Planting Plant Fifteen (15) Gallon Tree and Stake Unit Cost 1 $130.00 97 Extra Work Schedule - Planting Plant One (1) Gallon Shrub Unit Cost 1 $17.00 98 Extra Work Schedule - Planting Plant Five (5) Gallon Shrub Unit Cost 1 $40.00 99 Extra Work Schedule - Planting Plant One (1) Flat Groundcover Unit Cost 1 $45.00 100 Extra Work Schedule - Planting Plant and Grade One (1) Cubic Yard of Mulch Unit Cost 1 $85.00 Subtotal $379.00 101 Extra Work Schedule - Sports Field Renovations Soccer Field Renovation LS 1 $4,250.00 102 Extra Work Schedule - Sports Field Renovations Softball Field Renovation (No Turf in infield)LS 1 $3,950.00 103 Extra Work Schedule - Sports Field Renovations Baseball Field Renovation, 60' Field LS 1 $1,650.00 104 Extra Work Schedule - Sports Field Renovations Baseball Field Renovation, 90' Field LS 1 $5,150.00 Subtotal $15,000.00 105 Extra Work Schedule - Hourly Labor Rates General Laborer Hour 1 $49.00 106 Extra Work Schedule - Hourly Labor Rates Skilled Laborer Hour 1 $56.00 107 Extra Work Schedule - Hourly Labor Rates Irrigation Repair Technician Hour 1 $75.00 108 Extra Work Schedule - Hourly Labor Rates Licensed or Certified Chemical Applicator Hour 1 $65.00 Subtotal $245.00 Total $77,439.59 Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 20 EXHIBIT D CALIFORNIA LABOR CODE COMPLIANCE 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agencies, City and RCFPD (collectively “City” in this Exhibit), and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. This is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by Contractor or by any subcontractor under Contractor, in violation of the provisions of this Agreement. 3. In accordance with Labor Code Sections 1725.5 and 1771.1, and except for projects involving construction, alteration, demolition, installation, or repair work of $25,000 or less, or maintenance work of $15,000 or less, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes, only, pursuant to Labor Code Section 1771.1(a)]. 4. Pursuant to Labor Code Section 1776, Contractor shall maintain and make available an accurate record showing the name of each worker and hours worked each day and each week by each worker employed by Contractor performing services covered by this Agreement. Contractor and its subcontractors shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is responsible for compliance with Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 21 Section 1776 by itself and all of its subcontractors. The Contractor shall post job site notices, as prescribed by regulation. 5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing the Agreement to which this Exhibit is attached, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Docusign Envelope ID: AB717C5B-D32C-48A2-8208-FFAE78AC4CB1