El Centro City Council
August 20, 2024

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, AUGUST 20, 2024
City Hall Regular Meeting 6:00 PM

CITY HALL

COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by August 20, 2024.

COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.

To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.

Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09&omn=88355291600 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.

Mayor & Council Members may be reached at (760) 336-8989 Mayor: Sylvia Marroquin City Manager: Cedric Ceseña
Interim Mayor ProTem:Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Tomás Oliva City Clerk: Norma Wyles
Sonia Carter
Edgard Garcia
6:00 P.M. OPEN SESSION:

ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:

ROLL CALL BY CITY CLERK:

PLEDGE OF ALLEGIANCE:

Agenda City Council of the City of El Centro August 20, 2024 City of El Centro Page 2
INVOCATION:
6:05-6:10 (TIME MAY VARY) PUBLIC COMMENTS:

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order.
*Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:10-6:20 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Certificate of Recognition for the Dynamo El Centro Soccer Club for winning the National Premier League Championship in Denver, Colorado 6:20-6:25 CONSENT AGENDA (ITEMS 2 - 9):

2. Approve Warrant Registers for the Month of July 2024

3. Approve Payroll Registers for the Month of July 2024.

4. Approval of Treasurer's Report for the month of July 2024.

5. Approval of City Council Minutes of July 31, 2024 and August 6, 2024.

6. Approve Bid Documents for the General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities and Authorize the Community Services Department to go out for Bid.

7. Approve Bid Documents for the General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Lighting and Landscape Maintenance Districts and Authorize the Community Services Department to go out for Bid.

8. Approval of the 2024 - 2025 Monthly Scheduled Maintenance Agreement between Knorr Systems Int'l, LLC and the City of El Centro.

9. Approval of an agreement with the LA84 Foundation to provide $17,500 in unduplicated scholarships for children ages 7-17, and $34,650 in personnel funding for the 2024 Learn to Swim Program.

Agenda City Council of the City of El Centro August 20, 2024 City of El Centro Page 3
6:25-6:40 PUBLIC HEARING:

10. Public Hearing to Solicit Public Input on the 2023-2024 Consolidated Annual Performance Evaluation Report (CAPER), Approval of the CAPER, and Authorization for Staff to Submit the CAPER to the U.S. Department of Housing and Urban Development (HUD).

PRESENTATION: Adriana Nava, Director of Community Services RECOMMENDATION:
1) Open the Public Hearing and solicit public input on the 2023-2024 Consolidated Annual Performance Evaluation Report (CAPER), approve the CAPER, and authorize staff to submit the CAPER to the U.S. Department of Housing and Urban Development (HUD).
2) Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING THE CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT 2023 AS PART OF THE END OF

THE YEAR REQUIREMENT REPORT PROVIDED TO THE DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT UNDER THE ENTITLEMENT

GRANTEE PROGRAM
6:40-7:20 NEW BUSINESS:

11. Discussion and any necessary action regarding the approval of the Supplement Agreement for CML-5169 (058) related to the Imperial Ave. Traffic Signal Synchronization Project.

PRESENTATION: Abraham Campos, P.E. Director of Public Works/City Engineer
RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F033 TO THE ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 11-5169F15 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION.

12. Community Sponsorship Request from MANA de Imperial Valley PRESENTATION: Cedric Cesena, City Manager
RECOMMENDATION:

Discussion and any necessary action regarding the community sponsorship request from MANA de Imperial Valley
Agenda City Council of the City of El Centro August 20, 2024 City of El Centro Page 4

13. Community Sponsorship Request from Imperial Valley Memorial Event & 9/11 Stair Climb Committee
PRESENTATION: Cedric Ceseña, City Manager
RECOMMENDATION:

Discussion and any necessary action regarding the community sponsorship request from Imperial Valley 9/11 Memorial Event & Stair Climb Committee

14. Ratify Letter of Support for the Grant Submittal of the 2024 Transit and Intercity Rail Capital Program
PRESENTATION: Cedric Cesena, City Manager
RECOMMENDATION:

The City Manager’s Office received a request for a letter of support from Imperial County Transportation Commission (ICTC) for the submittal of a grant application for the 2024 Transit and Intercity Rail Capital Program under the California State Transportation Agency (CalSTA).

LEGISLATIVE ACTION:

INFORMATIONAL ITEMS:

15. Old City Library Electrical Emergency Repairs
7:20-7:30 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

16. Retirement Recognition - Stacy Mendoza, Economic Development Manager 7:30-7:50 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
7:50-8:00 CITY MANAGER REPORT:

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.

City Council of the City of El Centro Meeting: 08/20/24 06:00 PM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Recognition
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6472) DOC ID: 6472
Certificate of Recognition for the Dynamo El Centro Soccer Club for winning the National Premier League Championship in Denver, Colorado
1 Packet Pg. 5
City Council of the City of El Centro Meeting: 08/20/24 06:00 PM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Elizabeth Fuchen
ACTION ITEM (ID # 6487) DOC ID: 6487
Warrant Registers for July 2024
CITY MANAGER’S RECOMMENDATION:

Approve Warrant Registers for the Month of July 2024
FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:
• July 2024 (PDF)
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Attachment: July 2024 (6487 : Warrant Registers for July 2024) City Council of the City of El Centro Meeting: 08/20/24 06:00 PM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Cristhian A. Zambrano
SCHEDULED Department Head: Elizabeth Fuchen
ACTION ITEM (ID # 6488) DOC ID: 6488
Approval of Payroll Registers for the Month of July 2024.

CITY MANAGER’S RECOMMENDATION:

Approve Payroll Registers for the Month of July 2024.

ATTACHMENTS:
• PAYROLL REGISTERS JULY 2024 (PDF)
3 Packet Pg. 98

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Packet Pg. 112 Attachment: PAYROLL REGISTERS JULY 2024 (6488 : Payroll Registers for the Month of July 2024) City Council of the City of El Centro Meeting: 08/20/24 06:00 PM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Nora Salas
SCHEDULED Department Head: Elizabeth Fuchen
ACTION ITEM (ID # 6489) DOC ID: 6489
Treasurer's Report for the Month of July 2024
CITY MANAGER’S RECOMMENDATION:

Approval of Treasurer's Report for the month of July 2024.

FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:
• TREASURER'S REPORT JULY 2024 (PDF)
4 Packet Pg. 113

CITY OF EL CENTRO

TREASURER'S REPORT

SCHEDULE OF INVESTMENTS
JULY 2024
Maturity Market
Value
Rate
Date Par IPcntl YIM Cost

GENERAL ACCOUNT
U.S. Savings and CD's
First FinIBK 32021SKR6
Goldman Sachs 38150VST7
JPMorgan Chase BK 46656M4V0
US BK NaU Assn 90355UCM5
Valley Natl BK919853LE9
235,000 $
240,000 $
235,000 $
235,000 $
240,000 $
02/14/25 $
01/16/25 $
04/17/25 $
02/07/25 $
01/16/25 $
235,000 4.850 4.860 $
240,000 5.100 5.100 $
235,000 5.400 5.400 $
235,000 4.950 4.950 $
240,000 5.150 5.150 _$
234,652
239,971
234,148
234,878
240,024
1,185,000 1,185,000 1,183,673
U.S. Corporate Obligations
Toyota Finl Svgs Bk Hend Nv 89235MLG4
Synchrony Bank 87164XA22
Mountain Amer Fed Cr Un West 62384RAQ9
All in Fed Cr Un Delaville A 01664MAH9
Affinity Fed Cr Un 00832KBU2
Kemba Financial Credit Union 48836LAV4
Metro Cr Un Chelsea Mass 59161YBH8
Bank of China New York City 06428FZ26
Webbank Salt Lake City Utah 947547J22
Subtotal
$ 245,000 0.600 0.600 $
245,000 0.550 0.550 $
245,000 4.750 4.750 $
245,000 5.700 5.700 $
245,000 5.800 5.790 $
245,000 5.150 5.150 $
245,000 5.650 5.630 $
235,000 5.150 5.150 $
245,000 5.150 5.150 $
2,195,000
245,000
245,000
245,000
245,000
245,000
245,000
245,000
235,000
245,000
2,195,000
$ 244,625
$ 243,951
$ 244,762
$ 245,172
$ 245,299
$ 244,966
$ 245,933
$ 235,108
$ 245,086
2,194,902
08/12/24
09/03/24
10/15/24
10/31/24
11/15/24
11/25/24
03/11/25
03/17/25
03/04/26
$
$
$
$
$
$
U.S. Government Obligations
FED NATL MORT ASSC 3135GA4R9
Federal Home Loan Blk 3130AQRP0
Federal Home Loan Bks 3130ANLX6
FHLMCMTN 3134GY4Z2
Federal Home Loan Bks 3130AMV74
Federal Home Loan Bks 3130ALZX5
FHLMCMTN 3134GX6B5
Federal Home Loan Bks 3130APV69
FHLMCMTN 3134GY4Y5
Federal Home Loan Bks 3130AMBY7
Federal Home Loan Bks 3130APZ81
Federal Home Loan Bks 3130AR3B5
Federal Home Loan Bks 3130AMGV8
Federal Home Loan Bks 3130AM2B7
Federal Home Loan Bks 3130AMQU9
Federal Home Loan Bks 3130B0JZ3
Federal Home Loan Bks 3130AYQG4
Federal Home Loan Bks 3130B0UY3
Federal Home Loan Bks 3130AM2F8
Subtotal
750,000 0.42 0.42 S
750,000 1.400 1.410 $
750,000 0.500 0.500 $
750,000 5.000 5.000 $
750,000 0.400 0.400 $
750,000 0.520 0.530 $
750,000 5.375 5.370 $
750,000 1.000 1.010 $
750,000 5.200 5.210 $
750,000 0.550 0.560 $
750,000 1.250 1.270 $
750,000 1.750 1.770 $
750,000 0.625 0.640 $
750,000 0.625 0.640 $
750,000 0.625 0.650 $
750,000 5.500 5.500 $
750,000 5.250 5.250 $
750,000 5.500 5.500 $
750,000 1.125 1.190 $
$ 747,713
748,208
747,510
749,738
743,963
741,593
750,158
740,070
749,205
738,968
739,005
742,703
731,760
729,045
725,798
749,610
749,708
749,933
707,820
08/23/24
08/23/24
08/26/24
08/28/24
09/30/24
10/29/24
11/15/24
11/25/24
11/26/24
11/26/24
12/16/24
02/25/25
02/26/25
04/29/25
06/16/25
09/25/25
01/29/26
04/17/26
04/29/26
$ 750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
750,000
$ $
$ s
s $
$ $
$ $
$ $
s $
s s
$ $
s $
$ s
$ s
$ $
$ $
$ $
$ $
$ $
s $
14,250,000 14,250,000 14,082,503
Other Investments
Cash Equiv.

Local Agency Investment Fund
Subtotal
$ 6,656,894 0.010 0.010 $ 6,656,894 $ 6,656,894
$ 65,768,457 4.516 4.516 $ 65,768,457 $ 65,768,457
72,425,351 72,425,351 72,425,351
90,055,351 90,055,351 89,886,429 Subtotal
Bonds
Series B - 2007 Redevelopment
2021 Series A - Library Bond Project
2023 Series A - Police Station Project
$ 1,928,528 0.010 0.010 $ 1,928,528 $ 1,928,528
$ 6,660,582 0.010 0.010 $ 6,660,582 $ 6,660,582
$ 37,723,388 0.010 0.010 $ 37,723,388 $ 37,723,388
46,312,498 46,312,498 46,312,498
Total 136,367,849 136,367,849 136,198,927

4.a
Packet Pg. 114 Attachment: TREASURER'S REPORT JULY 2024 (6489 : Treasurer's Report for the Month of July 2024)

CITY OF EL CENTRO

TREASURER'S REPORT

SCHEDULE OF INVESTMENTS
JULY 2024
Prior Fiscal
Year YTD
Same Period
This Fiscal
Month YTD
Interest Received
S 49,943 $
768.457
49,943 $
768,457
Other Investments
LAIF
Total
516,468
818,400 $ 818,400 $ 516,468
Balance
07/31/24
Balance
06/30/24 Change
Monthly Activity
General Accounts
U.S. Savings and CD's
U.S. Corporate Obligations
U.S. Government Obligations
Cash Equiv. & Other Investments
LAIF
1,420,000 S
2,685,000
15,750,000
4,381,951
65,000,000
(235,000)
(490,000)
(1,500,000)
2,274,943
768,457
1,185,000
2,195,000
14,250,000
6,656,894
65,768,457
$
89,236,951 818,400 90,055,351
Trustee Accounts
Series B - 2007 Redevelopment
Library 2021 Bond Project
El Centro Police 2023 Bond Project
1,928,520
6,660,555

37.594.582
46,183,657
8 1,928,528
6,660,582

37.723.388
46,312,498

27.37 128,806
128,841
Total $ 135,420,608 $ 136,367,849
1 hereby certily that this report reflects the pooled investments of the City of El Centro and is in conformity with the Investment Policy of the City as adopted by the City Council on February 21,2001.

A copy of this Policy is available at the Office of the City Clerk. In the opinion of the undersigned, the City’s expenditure requirements for the following six months, can be met from projected revenues and maturities of Investments listed herein.

ElizabethTuchen
Finance Manager

4.a
Packet Pg. 115 Attachment: TREASURER'S REPORT JULY 2024 (6489 : Treasurer's Report for the Month of July 2024) Cityof El Centro
Treasurer's Report
Summary of Investments
as of 07/31/2024
Investment Unrealized
gain/loss Net increase
decrease
Market Value
end of Period
percent
of total
income
Cost/Par to-date (*)(**)
1,185,000 (1,327) $ 1,183,673 1% 1 U.S. Savings and CD's 2 U.S Corporate Obligations $ 2,195,000 $ (98) $ 2,194,902 2% U.S. Government Obligati $ 14,250,000 $ (167,498) $ 14,082,503 16% $ 6,656,894 $ 6,656,894 7% 4 Cash Equiv. & Other Inve:
5 LAIF $ 65,768,457 $ $ 65,768,457 73%
Total $ 90,055,351 $ (168,922) $ 89,886,429 100%
(*) Investments 1 through 5
Investments are held to maturity redemption is at cost rendering no loss.

4.a
Packet Pg. 116 Attachment: TREASURER'S REPORT JULY 2024 (6489 : Treasurer's Report for the Month of July 2024) City Council of the City of El Centro Meeting: 08/20/24 06:00 PM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Minutes
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6470) DOC ID: 6470
Approval of City Council Minutes of July 31, 2024 and August 6, 2024.

CITY MANAGER’S RECOMMENDATION:

Approval of City Council Minutes of July 31, 2024 and August 6, 2024.

ATTACHMENTS:
• 07-31-2024 Special Meeting CC Minutes (PDF)
• 08-06-2024 Cancelled CC Minutes (PDF)
5 Packet Pg. 117
Book 37

SPECIAL CITY COUNCIL MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JULY 31, 2024, 4:00 P.M.

OPEN SESSION
The El Centro City Council met in a special session on Wednesday, July 31, 2024 at 4:01 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans Pledge of Allegiance to the flag of the United States of America was led by Council Member Garcia and Invocation was given by Council Member Carter.

PUBLIC COMMENTS
No public comments were received.

CONSENT AGENDA (ITEMS 1-3)
Moved by Oliva, second by Garcia, approving consent items # 1-3.

1. Approval of City Council Minutes of July 16, 2024.

2. 2nd Reading and adoption of Ordinance No. 24-02, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING SECTION 1.24 OF THE MUNICIPAL CODE GOVERNING USE OF THE CITY SEAL, LOGOS, AND HASHTAGS, waive reading and adopted by title only.

3. Adoption of Resolution No. 24-62, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 2024-2025 FISCAL YEAR

IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

NEW BUSINESS

4. Presentation by Andy Heath, Finance Consultant, Annual Fiscal Year 2025 Budget – Revised.

Moved by Oliva, second by Cardenas-Singh, adoption of Resolution No. 24-63, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA ADOPTING A REVISED ANNUAL BUDGET FOR SELECTED FUNDS FOR FISCAL YEAR 2024-2025.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

5.a
Packet Pg. 118 Attachment: 07-31-2024 Special Meeting CC Minutes (6470 : Approval of City Council Minutes) Book 37

5. Presentation by Abraham Campos, PE, Public Works Director/City Engineer, update and any necessary action regarding ARPA Funding related to Public Works Department Activities.

Moved by Cardenas-Singh, second by Oliva, approval of a revised list of ARPA projects as presented.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

6. Moved by Carter, second by Oliva, adoption of Resolution No. 24-64, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO APPROVING A CONSULTING AGREEMENT WITH

DUDEK FOR DESIGN SERVICES RELATING TO THE WATER & SEWER MASTER PLAN AND COST OF SERVICES RATE STUDY.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

7. Moved by Cardenas-Singh, second by Carter, (1) approval of project funding as presented on this report and
Adoption of Resolution No. 24-65, RSOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT

WITH ROVE ENGINEERING FOR THE CONSTRUCTION OF THE SOUTHERN PUMP STATION PROJECT.

AYES: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter
NOES: None
ABSENT: None
ABSTAINED: None

ADJOURNMENT
With no further business, the meeting was adjourned at 5:08 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor

5.a
Packet Pg. 119 Attachment: 07-31-2024 Special Meeting CC Minutes (6470 : Approval of City Council Minutes) Book 37

REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, AUGUST 6, 2024 11:30 A.M.

This being a regularly scheduled meeting date of the City Council of the City of El Centro, this date of August 6, 2024 at 11:30 a.m., said meeting was cancelled for the purpose of summer recess.

Notice was posted as legally required.

Next regular meeting to be held on Tuesday, August 20, 2024 at 11:30 a.m. __________________________________
Norma Wyles, City Clerk
APPROVED BY:
__________________________
Sylvia Marroquin, Mayor

5.b
Packet Pg. 120 Attachment: 08-06-2024 Cancelled CC Minutes (6470 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 08/20/24 06:00 PM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Bid
Prepared By: Javier Villaverde
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6380) DOC ID: 6380
Discussion and Necessary Action to Approve Bid Documents for the General Landscaping Services, Tree Removal and
Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities and Authorize the
Community Services Department to go out for Bid.

CITY MANAGER’S RECOMMENDATION:

Approve Bid Documents for the General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities and Authorize the Community Services Department to go out for Bid.

FISCAL IMPACT:

The services performed under this maintenance contract will be paid for from the General Fund Parks Division.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4: Recreation and Life Long Learning - Offer opportunities for recreation and life long learning through innovative, inclusive programming, parks and facilities that serve all residents and visitors.

Goal #5: City Beautification, Engagement and Civic Pride - Enhance the quality of life in El Centro by promoting community engagement and investing in new opportunities that foster civic pride and city beautification through community accountability.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Due diligence will be conducted after bids are received.

BACKGROUND:

The City of El Centro’s Parks Maintenance Division is tasked with maintaining the landscaping at numerous City facilities, these include park facilities and other City facilities. Areas the Parks Division maintains includes landscaping at the Library, Aquatic Center, Fire Department Stations, Police Station, Downtown right of ways, City Hall, Economic Development, and others. Currently, approximately 111 acres of park space are maintained and approximately 29 acres of retention basin green space are maintained.

The Parks Division consists of one Parks Supervisor, One Lead Worker, Two Parks Maintenance II employees, and Four Parks Maintenance I employees for a total of eight employees. A total of seven employees work out on the field. The Parks Division also includes two temporary Monitor employees that assist in opening ballfield gates, restrooms, and opening/closing City facilities.
6 Packet Pg. 121
Action Item (ID # 6380) Meeting of August 20, 2024
Due to limited staffing, the City relies on contracted landscaping services to mow grass and prune and trim shrubbery and other landscaping. Major irrigation breaks and other significant projects are completed in-house by City staff.

The contracts are generally divided as follows:

1. Large City Parks, Ballfields, and Retention Basins Mowing Contract- Carlos Aguilar Park, Bucklin Park, Community Center/McGee Park, Countryside Park, Farmers Park, Frazier Field, Gomez Park, Leeper Park, Lotus Strip, Debbie Pittman Park, Plank Park, Stark Park, Swarthout Park, Efren Coronel Park (formerly Wildflower Park), Wake Avenue & South Clark Right of Way, Water Treatment Plant, Wastewater Treatment Plant, Wastewater Substation Plant.

This contract also includes the following retention basins: Farmers, Lotus, Ocotillo, and Tangerine.

2. Small City Parks and City Facilities Contract- Eight Downtown Parking Lots, City Hall, Economic Development Offices, Town Square, 8th and Vine Park (Water Tower Site), Fire Station #1, Fire Station #2, Fire Station #3, Old Post Office Pavilion, Police Department, Business Incubator, Aquatic Center, Sidewinder Skate Park, Dr. MLK Jr. Sports Pavilion, Library, Dog Park, First Responders Park, and Buena Vista Park (future), Road Medians at various locations, and the Transit Center.

3. Lighting and Landscaping Maintenance District- Legacy Ranch District (4th Street/SR86 and Farnsworth Lane, Legacy Subdivision, Legacy (Memorial) Park, Buena Vista Subdivision, Buena Vista Park (future), Town Center Subdivision and Retention Basin.

DISCUSSION:

The Small City Park and City Facilities contract is expired. Per the City's Purchasing and Contracting Methods Guidelines, a formal bid process will be utilized for the procurement of a company to perform the maintenance work.

Due to the growth in park space, City facilities landscaping, and increases in the minimum wage, it is anticipated the contract price will increase. Council will have the opportunity to accept or reject bids when they are received.

To specify, the bid documents for this contract include the following City facilities:

City Parking Lots: Old Post Office at 5th and Olive, Office Supply at 6th and State, American Legion 500 Broadway, Green's Jewelry 500 State, Vet Clinic at 5th and Broadway, Pest Control at 7th and Broadway, across from Crest 700 Main, Valley Center Point Parking Lot 1120 N. Imperial, West of Lot #3 6th and State.

City Facilities: City Hall and Economic Development, 8th and Vine Park, Old Post Office Pavilion, Business Incubator, El Centro Town Square, Fire Stations #1, #2, #3 and Police Department. Aquatic Center, Skate Park, MLK Pavilion, El Centro Library, Dog Park, First Responders Park and Buena Vista Park.
6 Packet Pg. 122
Action Item (ID # 6380) Meeting of August 20, 2024
Road Medians: Cypress Circle at Poplar and Cypress, Main Street Planters between 4th and 8th, Ocotillo Ave. between 24th and Ocotillo Dr., Orange Ave. Strip south of Haskell and west of Lotus.

Transit Facilities: El Centro Transit Center at 7th and State CONCLUSION:

Staff recommends that the City Council approve the Bid Documents and Authorize the Community Services Department to send out for bid.

ATTACHMENTS:
· General Landscaping Contract Final 2024 (PDF)
6 Packet Pg. 123

CITY OF EL CENTRO
Department of Parks & Recreation
Request for Bids

CITY FACILITIES AND SMALL PARKS
General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities
Requested By:

City of El Centro
Parks & Recreation Division
375 S. 1st Street
El Centro, CA 92243
Phone: (760) 337-4553
Fax: (760) 337-4551
Adriana Nava, Community Services Director

6.a
Packet Pg. 124 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 1 GENERAL LANDSCAPING SERVICES, TREE REMOVAL AND IRRIGATION

REPAIR AND EMERGENCY LANDSCAPING SERVICES AT VARIOUS CITY PARKS

AND FACILITIES

TABLE OF CONTENTS
PAGE
NOTICE INVITING BIDS………………………………………………… ............. 2-4 INSTRUCTIONS TO BIDDERS…………………………………………………… 5-11
BID FORMS………………………………………………………………………… 12-24
GENERAL INFORMATION………………………………………………………. 25
EXPERIENCE STATEMENT……………………………………………………… 26
NONCOLLUSION DECLARATION……………………………………………… 27
BID BOND………………………………………………………………………….. 28
CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION………... 29 DRUG/ALCOHOL TESTING REQUIREMENT………………………………….. 30
WORKERS’ COMPENSATION CERTIFICATE…………………………………. 31
SITE VISIT CERTIFICATE……………………………………………………….. 32
CONTRACTOR’S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION……………………………………………….. 33
PERFORMANCE BOND………………………………………………………….... 34
PAYMENT BOND.…………………………………………………………………. 35
MAINTENANCE SERVICES AGREEMENT .......................................................... 36-46 GENERAL CONDITIONS………………………………………………………….. 47-62
SPECIAL PROVISIONS……………………………………………………………. 63-96

6.a
Packet Pg. 125 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 2 NOTICE INVITING BIDS
RECEIPT OF BIDS: Sealed bids will be received at the office of the City Clerk, City of El Centro, CITY of the WORK, located at 1275 Main Street, El Centro, CA 92243, until 2:00 PM, on, for general landscape services, tree-trimming and removal, and emergency on-call services at various parks and public facilities within the City of El Centro. Bids received after the due time and date will not be considered.

DESCRIPTION OF WORK: The general scope of services includes: To provide all labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements. The initial term of the Agreement will be two years, with three possible one-year extensions. Increased compensation may be negotiated for such extension. CONTRACTOR shall be required to perform the following landscape maintenance activities at various sites throughout the City as follows:
 Tree removal including stump and roots
 Tree planting per City Guidelines
 Lawn mowing/edging maintenance
 Irrigation system (all systems) maintenance
 Weed abatement
 Clean up and disposal and/or recycling of generated green waste  Root pruning and root barrier installation
 Shrub trimming
 Groundcover maintenance
 Fertilizing
 Emergency on-call services
SITE OF WORK: The site of the WORK is located in the City of El Centro City limits at various city parks and facilities as outlined in the bid schedule.

OPENING OF BIDS: The bids will be publicly opened and read at 2:00 PM on , at the above-mentioned office of the CITY. CONTRACTORS and their authorized agents are invited to be present.

OBTAINING CONTRACT DOCUMENTS: The contract documents are entitled “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities.” The Contract Documents may be downloaded free from Planet Bids by visiting the City of El Centro website at www.cityofelcentro.org and selecting “Public Works (Planet Bids)” from the “DOING BUSINESS” drop down. A compact disc containing electronic copies of the Contract Documents may be obtained at the Economic Development office located at 1249 Main St., El Centro for a fee of $5.00; however, the bidder will be required to register for the project on Planet Bids prior to receipt of the compact disc.

COMPLETION OF WORK: The term of the contract will be for an initial three (3) year period, and will include (2) two options for (1) year extensions up to a total contract of five (5) years.

BIDS TO REMAIN OPEN: The successful CONTRACTOR shall guarantee the total bid price for a period of 120 calendar days from the date of bid opening.

6.a
Packet Pg. 126 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 3 CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California law, the CITY has determined that the successful CONTRACTOR shall possess a valid business license from the City of El Centro and a C-27 Landscaping license from the State of California at the time that the bid is submitted and maintain during the period of the contract.

Failure to possess the specified licenses shall render the bid non-responsive and shall act as a bar to award of the contract to any CONTRACTOR not possessing said licenses. Failure of the successful CONTRACTOR to possess said licenses during the contract period will be considered a breach of the contract.

MANDATORY PRE-BID CONFERENCE: Bidders MUST attend a pre-bid conference which will be conducted by the City’s PROJECT MANAGER on. The meeting will be held at the Economic Development Division, 1249 Main St., El Centro, CA 92243. The objective of the Pre-bid conference is to acquaint Bidders with the scope of work and provide the opportunity to conduct a job walk to familiarize the bidders with the site conditions.

MANDATORY EXAMINATION OF WORK SITES: The CONTRACTOR is required to examine carefully all the sites as listed in the bid document. Absent CONTRACTOR’s solicitation phase bid protest, City of an error in the bid documents, it will be assumed that the CONTRACTOR has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of WORK to be performed, and as to the requirements of the contract documents. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the CONTRACTOR has made such examination.

PROJECT ADMINISTRATION: All communications relative to this WORK shall be directed, in writing, to the CITY’s Community Services Director prior to the opening of bids.

City of El Centro Parks & Recreation Division
1249 Main Street
El Centro, CA 92243
Attn: Adriana Nava
Community Services Director
Telephone: (760) 337-4543
Email - [email protected]
Questions must be submitted in writing by 5:00 pm ____________________, 2024 to allow time for distributing answers and/or clarifications to plan holders. Questions on bids received may be submitted to the City’s Parks Supervisor, Javier Villaverde at least 10 calendar days before the award of bid by 5:00 pm on __________________ to allow time for distributing answers and/or clarification to plans. Questions may be answered in writing posted on website or emailed to all those who picked up bid packets.

CITY’S RESPONSES: Responses to questions that may be asked will be provided by written Addenda. No oral comments shall be of any force or effect with respect to this solicitation.

CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code sections 1770 et seq. as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in such sections for the locality in which the WORK is to be performed. A copy of said wage rates is on file at the office of CITY. It shall be mandatory for

6.a
Packet Pg. 127 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 4 CONTRACTOR to whom the WORK is awarded, and upon any Subcontractor under CONTRACTOR, to pay not less than said specified rates to all workers employed by them in the execution of the WORK.

CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH DEPARTMENT OF INDUSTRIAL RELATIONS: Labor Code section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code section 4104, or engage in the performance of any contract for public work, as that term is defined in Chapter 1, Part 7, Division 2 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5.

Labor Code section 1771.1 also provides that it is not a violation of that section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code section 7029.1 or by Public Contract Code section 10164, provided the contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

RETAINAGE FROM PAYMENTS: CONTRACTOR may elect to receive one hundred (100) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by CITY, by depositing securities of equivalent value with CITY in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by CITY, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and CITY.

No bid will be received unless it is made on the prescribed bid form furnished by the City. No emailed or faxed bids. Each bid must be accompanied by a guaranty of cash, certified check, cashier’s check or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the bid. Such guaranty will be forfeited should the bidder to whom the contract is awarded fail to enter the contract. All guaranties are to be returned after the contract is awarded. See Section 17 of the Instructions to Bidders below.

CITY'S RIGHTS RESERVED: The CITY reserves the right to reject any or all bids, to waive any informality in a bid and to make awards to the lowest responsive, responsible bidder as it may best serve the interest of the CITY.

Date:____________________ CITY: City of El Centro
___________________________

—END OF NOTICE INVITING BIDS—

6.a
Packet Pg. 128 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 5 INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term “Bidder” means one who submits a Bid directly to CITY, as distinct from a sub-bidder, who submits a Bid to a Bidder.

2. INTERPRETATIONS AND ADDENDA.

2.1 All questions about the meaning or intent of the Contract Documents are to be directed to CITY. Interpretations or clarifications considered necessary by CITY in response to such questions will be issued by addenda. Questions received less than seven (7) days prior to the date for opening of bids may not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

2.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by CITY.

3. BASIS FOR SELECTION OF BIDDER. The successful bid will be both responsive and responsible. A responsive bid is determined by reviewing the bid itself.

Responsibility will be determined by looking at the bidder and factors beyond the face of the bid.

A. Responsible bidder as it pertains to this contract shall be as follows:

3.1.1 Standards of Responsibility: The City may reject bids on the basis of nonresponsibility. A responsible bidder is one that has the capacity in all respects to perform fully the contract requirements, and the qualifications which will assure good faith performance of the contract. Factors to be considered in determining whether the standard of responsibility has been met include whether a bidder has:
a. The appropriate financial, material, equipment, facility, capacity (adequate workforce to complete the job in a timely fashion) and personnel resources, including all required certifications, licenses, and expertise necessary to indicate its capacity to meet all contractual requirements, including the following specific requirements:
i.Adequate workforce to meet multiple critical work schedules at once; ii.Ability to start projects on the commencement dates set forth by the City and satisfactorily complete them within the City’s stated time limits; b. A satisfactory record of performance, including but not limited to any prior work performed by bidder for the City or other agency;
c. Evidence of ability to provide the required bonding and insurance capacity.

An apparent low bidder with cash or cashier’s check as bid bond is required to submit a pre-qualification letter from an acceptable surety or cashier’s check as performance bond within fourteen (14) calendar days of the bid opening; d. A satisfactory record of integrity, diligence, and professionalism in the specific contract work;
e. The legal qualifications to contract with the City; and f. Supplied all information requested by the City in connection with the inquiry

6.a
Packet Pg. 129 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 6 concerning responsibility.

3.1.2 Information Pertaining to Responsibility. Before awarding a contract, the City must be satisfied that the prospective CONTRACTOR is responsible. The prospective contractor shall supply any information requested by the City concerning the responsibility of such contractor, including the qualifications and performance records of contractor’s employees and proposed subcontractors. The City may use the information provided by prospective CONTRACTOR as well as information obtained from other legitimate sources, including City staff’s own experience with the prospective CONTRACTOR and prospective CONTRACTOR’S employees.

3.1.3 If the prospective CONTRACTOR fails to supply the requested information, the City may find the prospective CONTRACTOR non-responsible on the basis of its failure to provide the requested information to the City.

3.1.4 The City’s Process Concerning Responsibility.

3.1.5 Written determination of Non-responsibility Requirements. If a bidder who otherwise would have been awarded the Contract is found non-responsible, a written determination of non-responsibility setting forth the basis determination shall be prepared by the City and sent to the non-responsible bidder or offeror.

The bidder shall have an opportunity to submit materials refuting the City’s determination and to appeal the City’s determination of non-responsibility.

4. EL CENTRO BUSINESS LICENSE. All Bidders and their Subcontractors not already having a license from the City of El Centro for the WORK will be required to secure the appropriate business license from the City of El Centro before the Agreement can be executed.

1. DISQUALIFICATION OF BIDDERS. More than one (1) Bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. If CITY believes that any Bidder is interested in more than one (1) Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected.

If CITY believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK.

6. BIDDER’S EXAMINATION OF CONTRACT DOCUMENTS AND SITE
It is the responsibility of each Bidder before submitting a Bid:
(a) To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including “technical data” referred to below); (b) To visit the site to become familiar with and satisfy Bidder as to the general and local conditions that may affect cost, progress or performance of the WORK; (c) To consider Federal, State and local Laws and Regulations that may affect cost, progress or performance of the WORK;

6.a
Packet Pg. 130 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 7 (d) To study and carefully correlate the Bidder’s knowledge and observations with the Contract Documents and other related data; and
(e) To notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related data.
(f) The bidder is required to thoroughly examine the Specifications including Contract Form for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the requirements of the specifications, including the contract. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the bidder has made such examination.

7. BID FORM.

7.1 The Bid shall be made on the Bid Schedule bound herein and the pages may be removed from the bound volume. The envelope enclosing the sealed Bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words “BID FOR” followed by “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities” El Centro, CA, 92243, and the date and hour of opening of Bids.

The Bid Security shall be enclosed in the same envelope with the Bid.

7.2 All blanks on the Bid Form must be completed in ink.

7.3 Bids by corporations must be executed in the corporate name by the president and a vice-president (or other corporate officer). Such Bid shall be accompanied by the enclosed certificate of authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature.

7.4 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by evidence of authority to sign and his/her title must appear under the signature and the official address of the partnership must appear below the signature.

7.5 All names must be printed below the signature.

7.6 The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. Failure to acknowledge Addenda shall render the Bid non-responsive and shall be cause for its rejection.

7.7 The address to which communications regarding the Bid are to be directed must be shown.

7.8 All Bidders must provide evidence of authority to conduct business in California to the extent required by law.

8. QUANTITIES OF WORK. The quantities of work or material stated in unit price items of the Landscape Bid Form are supplied only to give an indication of the general scope of

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Packet Pg. 131 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 8 the WORK; CITY does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the amount of any unit price item of the WORK in accordance with Article 3 of the General Conditions, to delete any Bid item in its entirety, or to add additional Bid items up to and including an aggregate total amount not to exceed twenty-five (25) percent of the Contract Price.

9. 10. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place set forth in the Notice Inviting Bids. It is the Bidder’s sole responsibility to see that its Bid is received in proper time.

11. BID SECURITY, BONDS AND INSURANCE. Each Bid shall be accompanied by a certified or cashier’s check or approved Bid bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City of El Centro and shall be given as a guarantee that the Bidder, if awarded the Agreement, will enter into an Agreement with CITY, and will furnish the necessary insurance certificates, payment bond and performance bond; each of said Bonds to be in the amount stated in the Supplementary General Conditions. In case of refusal or failure to enter into said Agreement, the check or Bid bond, as the case may be, shall be forfeited to CITY. If the Bidder elects to furnish a Bid bond as its Bid security, the Bidder shall use the Bid bond form bound herein, or one conforming substantially to it in form.

12. DISCREPANCIES IN BIDS. In the event of a discrepancy between words and numbers in the Bid, the words shall govern. In the event there are unit price Bid items in the Schedule of Values and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the Bidder shall be bound by said correction. In the event there is more than one (1) Bid item in the Schedule of Values and the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Bidder shall be bound by said correction.

13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, alterations or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic or telephonic Bids or modifications will not be considered.

14. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids.

15. BID RESULTS. To obtain bid results, provide a self-addressed, stamped envelope, referencing “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities General Landscaping Services and Emergency Landscape Services at Various City Parks and

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Packet Pg. 132 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 9 Facilities.” Bid tabulation will be mailed to you after verification of extensions. Bid results will not be given out over the telephone. Bid results may be posted on the City’s website at www.cityofelcentro.org.

16. AWARD OF CONTRACT. Award of a contract, if it be awarded, will be on the basis of the Bid proposal estimated quantities and will be made to the lowest responsive Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid schedule. The lowest Bid shall be the lowest total of the Bid prices on the Base Bid.

17. RETURN OF BID SECURITY. Within fourteen (14) Days after award of the Agreement, CITY will return the Bid securities accompanying such of the Bids as are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany.

18. EXECUTION OF AGREEMENT. The apparent low Bidder will be required to execute a written Agreement with CITY on the form of agreement provided, shall secure all insurance and shall furnish all certificates and Bonds required by the Contract Documents within fourteen (14) calendar Days after receipt of notification that the Bidder is the apparent low Bidder. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be considered non-responsive and result in the forfeiture of the Bid security. If the lowest responsive Bidder refuses or fails to execute the Agreement, CITY may proceed to the second lowest responsive Bidder. If the second lowest responsive Bidder refuses or fails to execute the Agreement, CITY may proceed to the third lowest responsive Bidder.

On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder’s Bid securities shall be likewise forfeited to CITY.

19. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement.

20. WORKERS’ COMPENSATION REQUIREMENT. The Bidder should be aware that in accordance with section 3700 of the California Labor Code it will, if awarded the Agreement, be required to secure the payment of compensation to its employees and execute the Workers’ Compensation Certification in the form contained in these Contract Documents.

22. DEFINITIONS.

For the purposes of this document, the following definitions shall apply:

ADDENDA – Written or graphic instruments issued prior to the Agreement, which modify or interpret the Contract Documents, specifications, by additions, deletions, clarifications, or corrections.

BID – The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed.

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Packet Pg. 133 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 10 BIDDER – Any person, firm, or corporation submitting a bid for the work.

BONDS – Bid, and other instruments of surety, furnished by the CONTRACTOR and the CONTRACTOR's surety in accordance with the Contract Documents.

CHANGE ORDER – A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the work within the general scope of the Contract Documents, or authorizing any adjustments in the contract price.

CITY – CITY OF EL CENTRO
CONTRACT DOCUMENTS – The contract, including information for bidders, Notice of Award, Maintenance Services Agreement, Notice to Proceed, General Conditions, Special Provisions, Insurance Requirements and Addenda.

CONTRACT PRICE – The total moneys payable to the CONTRACTOR under the terms and conditions of the Contract Documents.

CONTRACTOR – The person, firm or corporation with whom the CITY has executed the Agreement for any one or multiple bid divisions.

DIRECTOR – The Community Services Director and or his/her designee.

EXTRA WORK – Additional work directed based on approved bid amounts. Effectuated through a field Order.

FIELD ORDER – A written order effecting a change in the work or EXTRA WORK not involving an adjustment in the contract price, issued by the CITY to the Contractor.

NOTICE OF AWARD – Written notice of the acceptance of the bid from the CITY to the successful bidder.

NOTICE TO PROCEED – Written communication issued by the CITY to the Contractor authorizing him/her to proceed with the work and establishing the date for commencement of the work.

PREPARER OF THESE SPECIFICATIONS – CITY OF EL CENTRO.

PROJECT – The undertaking to be performed as provided in the Contract Documents.

SPECIFICATIONS – A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship and including the General Conditions, and Special Provisions.

SUBCONTRACTOR – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the work at the site.

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Packet Pg. 134 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 11 SPECIAL PROVISIONS – Additions to the General Conditions. In the event of a discrepancy, the Special Provisions shall govern over the General Conditions.

SUPPLIERS – Any person or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site.

WORK – All labor necessary to produce the maintenance required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the project.

WRITTEN NOTICE – Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party or their authorized representative on the work.
- END OF INSTRUCTIONS TO BIDDERS -

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Packet Pg. 135 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 12 BID FORMS
BID TO: CITY OF EL CENTRO

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents entitled “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities.”

2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid security.

3. This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the “Notice Inviting Bids” and the “Instructions to Bidders,” and will furnish the insurance certificates, Payment Bond and Performance Bond required by the Contract Documents.

4. Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of all of which is hereby acknowledged):

Number ______ ______ ______ ______ ______ ______
Date ______ ______ ______ ______ ______ ______

5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where WORK is to be performed, the applicable legal requirements (Federal, State and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary.

To all the foregoing, and including all Bid schedule(s) and information required of Bidder contained in this Bid form, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time set forth in said Contract Documents, and to accept in full payment therefore the Contract Price based on the total Bid price(s) named in the aforementioned Bid schedule(s).

Dated: Bidder:

By:
(Signature)
Title:

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Packet Pg. 136 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 13 BID SCHEDULE - PRICES
Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the bid for General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities and in accordance with Specifications the undersigned Bidder, having familiarized himself with the terms of the Agreement, the local conditions affecting the performance of the Agreement and the cost of the WORK at the place the WORK is to be done; and with the Specifications and other Contract Documents, hereby stipulated; CONTRACTOR agrees to complete the Agreement, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, equipment, tools, expendable supplies, and all utility and transportation services necessary to perform the Agreement, and complete in a workmanlike manner all of the WORK required in connection with the Agreement, all in strict conformance with the Specifications for the following prices and sum.

The following Bid Form of estimated quantities is included for convenience of bidding and a basis for comparison of Bids only, and 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 delete portions of the WORK, as may be deemed necessary or advisable by CITY.

All Bidders are REQUIRED to use unit prices where indicated and to complete this schedule.

All items shall be complete and in place per the Bid and Contract Documents.

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Packet Pg. 137 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 14 BID FORM
Pursuant to and in compliance with the Notice Inviting Bids and the other documents relating thereto, the undersigned Bidder, having familiarized himself/herself with the terms of the Contract and the Contract Documents, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform within the time stipulated, the Work of the Contract, including all of its component parts, and the furnishing of all materials and equipment required to be incorporated in the form a permanent part of the work; the furnishing of tools, equipment, supplies, transportation, utilities, facilities, labor, superintendence and services required to perform and complete the work; bonds, insurance and submittals; and including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Contract, including its acceptance by the CITY for General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities.

Important Note: CONTRACTOR shall be bound to the prices on the Bid Form for the threeyear duration of the contract term. Thereafter, if the contract is extended and at the request of the CONTRACTOR, CITY and CONTRACTOR will meet and revise prices to be effective for the next fiscal year (July 1 - June 30) in February of each year. This increase shall not exceed 3% in any one year. An exception to this limit can be made by the CITY in the event of unforeseen and uncontrollable circumstances such as but not limited to: Fuel Pricing, Workers' Compensation Rates, Prevailing Wage changes, etc.

CONTRACTOR’s Name:

BASE BID
Schedule A – City Parking Lots
Item
No.

Full Service Total Annual Cost
1-A #1 – Old Post Office 5th & Olive
Landscape Maintenance (Irrigation excluded)
$
1-B #1 – Old Post Office 5th & Olive
Irrigation Maintenance
$
2-A #2 – Parking Lot #2 500 Block State
Landscape Maintenance (Irrigation excluded)
$
2-B #2 – Parking Lot #2 500 Block State
Irrigation Maintenance
$
3-A #3 – Office Supply 6th and State
Landscape Maintenance (Irrigation excluded)
$
3-B #3 – Office Supply 6th and State
Irrigation Maintenance
$

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Packet Pg. 138 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 15 4-A #4 – Vet Clinic 5th & Broadway
Landscape Maintenance (Irrigation excluded)
$
4-B #4 – Vet Clinic 5th & Broadway
Irrigation Maintenance
$
5-A. #5 – By Legion
500 Block Broadway
Landscape Maintenance (Irrigation excluded)
$
5-B #5 – By Legion 500 Block Broadway
Irrigation Maintenance
$
6-A. #6 – Pest Control
7th & Broadway
Landscape Maintenance (Irrigation excluded)
$
6-B #6 – Pest Control 7th & Broadway
Irrigation Maintenance
$
7-A #7 – Across Crest 700 Block Main
Landscape Maintenance (Irrigation excluded)
$
7-B #7 – Across Crest 700 Block Main
Irrigation Maintenance
$
8-A #8 – W of lot #3 6th & State
Landscape Maintenance (Irrigation excluded)
$
8-B #8 – W of lot #3 6th & State
Irrigation Maintenance
$
9 #9 Valley Center Point Parking Lot 1120 N. Imperial Ave Landscape Maintenance (Irrigation excluded)
$
TOTAL BID SCHEDULE A (ITEMS 1-9) (In Words) (In Figures)

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Packet Pg. 139 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 16 Schedule B – City Facilities
Item
No.

Full Service Total Annual Cost
10-A City Hall & Econ. Dev.
1275 & 1249 Main St.

Landscape Maintenance (Irrigation excluded)
$
10-B City Hall & Econ. Dev.
1275 & 1249 Main St.

Irrigation Maintenance
$
11-A El Centro Town Square
Landscape Maintenance (Irrigation excluded)
$
11-B El Centro Town Square
Irrigation Maintenance
$
12-A 8th and Vine Park
Landscape Maintenance (Irrigation excluded)
$
12-B 8th and Vine Park
Irrigation Maintenance
$
13-A Fire Station #1
Landscape Maintenance (Irrigation excluded)
$
13-B Fire Station #1
Irrigation Maintenance
$
14-A Fire Station #2
Landscape Maintenance (Irrigation excluded)
$
14-B Fire Station #2
Irrigation Maintenance
$
15-A Fire Station #3
Landscape Maintenance (Irrigation excluded)
$
15-B Fire Station #3
Irrigation Maintenance
$
16-A Old Post Office Pavilion
Landscape Maintenance (Irrigation excluded)
$
16-B Old Post Office Pavilion
Irrigation Maintenance
$
17-A Police Department
Landscape Maintenance (Irrigation excluded)
$
17-B Police Department
Irrigation Maintenance
$
18-A Business Incubator
Landscape Maintenance (Irrigation excluded)
$
18-B Business Incubator
Irrigation Maintenance
$
19-A El Centro Aquatic Center
Landscape Maintenance (Irrigation excluded)
$
19-B El Centro Aquatic Center
Irrigation Maintenance
$
20-A Sidewinder Skate Park
Landscape Maintenance (Irrigation excluded)
$

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Packet Pg. 140 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 17 20-B Sidewinder Skate Park
Irrigation Maintenance
$
21-A Martin Luther King Jr. Sports Pavilion
Landscape Maintenance (Irrigation excluded)
$
21-B Martin Luther King Jr. Sports Pavilion
Irrigation Maintenance
$
22-A El Centro Library
Landscape Maintenance (Irrigation excluded)
$
22-B El Centro Library
Irrigation Maintenance
$
23-A Dog Park
Landscape Maintenance (Irrigation excluded)
$
23-B Dog Park
Irrigation Maintenance
$
24-A First Responders Park
Landscape Maintenance (Irrigation excluded)
$
24-B First Responders Park
Irrigation Maintenance
$
TOTAL BID SCHEDULE B (ITEMS 10-24) (In Words) (In Figures)

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Packet Pg. 141 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 18 Schedule C – Road Medians
Item
No.

Full Service Total Annual Cost
25-A Cypress Circle @ Poplar Dr. & Cypress
Landscape Maintenance (Irrigation excluded)
$
25-B Cypress Circle @ Poplar Dr. & Cypress
Irrigation Maintenance
$
26-A Main Street Trimming (4th to 8th St.), raking, weeding, DG maintenance, clean gutter & grates
Landscape Maintenance (Irrigation excluded)
$
26-B Main Street Trimming (4th to 8th St.), raking, weeding, DG maintenance, clean gutter & grates
Irrigation Maintenance
$
27-A Ocotillo Avenue between 24th St and Ocotillo Dr.

Landscape Maintenance (Irrigation excluded)
$
27-B Ocotillo Avenue between 24th St and Ocotillo Dr.

Irrigation Maintenance
$
28-A Orange Avenue Strip South of Haskell/Sunset and
West of Lotus
Landscape Maintenance (Irrigation excluded)
$
28-B Orange Avenue Strip South of Haskell/Sunset and
West of Lotus
Irrigation Maintenance
$
TOTAL BID SCHEDULE C (ITEMS 25-28) (In Words) (In Figures)

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Packet Pg. 142 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 19 Schedule D – Transit Facilities
Item
No.

Full Service Total Annual Cost
29-A El Centro Transit Center 7th and State
Landscape Maintenance (Irrigation excluded)
$
29-B El Centro Transit Center 7th and State
Irrigation Maintenance
$
TOTAL BID SCHEDULE D (ITEMS 29) (In Words) (In Figures) SCHEDULE E – Extra Work
Item
No.

Extra Work – All Locations Hourly Cost
Labor including work truck/tools

30. Common Labor $

31. Skilled Technician $

32. Supervisor $

33. Emergency / After Hour Response $
Equipment

34. Spray equipment $

35. Tractor with implements $

36. Slit seeder $

37. Mower $
TOTAL BID SCHEDULE E (ITEMS 30-37) (In Words) (In Figures)

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Packet Pg. 143 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 20 SCHEDULE F – Contractor Markup
In order to determine a low bid for Schedule F, the contractor’s markup percentage costs for items in Bid Schedule F shall be multiplied by the sample Total Cost shown below. Contractor is to insert the standard markup for the items listed as a percentage and extend the dollar amount in the bid schedule.

Item
No.

Description Total Cost
(Comparison Basis
Only)
Percentage of
Cost
Amount

38. Materials Markup $1,000

39. Equipment Markup $1,000

40. Contractor’s Fee Markup $1,000

41. Performance and Payment
Bond Cost $1,000

42. General Conditions $1,000

43. Premium Labor $1,000
TOTAL BID SCHEDULE F (ITEMS 38 - 43) (In Words) (In Figures)

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Packet Pg. 144 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 21 ADDITIVE BID ITEMS:

Item
No.

Additive Item Cost per unit

44. Special Provisions Section 17 Item 1 – City Parking Lots & Strip (AH) The CONTRACTOR shall provide ten 5-gallon shrubs per month to replace dead plant material where requested by CITY.
$

45. Special Provisions Section 17 Item 2 – City Hall and Economic Development Offices
The CONTRACTOR shall provide five 5-gallon shrubs per month to replace dead plant material where requested by CITY.
$

46. Special Provisions Section 17 Item 3 – Sidewinder Skate Park The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY. $

47. Special Provisions Section 17 Item 4 – Martin Luther King Junior Pavilion/Conrad Harrison Youth Center
The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY. $

48. Special Provisions Section 17 Item 5 – Cypress Drive Roundabout Re-seeding 2 times per year (Bermuda and Rye grass).
$

49. Special Provisions Section 17 Item 6 – Main Street Planters The CONTRACTOR shall provide five 5-gallon shrubs per month to replace dead plant material where requested by CITY.
$

50. Special Provisions Section 17 Item 7 – El Centro Town Square The CONTRACTOR shall provide five 5-gallon shrubs per month to replace dead plant material where requested by CITY.
$

51. Special Provisions Section 17 Item 8 – El Centro Transit Center The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY. $

52. Special Provisions Section 17 Item 9 – Small Park on 8th Street and Vine Street
Re-seeding 2 times per year (Bermuda and Rye grass) and compost. $

53. Special Provisions Section 17 Item 10 – Fire Station #1 Re-seeding 2 times per year (Bermuda and Rye grass) and compost. $

54. Special Provisions Section 17 Item 11 – Fire Station #2 Re-seeding 2 times per year (Bermuda and Rye grass) and compost. $

55. Special Provisions Section 17 Item 12 – Fire Station #3 $

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Packet Pg. 145 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 22 The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY.

56. Special Provisions Section 17 Item 13 – Old Post Office Pavilion Re-seeding 2 times per year (Bermuda and Rye grass) and compost. $

57. Special Provisions Section 17 Item 14 – Police Department Re-seeding 2 times per year (Bermuda and Rye grass) and compost. $

58. Special Provisions Section 17 Item 15 – Medians and Strips The CONTRACTOR shall provide ten 5-gallon shrubs per month to beautify or replace dead plant material where requested by CITY. $

59. Special Provisions Section 17 Item 16 – El Centro Library The CONTRACTOR shall provide ten 5-gallon shrubs per month to replace dead plant material where requested by CITY.
$

60. Special Provisions Section 17 Item 17 –Dog Park
Re-seeding 2 times per year (Bermuda and Rye grass) and compost. $

61. Special Provisions Section 17 Item 18 –First Responders Park Re-seeding 2 times per year (Bermuda and Rye grass) and compost. $
TOTAL ADDITIVE BID (ITEMS 44 - 61) (In Words) (In Figures) $
Total Base Bid – Sum of Bid Schedules A, B, C, D, E, and F $____________________ Total Base Bid in Words:
_____________________________________________________________________________

Total Additive Bid $____________________
Total Additive Bid in Words:
_____________________________________________________________________________

BASIS OF AWARD
Award of contract, if any be made, shall be made to the Contractor with the lowest responsive responsible bid based on the Base Bid (Bid Schedules A, B, C, D, E, and F, Items 1 through 44).

The quantities shown in the contract bid form for this project are for the purposes of determining the lowest responsible bidder and establishing a budget. The quantities in no way represent the actual amount of work that will be available or will become available. Adjustments in unit prices must not be allowed on any bid item regardless of the quantity of work available from or authorized by the City.

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Packet Pg. 146 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 23 ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall list below any and all addenda issued for this project. Failure to list issued addenda will result in a non-responsive bid:

ADDENDA (Please acknowledge with initials) DATE RECEIVED l.

2. 3.

4. 5.

6. -END OF ACKNOWLEDGMENT OF ADDENDA6.a
Packet Pg. 147 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 24 LIST OF SUBCONTRACTORS
The Bidder shall list below the name and the location of the place of business of each Subcontractor who will perform work or labor or render service to CONTRACTOR in or about the construction of the WORK, or a Subcontractor licensed by the State who, under subcontract to CONTRACTOR, specially fabricates and installs a portion of the WORK according to the specifications, in an amount in excess of one-half (0.5) of one (1.0) percent of CONTRACTOR’s Total Bid. The Bidder shall also list below the portion of the WORK which will be done by each Subcontractor under this contract. CONTRACTOR shall list only one (1) Subcontractor for each portion of the WORK. If Bidder does NOT intend to use ANY subcontractors, state “NONE” in the first block.

Substitutions of subcontractors listed will not be permitted unless approved by the CITY.

PORTION OF WORK NAME OF

SUBCONTRACTOR

DIR REGISTRATION
NUMBER

PLACE OF BUSINESS
ADDRESS/TELEPHONE No.
-END LIST OF SUBCONTRACTORS6.a
Packet Pg. 148 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 25 GENERAL INFORMATION
BIDDER’S GENERAL INFORMATION:

The Bidder shall furnish the information requested below. Additional sheets shall be attached as required. Failure to complete Item Nos. 1 through 3 will cause the Bid to be non-responsive and shall cause its rejection. In any event, no award will be made until all of the Bidder’s general information (i.e., items 1 through 3, inclusive) is delivered to CITY.

INFORMATION TO BE PROVIDED BY ALL BIDDERS WITH BID SUBMITTAL:
(1) CONTRACTOR’s name and address:

(2) CONTRACTOR’s telephone number: FAX number:
(3) CONTRACTOR’s license: Primary classification
California State License No. and Expiration Date
Supplemental classifications held, if any:

Name of Licensee, if different from (1) above:

To be considered for award, CONTRACTOR shall have met all requirements established by CITY of the Project.
-END GENERAL INFORMATION6.a
Packet Pg. 149 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 26 EXPERIENCE STATEMENT
The bidder shall submit, as a part of its bid, the following statements as to its experience qualifications. The bidder certifies that all statements and information set forth are true and accurate.
a. The bidder has been engaged in the contracting business under its present business name for _____ years.
b. Experience in work of nature similar in type and magnitude to that set forth in the specification extends over a period of years.
c. The bidder, as CONTRACTOR, has satisfactorily completed all contracts awarded to it, except as follows: (Name any and all exceptions and reasons therefore). Bidder should attach additional pages if necessary.

1. 2.
d. The following contracts covering work similar in type and magnitude to that set forth in the specifications have been satisfactorily completed within the last five (5) years for the following owners (person, firms or authorities): It is acceptable to provide an attached list of projects in lieu of the form below.

Name/Owner Tel. No. Type of Work Contract Amount
(Rounded to Closest
Thousand Dollars)

1. 2.

3. 4.

5. 6.
-END OF EXPERIENCE STATEMENT6.a
Packet Pg. 150 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 27 NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am
_____________________________________________________________________________________________, _____________________________________________________________________________________________ (Insert “Sole Owner”, “Partner”, “President”, “Secretary”, or other proper title) of ___________________________________________________________________________________________ (Insert name of bidder)
The party making the forgoing bid/proposal submitted herewith to the City of El Centro declares:
-That the bid is not made in the interest of, or on behalf of, any undisclosed person partnership, company, association, organization, or corporation;
-That the bid is genuine and not collusive or sham;
-That the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; -That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, of that of any other, bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;
-That all statements contained in the bid are true;
-That the bidder has nor directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
-Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________ [date] at _______________________[city] __________ [state].

Date ________________ _______________________________________ Contractor’s Name
_______________________________________
Contractor’s Signature
_______________________________________
Title
-END OF NONCOLLUSION DECLARATION6.a
Packet Pg. 151 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 28 BID BOND

KNOW ALL MEN BY THESE PRESENTS,
That _____________________________ as Principal, and ____________________as Surety, are held and firmly bound unto the City of El Centro, hereinafter called “CITY,” in the sum of __________________________ dollars, (_______________) (not less than ten (10) percent of the total amount of the Bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a Bid to said CITY to perform the WORK required under the Bid schedule(s) of CITY’s Contract Documents entitled:

General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities NOW THEREFORE, if said Principal is awarded a contract by said CITY and, within the time and in the manner required in the Notice Inviting Bids and the Instructions to Bidders enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said CITY and CITY prevails, said Surety shall pay all costs incurred by said CITY in such suit, including reasonable attorneys’ fee to be fixed by the court and actual costs.

SIGNED AND SEALED, this day of , 20
(SEAL) (SEAL)
(Principal) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
-END BID BOND6.a
Packet Pg. 152 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 29 CORPORATE CERTIFICATION
OR

PARTNERSHIP INFORMATION
Name of Corporation or Partnership________________________________________________ State of Incorporation___________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Date_____________________________ CONTRACTOR
_______________________
Signature_________________________ Title________________________________ ATTEST:
__________________________________
Signature by
__________________________________
Title
-END OF CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION6.a Packet Pg. 153 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 30 DRUG/ALCOHOL TESTING REQUIREMENTS
CONTRACTOR shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.

I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.

CONTRACTOR certifies compliance with the City of El Centro’s Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code sections 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. Sections 701 et seq.) In addition, CONTRACTOR agrees to submit a copy of its own drug free workplace policy.

Dated_____________________________

________________________________________
CONTRACTOR’s Name
_________________________________________
CONTRACTOR’s Signature
_________________________________________
Title
- END DRUG/ALCOHOL TESTING REQUIREMENTS –

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Packet Pg. 154 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 31 WORKERS’ COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861

OF THE CALIFORNIA LABOR CODE)
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 Agreement.

CONTRACTOR:

By:

Title:
- END OF WORKERS’ COMPENSATION CERTIFICATE –

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Packet Pg. 155 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 32 SITE VISIT CERTIFICATE
THIS IS TO CERTIFY that:

I, ___________________________________________________(name of bidder or his representative) of the _____________________________________________________ (name of construction firm) visited the site in connection with the Bid for General Landscaping Services and Emergency Landscape Services at Various City Parks and Facilities.

Having examined the bid documents, I certify that I have acquainted with the nature, geographical and exact location of the works; the general conditions of execution; the neighboring buildings and other constraints that might affect the construction methods; the obligation not to obstruct the traffic where requested, or the flow of any water; the physical conditions specific to the construction sites; the climatic conditions; local conditions; means of communication and transport; the possibility of supplying water, electricity and fuel; the availability of labor sufficient in number and quantity; all constraints and obligations resulting from social, tax and customs legislation; and all conditions and circumstances which might influence the execution or price of the works.

I further certify that I am satisfied with the description of the works and the Project Engineer’s explanations and that I understand perfectly the works to be undertaken as specified and implied in the execution of the Contract.
______________________________________________
(Name and Signature of Bidder or his Representative)

Date : ______________________
Note 1: This form shall be completed at the time of the visit to the site where the works are to be carried out.
- END OF SITE VISIT CERTIFICATE –

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Packet Pg. 156 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 33 CONTRACTOR’S CERTIFICATION OF QUALIFICATION

FOR LICENSE CLASSIFICATION
After award of the contract, the CONTRACTOR, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:

1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.

2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.

3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.

If the individual who qualifies the CONTRACTOR for the license classification called for in these contract documents changes during the progress of the work, then CONTRACTOR shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.

For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the CONTRACTOR and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the CONTRACTOR under California law.

DATED:____________________ CONTRACTOR:___________________________________ SIGNATURE:_____________________________ TITLE:______________________________ ATTEST:

SIGNATURE BY:___________________________________________ TITLE:__________________________________________________ - END OF CONTRACTOR’S CERTIFICATION OF QUALIFICATION –

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Packet Pg. 157 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 34 PERFORMANCE BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 20__, and identified as project _______________________________________________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the principal and _____________________________________, as surety, are held and firmly bound unto the City of El Centro (hereinafter designated as “El Centro”) in the penal sum of ____________________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Centro, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by El Centro in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on ______________________, 20__.
(SEAL) (SEAL)

(CONTRACTOR) (Surety)
By: By:
(Signature) (Signature)
- END OF PERFORMANCE BOND –

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Packet Pg. 158 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 35 PAYMENT BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________ (hereinafter designated as “the principal”) have entered into an Agreement whereby the principal agrees to install and complete certain designated public improvements, which Agreement, dated _____, 20 ___, and identified as project _________________________________________________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the Agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro to secure the claims to which reference is made in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

Now, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the City of El Centro and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement and referred to in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code in the sum of ________________________________________________________ dollars ($__________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of El Centro in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on _____, 20___.
(SEAL) (SEAL)

(CONTRACTOR) (Surety)
By: By:
(Signature) (Signature)
- END OF PAYMENT BOND -

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Packet Pg. 159 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 36 CITY OF EL CENTRO

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT (“Agreement”), is made and effective , by and between the City of El Centro, a municipal corporation ("CITY"), and , a [sole proprietorship, partnership, limited liability partnership, corporation] ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article II of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the following:

Tree trimming 15 feet maximum
Tree removal including stump and roots
Tree planting per City Guidelines
Lawn mowing/edging maintenance
Irrigation system (all systems) maintenance
Weed abatement
Clean up and disposal and/or recycling of generated green waste Root pruning and root barrier installation
Shrub trimming
Groundcover maintenance
Fertilizing
Emergency on-call services

The scope of work is more specifically described in these Specifications.

By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.

CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor.

To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY on account of delay, hindrance, interference or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in Special Provisions, Section 4 “Turf Mowing Schedule” and in Special Provisions Section 17 “Site Maps”, hereinafter referred to as Project Schedule. All work shall commence ten (10) calendar days after

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Packet Pg. 160 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 37 receiving a written Notice of Award from the CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the Notice Inviting Bids, and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to the CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Schedule. The entire Project shall be completed within 36 months with yearly extensions available as determined by the Director for a maximum contract of 60 months.

III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of dollars and cents ($ ) for the first two years of the Agreement.

Thereafter, CONTRACTOR may request and CITY shall consider an increase in compensation for any extension in an amount no greater than the CPI increase/3% or for each extension year.

IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the CITY by the CONTRACTOR, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions. The CONTRACTOR shall provide a monthly billing to CITY showing the specific work done on the schedule required as set forth in the Specifications. CITY shall not make any payment for disputed work (i.e. work not done to the appropriate standard) or for work not done. CITY may retain 5% from each monthly payment which would be paid when disputed work is completed to the CITY’s satisfaction. This retention is in addition to liquidated damages.

V. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the CONTRACTOR.

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel’s fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment

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Packet Pg. 161 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 38 rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

VII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Imperial County. Wage rates shall conform with those included with the bidding documents, including all pre-determined wage increases, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

IX. CERTIFICATIONS
Contractor shall have a Class C27 License.

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Packet Pg. 162 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 39 X. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

XI. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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Packet Pg. 163 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 40 Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including nonowned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured.

Policy shall contain no language that would invalidate or remove the insurer’s duty to

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Packet Pg. 164 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 41 defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors.

CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims.

CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby

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Packet Pg. 165 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 42 waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against who claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

City’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the

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Packet Pg. 166 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 43 CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

XII. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XIII. REGISTRATION REQUIREMENTS [applicable to public works projects] Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not 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 contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.

CONTRACTOR must ensure registration with the DIR that is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public

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Packet Pg. 167 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 44 works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.

XIV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that , whose title is , is authorized to act for and bind the corporation.

XV. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.

XVI. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR

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Packet Pg. 168 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 45 whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVII. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage and that such damage may be difficult to quantify. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of five hundred dollars ($500) for each and every calendar day of delay beyond the Contract Time, or beyond any scheduled action under this Agreement, established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.

CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY’s ability to seek other damages.

CONTRACTOR is to refer to Project Schedule for duration of individual activities.

Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Schedule.

XVIII. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto: Delete the ones that don’t apply
Notice Inviting Bids Proposed Subcontractors
Scope of Summary Bid Bond
Information for Bidders Information Required of Bidder
Bid Form Contract
Non-Collusion Declaration Certificate Re. Worker’s Compensation Site Visit Certification Drug-free Workplace Certification Faithful Performance Bond Addenda

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Packet Pg. 169 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 46 Labor and Materials Payment Bond Drawings
General Conditions Aerial Maps
Special Provisions Change Orders
All of the above named CONTRACT DOCUMENTS are intended to be complementary.

Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XIX. ENTIRE CONTRACT
This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties. No waiver of any term or condition of this agreement shall be a continuing waiver thereof.

CONTRACTOR CITY
City of El Centro
By: ____________________________ By: ____________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________

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Packet Pg. 170 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 47 GENERAL CONDITIONS

1. GENERAL: The CONTRACTOR shall be experienced in horticulture and landscape maintenance, practices and techniques, and shall provide skilled, uniformed, and sufficient number of workers, with adequate equipment, to perform the WORK throughout the year.

WORK to be performed shall include the mowing of all lawn and turf areas in parks and/or facilities as listed in the contract documents.

WORK to be performed shall include the mowing, trimming, and edging, of lawn and turf areas, trimming & pruning of plants & trees, maintenance of ground covering & check all irrigation systems per the Special Provisions. All sprinkler heads shall be kept clear through weed eating or manual cleaning.

The CONTRACTOR shall provide regular inspection of turf area for pests and diseases.

Approved herbicide shall be applied to control broadleaf weeds. Applications of pre-emergent herbicide shall be used for winter annual weeds. The CONTRACTOR shall hold the appropriate applicator license through the Department of Pesticide Regulation.

The CONTRACTOR shall also sweep or rake lawn and turf areas as needed to keep them clean and clear of all lawn clippings as a result of said mowing. The CONTRACTOR shall keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. Means of sweeping and/or cleaning may be by manual labor such as sweeping or the use of power blowers and/or the use of mechanical sweepers. In no case shall any equipment be used that is determined to be a safety hazard or a public nuisance by the CITY’s authorized representative.

The CONTRACTOR also will remove on days of scheduled mowing, by whatever means appropriate, and before any mowing all trash and debris in area to be mowed so as to avoid creating additional debris and prevent hazards that may result from mowing over such items. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY for the CITY’s jobs only.

The CONTRACTOR shall provide tree and shrub pruning and associated WORK.

2. INCIDENTAL MOWING: The CONTRACTOR agrees that the intent of the contract is for the CONTRACTOR to maintain the park and facilities within the terms and conditions stated herein. Although usual mowing will be on a regular mutually-agreed upon schedule, occasional mowing may be required to meet the needs of special occasions or events at various parks and or facilities. Said occasional mowing as required at any given park or facility outside the normal scheduled mowing shall be termed incidental mowing. Incidental mowing shall be included in the monthly amount paid as indicated in the contract documents. The CITY for such incidental mowing shall pay no additional costs.

3. ADDITIONS AND DELETIONS OF PARKS AND FACILITIES: The CONTRACTOR agrees that the number of parks or facilities may be increased or decreased from time to time.

Such increases may be due to new developments or annexations to the City. Parks and facilities shall be increased or decreased, upon written by the CITY. Increase parks and facilities shall be in addition to those already indicated in the contract documents. All additional mowing of parks and facilities shall be paid by the CITY monthly, at a rate agreed prior to commencing of said

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Packet Pg. 171 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 48 mowing, and upon monthly invoice by the CONTRACTOR. Additionally, the CITY reserves the right to reduce the frequency of park and facility mowing to cover additions or reductions of parks and facilities. In all cases, reductions or additions to mowing shall be based on previously agreed upon rate for said mowing. Changes in mowing additions or reduction shall be negotiated between the CONTRACTOR and the CITY’s authorized representative.

4. SPECIAL AND EMERGENCY MOWING: The CONTRACTOR agrees to provide special mowing and landscape maintenance upon demand by the CITY in addition to any and all mowing specified elsewhere herein at a rate agreed upon and listed in bid documents as per location. Said special mowing shall be mowing which may be required and provided for in the scope of WORK. Special mowing may be required at any day of the week including weekends and or holidays. The CONTRACTOR shall provide mowing within (24) hours after receiving request. The CITY shall pay payment for such mowing monthly, at a rate agreed prior to commencing of said mowing, and upon monthly invoice by the CONTRACTOR.

5. EQUIPMENT: It shall be the responsibility of the CONTRACTOR to provide all necessary equipment as may be needed to perform the duties of the contract and as listed in the contract documents. All equipment used in the performance of the contract shall meet and or exceed all local, State and Federal safety standards that may apply to such devices. The CITY reserves the right to terminate the use of any equipment that it deems hazardous, excessively noisy or considered to be a public nuisance to the health of its residents, employees or authorized agents.

All equipment used in the performance of the contract shall be clearly marked so as to be identifiable as belonging to the CONTRACTOR. All equipment shall be kept in good working order with mower and edger blades kept sharp and free of damage. Mowing of the listed parks and facilities shall be accomplished by the use of rotary mowers or reel mowers. Use of flail mowers is prohibited under the terms of the contract.

6. PARK AND FACILITY USE: The CITY reserves the right to use any or all of its facilities listed in the contract at any time it deems appropriate and or necessary, and may at its discretion, make changes to mowing schedules upon seventy-two (72) hours written notice to the CONTRACTOR.

7. PERMITS AND LICENSES: The CONTRACTOR shall at its own cost and expense apply for and obtain all necessary permits and licenses required in connection with the requirements of the contract. The CONTRACTOR shall at all times, comply with all laws, ordinances, and regulations of all governmental authorities under which the WORK is performed pursuant to the contract. The CONTRACTOR shall maintain a file containing all necessary permits and licenses available for the CITY to inspect at any time. In the event laws, ordinances, and/or regulations of governmental authorities are enacted subsequent to the signing of the contract, which have an impact on costs to the CONTRACTOR, said costs either positive or negative shall be negotiated and adjustments may be made to the amounts to be paid as indicated in the contract.

8. INDEPENDENT CONTRACTOR: In the performance of the services under the contract, the CONTRACTOR shall be an independent contractor, maintaining complete control of its personnel and operations. As such, the CONTRACTOR shall pay all salaries, wages, expenses, social security taxes, Federal and State unemployment taxes and any similar taxes relating to the performances of the contract. The CONTRACTOR shall be held responsible for its workers and subcontractors when working with and/or around hazardous materials and the education thereof.

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Packet Pg. 172 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 49 9. SUBCONTRACTORS: The CONTRACTOR shall not subcontract any parts of the contract without the prior written consent of the CITY. All persons engaged in the park and facilities mowing service will be considered as employees of the CONTRACTOR, and subject to the provision of the contract. Additionally, the contract and the WORK to be performed under the contract shall not be in any way assigned or transferred by the CONTRACTOR without written consent of the CITY.

10. PENALTIES FOR NON-PERFORMANCE: In the event the CONTRACTOR does not complete required services as listed in contract documents designated for a given week, the CITY shall deduct from the amount owed the CONTRACTOR the proportionate value of the incomplete WORK. Deductions will be specific as to park and or facility for which service was not performed. A deduction of Fifty dollars ($50) per service not performed per service interval.

11. TERM: The contract will be for a term of two (2) years. The contract may be extended for three (3) additional one (1) year periods upon mutual agreement between the CONTRACTOR and the CITY.

13. GENERAL
a) Specification Disclaimer
CONTRACTOR acknowledges that the Services specified in this document are not intended to express every detail of the Service to be provided by the CONTRACTOR and the CONTRACTOR hereby represents that it is experienced and competent in providing Service that meets or exceeds generally accepted practices commensurate with those provided by other companies that provide such Service.

b) Maintenance of Service Records and Disclosure
Maintenance and Service Monthly Checklist Documentation is located in the Special Conditions section of these specifications.

CONTRACTOR shall prepare and maintain records for Services provided and chemicals applied to the property in order to substantiate charges to CITY for such Services.

CONTRACTOR shall retain such records for a period of twelve (12) months from the date of performance of the Service. CONTRACTOR may be called upon periodically by the CITY to perform work not herein specified. Such work will be classified as change orders.
c) Staging of Operations

The CONTRACTOR shall stage their work at each location out of the way of pedestrian and auto traffic. CONTRACTOR vehicles shall have traffic control erected around any parked vehicles. Parking on IID right of way and City of El Centro travel ways is prohibited, unless provided prior approval by either agency. d) Supervision

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Packet Pg. 173 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 50 3.1.5.1 CONTRACTOR shall provide adequate supervisory staff to supervise and direct its employees and subcontractors, if any, in providing service and compliance with these specifications.

3.1.5.2 The supervisor (either CONTRACTOR’s employee or a subcontractor’s employee) shall not leave the site until all work is completed.

3.1.5.3 CONTRACTOR must have a system so the crew performing the work can communicate with the CITY. The system may involve telephone communication between the CITY and the CONTRACTOR and then communication via radio with the crew performing the work. Alternatively, supervisory personnel must be able to functionally communicate as may be required from time to time to report emergencies, equipment malfunctions, and to correctly understand instructions by the CITY.

3.1.5.4 In addition to the supervisory staff assigned to the direct supervision of the landscape maintenance crew, CONTRACTOR shall maintain and show evidence of an adequate management level supervisory staff who shall make periodic scheduled and unscheduled visits to each site during normal business hours and when service is being performed. The purpose of these visits is to ensure maintenance at the optimum level.

3.1.5.5 CONTRACTOR shall monitor and appraise its own performance based on this contract, the objective being to measure the effectiveness of the landscape maintenance program. The CONTRACTOR will be available for a monthly walk through of the site with the CITY or CITY’s Representative, or as necessary. e) Frequency of Services
The landscape and maintenance tasks are to be performed at the locations listed in the Special Provisions. The task frequency and number of occurrences throughout the year shall be determined based on geographic locations, growing season and the type of landscaping/maintenance at each property. In the event that time is lost due to inclement weather, the CONTRACTOR shall reschedule his crews and divide their times accordingly to visit each site during the time remaining. The CONTRACTOR shall be allowed to work on Saturdays/Sundays, if needed to make up for rain days with prior approval.
f) Uniformed Employees
CONTRACTOR’s crews including laborers and supervisors shall perform work on the premises in a uniform to be designed by the CONTRACTOR. Uniforms must be in good repair and worn properly including wearing of shirts at all times. CONTRACTOR’s vehicles on the premises shall be marked with the CONTRACTOR’s name and/or logo. g) Communication Protocol
CONTRACTOR shall meet with the CITY to walk the property to discuss conditions, schedules, and items of concern regarding this agreement at the request of the CITY.

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Packet Pg. 174 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 51 CONTRACTOR, at the request of the CITY, shall make available weekly or monthly logs as to time, date, and type of services performed.
h) Interference with the Public
CONTRACTOR hereby agrees to reasonably adjust the times of the day and days of the week when work is performed to minimize interference with public events.

CONTRACTOR shall provide protection for CITY employees, residents, and the general public when working on landscape, sidewalks, driveways, or near building and building entrances.
i) Clean-up
The CONTRACTOR shall at all times keep the premises occupied by him and access to such premises in a neat, clean and safe condition. Upon completion of any Work, the CONTRACTOR shall promptly remove all his equipment, temporary structures, and surplus construction and other materials not to be used at or near the same location at the end of each day. Upon completion of any work and before final payment is made, the CONTRACTOR shall, at his expense, satisfactorily dispose of all plants, rubbish, unused materials, and other equipment and materials belonging to him or used in the performance of work and the CONTRACTOR shall leave the premises in a neat, clean and safe condition. In the event of the CONTRACTOR's failure to comply with any of the foregoing, the same may be accomplished by the CITY at the CONTRACTOR's expense.

14. EXISTING CONDITIONS AND EXAMINATION OF SITE
CONTRACTOR acknowledges that it has inspected or was able to inspect the work sites and that it understands the Service requirements and conditions under which the Service is to be performed. No allowances shall be made due to the CONTRACTOR’s error, negligence or failure to have adequately inspected the sites where Service is to be performed. CONTRACTOR acknowledges, understands and agrees that the cost of the Service is intended to cover foreseeable work, risks, hazards and difficulties inherent to the Service of this nature.

15. DESIGNATION LETTER OF GENERAL SUPERINTENDENT
The CONTRACTOR shall submit a letter designating the General Superintendent for the Project to the CITY, within 10 days after the issuance or the notice to proceed. Substitutions will not be permitted without prior approval of the CITY. The letter shall also include emergency contact information for the CONTRACTOR.

16. INSURANCE
See the form of contract above for insurance requirements.

17. LOSS PREVENTION

17.01 The CONTRACTOR shall examine the landscape, including irrigation system, on a monthly basis or as outlined in in these Landscape Maintenance Specifications and the

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Packet Pg. 175 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 52 Monthly Checklists for this project, looking for problems or potential problems with the landscape.

17.02 The CONTRACTOR shall make minor replacements and repairs to the landscape facilities as part of the required maintenance work. A minor item would be something that takes less than 15 minutes to repair by a skilled workman, using minimal replacement parts. Major items (including replacement of or installation of plants outside of the bid schedule) needing replacement or repair shall be reported to the CITY within one week of occurrence. Major items shall be considered and approved by change order to the required work.

The CONTRACTOR shall be available to perform additional work related to the landscape maintenance as may be authorized in writing by the CITY. Such work shall be non-minor items relating to landscape care or maintenance, which are not a part of the normal maintenance work, as outlined in this specification.

17.03 Damages from CONTRACTOR Operations

17.03.01 CONTRACTOR agrees to repair or replace all damage to residential and/or neighboring property caused by equipment or employees of the CONTRACTOR.

17.03.02 Lawn, trees, shrubs, hardscapes, or ground covers that are damaged or destroyed due to the CONTRACTOR’s operations, negligence or misuse of chemicals shall be replaced at CONTRACTOR’s expense within thirty (30) days of discovery. Replacement plants shall be comparable in size to the lost plant, or shall be approved by CITY, if smaller. The CONTRACTOR will repair grades and other work necessitated due to planting and removal and replacements.

17.03.03 In the event that the lawn becomes sparse or barren due to CONTRACTOR neglect during the period of maintenance,
CONTRACTOR shall repair lawn to its previous condition and to the CITY’s satisfaction. Lawn areas shall be kept as green and healthy as possible at all times in all areas to maintain a high level of appearance.

17.03.04 Irrigation equipment that is damaged or destroyed due to the CONTRACTOR’s operations shall be repaired or replaced by the CONTRACTOR promptly at CONTRACTOR’s expense.

17.03.05 Damage to any backflow preventers (BFPs) or fire valves or other utility equipment existing in landscaped areas caused by the CONTRACTOR’s employees or equipment shall be repaired or replaced by the CONTRACTOR at its cost, immediately after such damage.

18. RESPONSE TIME
The CONTRACTOR, at no additional cost, is to be available to respond to emergency calls regarding landscape care or maintenance for the project sites of this contract. The CONTRACTOR shall respond within two hours after initial contact by the CITY or the CITY’s

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Packet Pg. 176 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 53 representative. The CONTRACTOR shall address the issue per these specifications. After the CONTRACTOR has evaluated and/or pacified the issue, the CONTRACTOR and CITY will discuss the work required to completely correct the issue. Should the issue be considered a major item, then major item shall be corrected by change order upon approval of the CITY.

19. LAWS, CODES, AND ORDINANCES
Any requirement of this specification that conflicts with or is in violation of any government rule, ordinance, regulation, etc. shall be void. The CONTRACTOR shall notify the CITY immediately of any such requirement found in this specification.

The CONTRACTOR shall, throughout the course of this work, comply with all rules, ordinances, regulations, etc. set forth by agencies having jurisdiction, which apply to the work site, the CONTRACTOR, and/or his/her employees.

20. CHANGES IN WORK
a. The CITY may at any time, as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the frequency required for performance of the work, an equitable adjustment shall be authorized by a Change Order. b. The CITY may also at any time by issuing a Field Order make changes in the details of the work. The CONTRACTOR shall proceed with the performance of any changes in the work so ordered by the CITY unless the CONTRACTOR believes that such Field Order entitles him to a change in Contract Price or Time, or both, in which event he shall give the CITY written notice thereof within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in Contract Price or Time within thirty (30) calendar days. The CONTRACTOR shall execute such changes upon the receipt of an executed Change Order or further instructions from the CITY.
c. In the event of any emergency that the CITY determines endangers life or property, any work required by reason of such an emergency shall be performed in accordance with verbal orders from the CITY. These orders will be confirmed in writing as soon as practicable. Any such authorization, whether written or verbal, may be accompanied by drawings and data as are necessary to show the extent of such change or extra work. In the event of ordered emergency work, the CONTRACTOR shall keep accurate records of actual costs in accordance with these specifications until such time as Agreement of compensation is reached. Keeping of such records shall not be construed as an indication that this method of compensation is necessarily acceptable for such emergency work and shall not preclude the possibility of an Agreement to pay for such emergency work on a unit-price or lump-sum basis. Upon determination as to the compensation due the CONTRACTOR for performing any emergency work, the Contract Documents will be amended in writing by a Change Order.

21. CHANGES IN CONTRACT PRICE
a. All changes which affect the cost or time of the contracted work of the project must be authorized by means of a Change Order. The Change Order will include extra

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Packet Pg. 177 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 54 work, or work for which quantities have been dramatically altered from those shown in the bidding schedule. All changes should be recorded on a Change Order Form as they occur. Each Change Order Form must contain complete and detailed justification for all items addressed by the Change Order. b. The value of any work covered by a Change Order or of any claim for increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below:
1) An agreed lump sum.
2) The actual cost of labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. In addition, there shall be added an amount to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the work to cover the cost of general overhead and profit. 3) Unit prices previously approved.

22. MATERIALS, SERVICES AND FACILITIES
a) It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, trash and organic debris disposal costs and fees, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time.
b) Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

23. PROTECTION OF WORK, PROPERTY AND PERSONS
The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to, all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, sidewalks, pavements, roadways, structures, P.C.C. curb and gutter, P.C.C. cross-gutters, irrigation facilities and utilities not designated for removal, relocation or replacement in the course of construction. a) The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. The CONTRACTOR will notify the CITY of adjacent utilities when prosecution of the work may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

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Packet Pg. 178 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 55 b) In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CITY shall act to prevent threatened damage, injury or loss. The CONTRACTOR will give the CITY prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby, and a change order shall thereupon be issued covering the changes and deviations involved. c) The CONTRACTOR shall maintain all portions of the work in a neat, clean and sanitary condition at all times. Toilets shall be furnished by the CONTRACTOR where needed for use by all employees and their use shall be strictly enforced. The CONTRACTOR shall also be responsible for furnishing and maintaining a potable water supply or providing potable drinking water to their employees and subcontractors. d) The CONTRACTOR shall keep adequate first-aid facilities and supplies available at the project sites.
e) The CONTRACTOR shall assure that his/her Subcontractors of all tiers shall comply with the foregoing provisions.

24. SUSPENSION OF WORK, TERMINATION, AND DELAY
a) The CITY may suspend the work or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the CONTRACTOR, by written notice to the CONTRACTOR which shall fix the date on which work shall be resumed.

The CONTRACTOR will resume that work on the dates so fixed. The CONTRACTOR will be allowed an increase in the Contract Price or an extension of the contract time, or both, directly attributed to any suspension.
b) If the CONTRACTOR is adjudged as bankrupt or insolvent, or makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property, or if the CONTRACTOR files a petition to take advantage of any debtor's act, or to re-organize under the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workmen, or suitable material, or equipment, or repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment, or otherwise violates any provision of the Contract Documents, then the CITY may, without prejudice to any other right or remedy, and after giving the CONTRACTOR a minimum of ten (10) days from delivery or a written notice, terminate the services of the CONTRACTOR, and finish the work by whatever method the CITY may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the project, such excess shall be paid to the CONTRACTOR. If such costs exceed unpaid balance, the CONTRACTOR will pay the difference to the CITY. Such costs incurred by the CITY will be determined by the CITY and incorporated in a Change Order.
c) Where the CONTRACTOR's services have been so terminated by the CITY, said termination shall not affect any right of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any payment of moneys by the CITY due the

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Packet Pg. 179 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 56 CONTRACTOR will not release the CONTRACTOR from compliance with the Contract Documents.
d) After ten (10) days from delivery of a written notice to the CONTRACTOR, the CITY may, without cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the Contract. In such case the CONTRACTOR shall be paid for all work executed and any expense sustained plus reasonable profit. e) If, through no act or fault of the CONTRACTOR, the work is suspended for a period of more than ninety (90) days by the CITY, or under an order of court or other public authority, or the CITY fails to act on any request for payment within sixty (60) days after it is submitted, or the CITY fails to pay the CONTRACTOR substantially the sum approved by the CITY or awarded by arbitrators within sixty (60) days after its approval and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a written notice to the CITY, terminate the contract and recover from the CITY payment for all work executed and all expenses sustained. In addition and in lieu of terminating the contract, if the CITY has failed without good cause to make any payment as aforesaid, the CONTRACTOR may, upon ten (10) days written notice to the CITY, stop the work until paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work.
f) If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the CITY to act within the time specified in the Contract Documents, or if no time is specified, within a reasonable time, an adjustment in the contract price or extension of the contract time, or both, shall be made by Change Order to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the CITY.

25. PAYMENT TO CONTRACTOR
a) At least ten (10) days before each progress payment falls due (but not more often than every thirty-one (31) calendar days), the CONTRACTOR will submit to the CITY a partial payment estimate filled out and signed by the CONTRACTOR covering the work performed during the period covered by the partial payment estimate and supported by completed reports and/or checklists. If payment is requested on the basis of materials not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, such as paid invoices, or other written evidence satisfactory to the CITY, as will establish the CITY's interest therein, including applicable insurance. The CITY within ten (10) days after receipt of each partial payment estimate, shall either indicate in writing approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR indicating in writing the reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY will, within thirty (30) days of presentation of an approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. b) All progress payments shall be accompanied with the CONTRACTOR’s invoice.

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Packet Pg. 180 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 57 c) The CONTRACTOR will indemnify and save the CITY or the CITY's officers, employees, or agents harmless from all claims growing out of the lawful demand of subcontractors, laborers, workmen, mechanics, and materialmen, and parts thereof, equipment, tools, and all supplies incurred in the furtherance of the performance of the work. The Contractor shall, at the CITY's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so, the CITY may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the CITY to either the CONTRACTOR, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the CITY shall be considered as a payment made under the Contract Documents by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.
d) The CITY may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the CITY from loss on account of:
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor.
d. A reasonable doubt that the work can be completed for the balance then unpaid. e. Performance of work in violation of the terms of the Contract Documents. e) Where work on lump sum or unit price items is substantially complete but lacks clean-up and/or corrections ordered by the CITY, amounts shall be deducted from lump sum items in partial payment estimates to amply cover such clean-up and corrections. f) On lump sum projects the CONTRACTOR shall present a comprehensive breakdown of the contract price as a basis for payment for review and approval by the CITY. The comprehensive breakdown shall be submitted to the CITY within ten (10) days of the issuance of the Notice to Proceed.

27. SEPARATE CONTRACTS
a) The CITY reserves the right to enter into other contracts in connection with this project.

The CONTRACTOR shall afford other CONTRACTOR's reasonable opportunity for the introduction their materials and the execution of their Work, and shall properly connect and coordinate the Work with theirs. If proper execution or results of any part of the CONTRACTOR's Work depends upon the Work of any other Contractor, the CONTRACTOR shall inspect and promptly report to the CITY any defects in such Work that renders it unsuitable for such proper execution and results.

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Packet Pg. 181 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 58 b) The CITY may perform additional Work related to the Project or the CITY may enter into other Contracts containing provisions similar to these. The CONTRACTOR shall afford the other Contractors who are parties to such Contracts (or the CITY, if the CITY is performing the additional Work) reasonable opportunity of the introduction and storage of materials and the execution of Work, and shall properly connect and coordinate the Work with theirs.
c) If the performance of additional Work by other Contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others involves an additional expense or entitles it to an extension of the Contract Time, the CONTRACTOR may make a claim thereof as provided in Section V Items 8.01, 8.02,

9.01, 9.02.

28. SUBCONTRACTING
a) The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors.
b) The CONTRACTOR shall not award Work to Subcontractor(s), in excess of twenty percent (15%) of the Contract price, without prior written approval of the CITY. c) The CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its Subcontractors, and persons either directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons directly employed by it. d) The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and give the CONTRACTOR the same power with regard to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provision of the Contract Documents.
e) Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the CITY.

29. GUARANTEE
The CONTRACTOR shall guarantee all new materials and equipment furnished and Work performed for a period of one (1) year from the date of installation and completion of any parts and repairs to the irrigation systems at each site. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of installation and completion of any parts and repairs to the irrigation systems at each site is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of the damage of other parts of the irrigation systems resulting from such defects.

The CITY shall give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other work that

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Packet Pg. 182 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 59 may be made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost thereby incurred.

30. DISPUTE RESOLUTION
Dispute resolution shall follow the provisions of Public Contract Code Section 9204, attached and incorporated herein.

31. FILING OF BID PROTESTS
By submitting a Bid, each Bidder hereby agrees and understands that the Bidder must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. With the express written Contract of the City and Bidder, and subject to the requirements of applicable law, this protest procedure can also be used to resolve issues surrounding the City’s determination of a Bidder as not responsible. The following terms as used in this Section shall have the following meanings:
“Protest” shall mean a written objection by an interested party or affected party to (i) the requirements or specifications contained in the Notice to Bidders or any portion of documents accompanying that notice; or (ii) a proposed award recommendation protest.

Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a bid and who believes that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the AGENCY of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. The Protest does not replace the requirement to report irregularities in the bid documents.
(1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protester; and b. The Project Name and Project Number; and
c. A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish merits of the protest; and d. The desired resolution of the protest.

If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor.

Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination

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Packet Pg. 183 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 60 No hearing will be held on the protest. The City’s Community Services Director or designee, will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, requires other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.

The Community Services Director or designee shall issue a final written decision regarding any solicitation protest to each Bidder prior to Bid opening. The written decision will cite any actions that will or will not be taken in response to the protest. That decision shall be final, and there shall be no further administrative recourse.

Protest of Award based upon Responsiveness
(1) Contents and Requirements
Following the opening of the Bids any unsuccessful Bidder, may protest City’s proposed award of the Contract by submitting a protest to the Community Services Director or designee (“Community Services Director”) no later than close of business on the fifth business day following the date of the bid opening.

That protest must be submitted in a timely manner, signed by the protesting Bidder, and must contain all of the following to be considered:
d. The name, address, and telephone number of the protestor; and e. The Project Name and Project Number; and
f. The City action or recommendation that is being protested; g. A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and h. A clear statement of the relief request
A protest that does not comply with the requirements set forth herein will be returned to the protestor. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document. The protest must be provided by the protesting party to all bidders at the time sucj protest is filed with the City.

Award Protest Statements are public documents. City will notify the affected parties when a protest has been submitted.
(2) Evaluation and Determination
Any bidder may file statements in support of or in opposition to the protest within three (3) business days. The Community Services Director, or designee, shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all affected parties.

Unless otherwise required by law, no hearing shall be provided. In the event a hearing is conducted, the Community Services Director or designee, shall issue

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Packet Pg. 184 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 61 written notice to the protestor and affected parties identifying the date and time for the hearing, along with rules concerning the hearing.

Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:

1. The items or services being procured are urgently required;

2. Delivery or performance will be unduly delayed by failure to make award promptly; or

3. Failure to make prompt award will otherwise cause undue harm to the City.

No Limitations on Remedies
Nothing contained herein shall be construed to act as a limitation of the City’s choice of remedies or confer any right upon any interested party or affected party to a remedy.

Basis for Choice Remedy
In determining the appropriate remedy, the City shall consider all of the circumstances surrounding the notice of bids and/or award, including, but not limited to:

1. The seriousness of any deficiency found to exist in the contracting process;

2. The effect of the action on the competitive process;

3. Any urgency surrounding the requirement to enter into a contract; and

4. The effect that implementing the remedy will have on the AGENCY.

Remedies
If the City determines that the award or proposed award was not made in accordance with applicable statues, regulations, policies and/or procedures, the City, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:

1. Prior to award, City may issue a new solicitation, make a new selection/award recommendation, or award the contract consistent with applicable statutes, regulations, policies and procedures;

2. Take no further action;

3. Pursuant to the requirements of state law, in the event of a protest based upon nonresponsibility, hold a hearing on that issue; or

4. Take any other action that is permitted by law to promote compliance.

32. CONFLICT OF INTEREST
No official of the CITY who is authorized in such capacity and on behalf of the CITY to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any work or material supply contract or any subcontract in connection with construction of the project, shall become directly or indirectly involved personally in this contract or in any part thereof. No officer, employee, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY who is in

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Packet Pg. 185 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 62 any legislative, executive, supervisory or other similar functions in connection with the construction of the project shall become directly or indirectly involved personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project.

33. AFFIRMATIVE ACTION
Each Contractor shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, creed, national origin, sex, marital status, or age and which specifies goals and target dates to assure compliance with this requirement by contractors and to assure that suspected or reported violations are promptly investigate.

34. MOBILIZATION
A. Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies, fuel and incidentals to the Project site for all other work and operations that must be performed or costs incurred before beginning work on the various Contract items on the Project site.

B. Mobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:

1. Obtaining all permits, licenses, and insurances. Providing copies to the CITY;

2. Transportation to and from the Jobsites of all the CONTRACTOR’S material and equipment as required;

3. Providing restroom facilities for construction personnel;

4. Providing for potable water facilities as specified. This includes a means by which all on site CONTRACTOR, Subcontractor or supplier personnel can wash their hands with soap. It also includes providing potable drinking water to the construction personnel at the project sites;

5. Submitting all required Subcontractor insurance certificates;

6. Posting all CAL/OSHA required notices and establishment of safety programs;

7. Having the CONTRACTOR’s representative at the Project sites during work activity full time;

8. Furnishing of Monthly Checklists, and/or Reports;

9. Paying other miscellaneous fees
All costs incurred for the mobilization and the associated work shall be included in the Bid cost and no additional compensation shall be provided therefore.

END OF GENERAL CONDITIONS

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Packet Pg. 186 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 63 SPECIAL PROVISIONS
The following list of Special Provisions are a part of the contract, and as such are enforceable under the terms and conditions set forth in the contract documents.

1. PLANT LOSS
It is one of the CONTRACTOR's prime responsibilities to prevent loss of plants caused by pests, diseases, insects, soil conditions, nutrient, micro-climatic conditions, improper planting, or problems in irrigation. CONTRACTOR agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. A preliminary written report shall be submitted for major corrective problems not covered in the Contract along with the costs.

CONTRACTOR agrees to replace, at the CONTRACTOR's cost, any dead, stunted, or damaged that are the result primarily of the CONTRACTOR's negligence including, but not limited to, irrigation malfunctions that are not addressed within a reasonable amount of time based on environmental conditions. Plants lost from CONTRACTOR's negligence shall be replaced, at the CONTRACTOR's expense, within thirty (30) days of discovery. Replacement plants shall be comparable in size to the lost plant up to a maximum size of a thirty-six (36) inch box, or if smaller, the size shall be approved by the CITY.

The CONTRACTOR shall not be held responsible for plant losses due to maladies beyond the CONTRACTOR's control; this includes, but is not limited to, disease or insect attack for which there is no legal recommended control, acts of vandalism, earthquakes, fires, storms, freezing/frost, and related events. CONTRACTOR shall report all such conditions to the CITY in writing within seventy-two (72) hours of occurrence, and submit a proposal for the work or repairs along with the costs. The CONTRACTOR shall obtain CITY's written permission/direction or authorization prior to proceeding with the work. Failure to notify the CITY within seventy-two (72) hours of occurrence will result in replacement at the CONTRACTOR's cost as if the cause was CONTRACTOR negligence.

The CITY shall approve all replacement plants that differ in species. However, it is agreed that replacing plants shall not be used by the CONTRACTOR as a substitute for proper care. The CITY will consider CONTRACTOR negligence a major breach of contract with full responsibility for costs and losses.

Dead plants and those in a state of decline shall be brought to the CITY's attention immediately and before removal. The CITY shall pay labor and material for plant replacement not caused by CONTRACTOR negligence, as deemed by the CITY, on an actual time and material basis.

All new plant material and irrigation installations or repairs shall be guaranteed for a period of ninety (90) days for unhealthy plant installation and/or poor workmanship.

Exceptions include damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the CONTRACTOR has no control. Existing plants shall be replaced by CONTRACTOR if they die due to CONTRACTOR's negligence. All

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Packet Pg. 187 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 64 replacement plants and materials shall be inspected and approved by CITY prior to installation.

At the end or termination of the Contract, the CITY reserves the sole right to withhold final payment(s) in the amount necessary to replace any damaged or dying plant material that is a result of CONTRACTOR negligence or to restore any site which is in a condition that is worse than when the Contract was executed.

2. FERTILIZATION
The CONTRACTOR will be responsible for performing all fertilizations of turf and landscape and shall be included in the base bid. The fertilization schedule shall be coordinated with the CITY during the first month of the contract period.

All turf areas (excluding no-mow) shall receive fertilizer applications four times per year. Approximate dates of these are April 1, June 1, September 1, and November 1.

Turf is to be maintained in good condition with horticultural acceptable growth and color, and additional fertilization may be required as extra work. Variations to these dates may be required under individual circumstances. All fertilizer shall be approved by the CITY prior to application.

All shrub, groundcover and no-mow turf areas shall receive fertilizer applications two times per year. Approximate dates of these are March 1 and September 1. Intent is to maintain plants in good condition with horticultural acceptable growth and color.

Variations to these dates may be required under individual circumstances. All fertilizer shall be approved by the CITY prior to application.

3. TURF MOWING
a. All grass shall be bagged and removed from March to October unless there is winter overseeding (rye) whereas the bagging will continue year around. Alternate mowing direction where feasible every mowing. Maintain a uniform lawn height free from scalping.
b. All turf will be mowed with professional quality mulching mower equipment. Pricing assumes that bagging and removing clippings will be required only when excessive leaf debris is present, turf is too long to mulch, or when moisture conditions are too high to allow effective mulching without substantial clumping of turf debris. c. Prior to each mowing, remove all litter and debris from lawn areas. Formal turf areas shall be mowed per the schedule below and maintained at a height no less than one (1”) inch and no more than two (2”) inches for all warm season grasses, and one and one-half (1.5”) to three (3”) inches for all cool season grasses. One-third (1/3) of grass height shall be taken off with each mowing. The CONTRACTOR recognizes that any more than one-third (1/3) of height removed may potentially cause damage and give a scalped appearance that is not desired by the CITY.
d. The CITY and the CONTRACTOR will evaluate and determine any areas that require bagging and removal of clippings on a regular year-around basis. e. CONTRACTOR is responsible for any damage incurred as a result of mower damage to trees and shrubs and must repair or replace any such damage at no cost to the CITY.

Properly maintained tree wells are encouraged to minimize such damage. f. The CONTRACTOR shall at his own expense repair and or replace with forty-eight (48) hours any sprinkler, valve, piping, or park fixture including but not limited to

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Packet Pg. 188 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 65 picnic tables, playground equipment, cement curbing, wooden curbing, any trees, and or other plant material that is damaged as result of the CONTRACTOR carrying out the WORK as described in the contract. Said repairs and or replacements shall be performed under the supervision of the CITY’s authorized representative. In addition, all materials used shall of equal or superior quality as determined by the CITY’s representative.
g. Clippings will be swept or blown from hardscapes after each mowing. Sweeping is encouraged when feasible.

4. TURF MOWING SCHEDULE
It is hereby agreed upon between the CITY and the CONTRACTOR that the CITY will, when it determines necessary, call for the halting of all mowing, sweeping, and trimming of specific parks and or facilities as needed. The purpose of this provision is to accommodate periods or seasons of the year that do not require mowing or maintenance of said facilities.

Turf Mowing Schedule
Month Number of Cuts
January One mowing
February One mowing
March Two mowings
April Weekly
May Weekly
June Weekly
July Weekly
August Weekly
September Weekly
October Two mowings
November Two mowings
December One mowing

4.1 The CONTRACTOR shall provide the CITY with a schedule listing all times, and days that mowing will occur, and shall submit to the CITY any requests for change in said schedule, all changes are subject to approval by the Director Community Services or its authorized representative. In no case shall the mowing of any park or facility begin before 6:00 a.m. The CONTRACTOR must adjust hours to compensate for weather changes, i.e.: rain, excessive humidity, moisture, etc.

CONTRACTOR shall not mow when turf is wet. Any tracking of turf due to CONTRACTOR mowing when turf is wet shall be repaired pursuant to CITY requirements at the CONTRACTOR’S expense.

4.2 In consideration of the use of the facilities listed in the contract documents, the CONTRACTOR agrees that there will be no mowing and or other maintenance relating to the performance of the contract on Saturday or Sunday. The Director of Community Services and/or the authorized representative may grant exemptions as it may be deemed appropriate. All exemption shall be given only in writing and only upon the written request of the CONTRACTOR.

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Packet Pg. 189 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 66 5. TURF EDGING AND TRIMMING (WEEKLY)
a. Mechanically trim all landscape turf edges once a month. Edges include all formal lawn perimeters and tree wells in lawn areas. In April, June, and August, redefine all formal lawn edges with a mechanical blade-type edger or hand spade. Clean debris from hardscapes and non-turf landscape areas. Remove larger debris. b. Trim all formal lawn areas that cannot be reached by a mower after each mowing. Areas to be trimmed include any lawn adjacent to poles, signs, bollards, trees, walls and all other obstacles. Perform trimming to the same height as mowing. Clean debris from hardscapes and non-turf landscape areas, remove larger debris. c. CONTRACTOR shall trim sprinkler heads and valves boxes weekly to prevent overgrowth.
d. CONTRACTOR shall trim around all guardrails every other mowing. e. CONTRACTOR is responsible for any damage incurred as a result of trimmer or edger damage to trees and shrubs and must repair or replace any such damage at no cost to the CITY. Properly maintained tree wells are encouraged to minimize such damage.

6. ACCESS LIMITATIONS
No vehicles will be allowed to enter into the park or athletic field areas where there is not a paved access and or road upon which to travel, unless express written permission has been given by the CITY.

7. TURF AERATION
The CONTRACTOR shall perform core aerations of turf (no mow areas excluded) as part of the bid. Two (2) aerifications are required in all turf areas each year. Aeration plugs shall be properly destroyed so as to not pose a safety issue or interfere with the use of parks and facilities. The aeration schedule shall be coordinated with the CITY during the first month of the contract period. Additional turf aerations may be proposed, as "extra work" by the CONTRACTOR, in order to meet the designated standard. All proposals, and costs, must be approved by the CITY prior to additional turf aerations occurring.

8. IRRIGATION.

CONTRACTOR shall monitor the watering of all the turf areas on a regular basis, notifying the CITY of any under/over watered areas, suggesting the appropriate frequency and amount of watering and reporting any problems noted, so that the beauty of such areas are maintained at all times.

Irrigation system repair shall occur and be compensated as stated below:

A. Irrigation system repair will be the responsibility of the CONTRACTOR. All replacement materials are to be with new original types and models, unless a substitute is approved by the CITY. The CONTRACTOR shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranties.

B. Maintenance, repair, and replacement of malfunctioning sprinkler heads and quick couplers, including risers, swing joints, shall be included in the CONTRACTOR's base bid. The CONTRACTOR shall provide labor for the above items at no extra charge and

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Packet Pg. 190 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 67 shall bill the CITY for the required parts with a maximum mark up of 10% over cost, unless the CITY provides materials.

C. Maintenance and repair of valves, filters, valve boxes, batteries and wiring shall be covered in the CONTRACTOR's base bid. The CONTRACTOR shall provide labor for the above items at no extra charge and shall bill the CITY for the required parts with the agreed upon mark up over cost.

D. Replacement of valves, filters, valve boxes, and wiring shall be considered "extra work" in their entirety. Decisions regarding repair verses replacement will be made by the CONTRACTOR and the CITY jointly. In the event that there is a disagreement with regards to how to proceed, the CITY's choice will prevail.

E. Repair and replacement of lateral lines, main lines, check valves, and controllers shall be considered "extra work” in their entirety.

F. Repairs and replacements of any irrigation component or property damaged by the CONTRACTOR or as a result of negligence, error, or omission by the CONTRACTOR shall not be submitted to the CITY for payment and are the responsibility of the CONTRACTOR.

G. Repair and replacement of any irrigation components or property that is a result of vandalism, or unintentional damage, caused by the public shall be considered "extra work" in its entirety. All vandalized components must be reported to the CITY immediately and prior to the repair or replacement in order for the CONTRACTOR to be compensated for the repair or replacement. If the vandalized components are not presented within one working day, the CONTRACTOR will be paid based on the above stated criteria for repair and replacement.

H. When the CONTRACTOR observes or is notified of water waste due to excessive overspray, overwatering for irrigation system malfunction, he/she shall respond within 24 hours. Repairs/adjustments shall be completed promptly to prevent damage to the landscape. All such incidents shall be reported to the CITY immediately.

9. TREE WORK
A. All tree trimming shall comply with good arboreal practice for the particular species of trees being trimmed. The CONTRACTOR shall be consistent with the pruning standards as adopted by the International Society of Arboriculture (ISA) guidelines; American National Standards Institute (ANSI) standards, including, but not limited to ANSI 300 (most current revision) and ANSI Z133 (most current revision). The CONTRACTOR shall also meet the requirements of the American National Standards, ANSI-Z133.1-2008 entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the Tree Care Industry Association, Inc. at 136 Harvey Road – Suite B101- 110, Londonderry, NH 03035.

B. The Parks Supervisor shall determine if the CONTRACTOR has met all trimming requirements and payment shall not be made for trimming that is not in accordance with the above standards. The CONTRACTOR shall be deemed in agreement default, if they consistently fail to comply with the aforementioned standards.

C. Standards

1. Prior to beginning the work, the CONTRACTOR shall review with the Parks Maintenance Supervisor the various methods, tools, and work scheduling to be

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Packet Pg. 191 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 68 used on the project. Unless otherwise indicated, tree trimming shall include, but not be limited to, accepted pruning activities.

2. Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the CONTRACTOR during the course of trimming shall be reported to the Parks Maintenance Supervisor for determination of the appropriate course of action.

3. The use of “lopping shears” shall be specifically approved by the Parks Maintenance Supervisor.

4. Daily tree trimming operations shall commence no earlier than 6:00 AM and shall be completed each day no later than 5:00 PM, unless for emergency services.

5. Limbs one inch (1”) in diameter or greater shall be precut to prevent splitting.

When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the crotch. The undercut should be at least one-third (1/3) of the diameter. Make the second cut one-inch (1”) to three inches (3”) further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 ½”) or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the CONTRACTOR's expense and to the satisfaction of the Parks Maintenance Supervisor. All debris resulting from tree trimming operations shall be removed from the work site on a daily basis.

6. Removal of all vines entwined in the tree or around its trunk, and the removal of sucker growth on tree trunks is required on all trees.

D. Tool Sanitation
On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.

E. General Trimming and Shaping of Broadleaf Trees.

Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the Parks Maintenance Supervisor and in accordance with the following:

1. Cuts to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least twenty-five percent (25%) but no more than fifty percent (50%).

2. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.

3. Heading cuts and/or topping will not be allowed under any circumstances.

Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.

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Packet Pg. 192 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 69 F. General Trimming and Shaping of City Trees:

1. The objective is to control canopy size and basic structure while maintaining an aesthetically pleasing appearance.

2. City trees shall be pruned on an annual cycle. The objective is to prune the trees in a manner that will provide clearance for sidewalks and homes while maintaining the natural shape and beauty of individual street trees.

CONTRACTOR shall be required to meet the schedule requirements as outlined in the Professional Services Agreement requirements.

G. Trimming for Traffic Clearances.

Tree trimming for traffic clearances shall provide clearances up to fifteen (15’) above finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the Parks Maintenance Supervisor and conform to the following:

1. The maximum clearance under trees within the street right-of-way shall be up to fifteen (15’) feet over the traveled road, and ten feet (10’) over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.

2. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.

3. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.

H. Tree Care for Trees 15 Feet and Above
The CONTRACTOR shall be required to perform basic maintenance for all trees that will include, but not be limited to, tree well adjustments and watering, removal of weeds from tree wells, and pruning of trees up to fifteen (15) feet.

I. Utility Line Clearance
During the course of this Maintenance Services Agreement, the CONTRACTOR may be required to perform utility line clearance in conjunction with routine or non-routine trimming activities. The CONTRACTOR shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the Maintenance Services Agreement with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The competency of CONTRACTOR's personnel shall be maintained through regular training. All persons performing tree work on City trees in or around primary electrical lines shall be trained to do so in accordance the “Electrical Safety Orders” of the State of California.

J. Tree Removals

1. During the course of trimming activities for a specified street, CONTRACTOR shall notify the Parks Maintenance Supervisor of any trees which may be dead, hazardous, or in need of removal for any reason. The Parks Maintenance Supervisor shall make the final determination to remove or provide public noticing for removal at a later

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Packet Pg. 193 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 70 date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession.

2. All wood from removed trees is the property of the City and shall be disposed of at the direction of the Parks Maintenance Supervisor. No wood shall be left along public right-of-way unless approved by the Parks Maintenance Supervisor. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.

3. CONTRACTOR shall be required to call Underground Alert at least two (2) days before stumps are to be ground out. All tree stumps must be removed to at least eighteen (18) inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The CONTRACTOR shall grind the stump a minimum distance of one and one half (1½’) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.

4. Stumps should be cut low enough to the ground where routing can be done safely.

This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal. All stumps are to be ground within forty-eight (48) hours of tree removal. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2) inches above normal ground level unless a new tree is to be planted in the same location and clean fill dirt will be required as a backfill. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.

K. Pest Control
The City may periodically require the CONTRACTOR to treat for insects or disease.

Treatment will be done only when specifically requested by the Parks Maintenance Supervisor and shall be made in the form of soil injections. CONTRACTOR shall be required to provide the CITY with a written recommendation provided by a State Licensed Pest Control Advisor.

L. Crew Rental Services
CONTRACTOR shall provide a minimum standard crew of three (3) persons, one (1) chipper truck, one (1) chipper, one (1) aerial tower truck and all necessary saws and hand tools. Crew complement should also be capable of modification in order to perform miscellaneous tree care tasks.

M. Emergency Response Service

1. The CONTRACTOR shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The CONTRACTOR will be provided with locations and the work to be done at each location via telephone or email from a CITY authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.

2. CONTRACTOR shall be required to provide twenty-four (24) hour emergency phone numbers and the names of at least five (5) individuals upon award of Professional Services Agreement. Should the contact persons or their phone

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Packet Pg. 194 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 71 numbers change during the course of the Professional Services Agreement, those changes shall be submitted to the CITY within two (2) working days.

3. CONTRACTOR shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the CONTRACTOR shall be required to notify the responsible utility company.

4. Work performed under the emergency provision of this Professional Services Agreement shall be paid for on a “crew hour” basis. This shall include all labor, tools equipment, disposal fees and necessary materials.

N. Traffic Control

1. CONTRACTOR shall be required to supply the necessary equipment to provide adequate traffic control measures during tree trimming operations. This shall include but not be limited to high visibility arrow boards where appropriate. The CONTRACTOR must abide by the most current edition of the Work Area Traffic Control Handbook, or W.A.T.C.H. manual, for traffic control. The CITY, prior to use, must approve all traffic control measures.

2. Tree trimming operations may be conducted on one side of the street at a time and at no time may streets be closed unless authorized, in advance, by the Parks Maintenance Supervisor or his designee. During all tree trimming operations adequate provisions shall be made by the CONTRACTOR to accommodate normal traffic flow over public streets. Means of ingress and egress shall be provided for occupants of adjacent property with convenient access to driveways, buildings, businesses or private residences. Pedestrian traffic shall be accommodated on adjacent sidewalks.

3. CONTRACTOR shall be required to provide and maintain barriers, guards, and lights whenever and wherever necessary in order to effectively protect the public from the dangers associated with the tree trimming operations. CONTRACTOR shall be required to post proper notices and signals for the public regarding detours and the conditions of work currently in progress.

O. Public Noticing of Tree Trimming Operations

1. CONTRACTOR shall be required to notify residents and/or businesses of scheduled tree trimming operations at least seven (7) calendar days prior to the work being performed, if necessary. Notifications shall be made in the form of door hangers, or letters mailed through the US Postal system.

2. CITY approved “No Parking” signs shall be posted on individual trees scheduled for trimming twenty-four (24) hours prior to the work being performed, if necessary. Signs shall be taped or tied and not nailed or stapled to the trees.

P. Disposal of Debris
All brush generated from tree trimming operations shall be recycled where practical.

Q. Green Waste Report
Green waste that is transported to an offsite facility for grinding into mulch shall be documented and submitted to the Parks Maintenance Supervisor on a monthly basis.

Weight slips shall be required as proof of disposal and shall be included in the monthly Green Waste Report.

R. Wood Chips

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Packet Pg. 195 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 72 Chips generated from trimming operations within the City of El Centro may be dumped and spread at a CITY designated site or dumped at a green waste facility at the direction of the CITY Staff.

At the direction of the Parks Maintenance Supervisor, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped and spread in specified locations in the city or dumped at a green waste facility at the direction of CITY Staff.

S. Milling
At the direction of the Parks Maintenance Supervisor, large tree trunks, which meet proper specifications, will be required to be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the proposal.

T. Invoice
CONTRACTOR shall be required to submit invoices on a monthly basis. Invoice format shall include but not be limited to: a list of each street where trimming operations took place; the address of each individual tree trimmed; the species and its current condition; and the height, trunk diameter, and canopy spread of each individual tree that was trimmed. Each invoice shall include an exact copy in electronic format that is compatible with the City’s Tree Inventory program. Failure to submit invoices in this format may result in non-payment until these requirements are met.

U. Inspections

1. The Parks Maintenance Supervisor shall be furnished with every reasonable facility for ascertaining full knowledge of the tree maintenance operations involving the workmanship, character of materials and equipment used and employed in the work.

2. Each month, if necessary, the CONTRACTOR shall be required to submit a complete working schedule of all tree maintenance operations including but not limited to trimming, planting, removals, stump grinding and watering.

3. Inspection of the work shall not relieve the CONTRACTOR of any obligations to complete the work as outlined in this document. Defective work shall be made good even if the defective work was not pointed out during the initial inspection and the work was accepted for payment.

4. Any work found to be unacceptable will be noted in writing. Upon receipt of notice these deficiencies; the CONTRACTOR shall make a reasonable good faith effort to correct the deficiencies within ten (10) calendar days. If unacceptable conditions are not corrected within this time period the CITY shall have the right to deduct payment or terminate the Professional Services Agreement.

V. Withholding Payment
The CITY may withhold payment to such extent as may be necessary to protect the CITY from loss due to one or more of the following reasons:

1. Defective or inadequate work not corrected.

2. Claims filed or reasonable evidence indicating probable filing of claims.

3. Failure of the CONTRACTOR to make proper payments to subcontractors or for materials or labor.

4. A reasonable doubt that the Maintenance Services Agreement can be completed for the balance unpaid.

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Packet Pg. 196 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 73 W. Minor Modifications and/or Additional Work

1. The CITY may modify these specifications with the joint approval of the CONTRACTOR and the CITY. All modifications shall be in writing.

2. In the event that the CITY should require additional work beyond the requirements of these specifications, the CONTRACTOR shall perform all work at a competitive price as listed.

3. Additional work may be added to the Maintenance Services Agreement work as the need arises. The CONTRACTOR shall perform all specified and approved additional work at the unit prices submitted with this proposal.

4. The CONTRACTOR must be willing to provide a competitive price for additional work that may be added to the Maintenance Services Agreement.

CONTRACTOR will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.

5. The CONTRACTOR must have the ability to receive and respond to emergency situations and must respond to emergency call outs within two (2) hours of receipt of the call.

10. BARK, MULCH, DECOMPOSED GRANITE
The CONTRACTOR will be responsible for notifying the CITY when areas are in need of new bark, mulch or decomposed granite. Racking of bark, mulch, or decomposed granite and litter removal at these areas shall occur as needed but at least on a monthly basis and shall be included in the bid. The CITY reserves the right to have the bark installed in any manner that it sees fit and by whomever it sees fit. In the event that the CITY requests that new bark mulch be added by the CONTRACTOR, it will be considered "extra work” in its entirety.

11. SHRUBS AND GROUND COVER
Trimming all shrubs shall be pruned as needed to meet the intent of the landscape design and have a neat appearance. Ground covers shall be edged as needed to keep plant growth from extending beyond curbs, onto sidewalks, buildings, and turf areas. Ground cover in medians shall not be allowed to extend beyond the curb or sidewalk. Pruning shall occur three (3) times per year or as plant material growth dictates to meet standard.

All hedge and shrub heights along fences and walls will be maintained at the height of the fence line or at an approved height.

12. CONTACT INFORMATION
The CONTRACTOR provide a telephone number to the CITY that is accessible twenty-four (24) hours per day so that complaints and or requests can be addressed within twenty-four (24) hours of notification. It is further agreed that CONTRACTOR be available to resolve complaints and or request for service in a period of no longer than twenty-four (24) hours.

13. CONSULTATION
The CONTRACTOR shall provide complete professional consultation on landscape at all times, which includes weekly inspection by the CONTRACTOR and periodic reporting to CITY regarding landscape problems and proposed solutions and which may include landscape agronomist and arborist consultation and referrals or recommendations to landscape architectural consultants, as needed.

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Packet Pg. 197 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 74 14. COMMUNICATION
The CONTRACTOR shall provide regular communications, whether verbal or written, and work as close as possible with the Parks Supervisor, Director of Community Services or other persons designated by the City Manager, keeping in mind the goals and objectives set forth by the CITY.

15. ADDITIONAL SERVICES
The CONTRACTOR shall make cost effective recommendations that are based on existing conditions and that are in the interest of the CITY without any extended cost to be incurred.

16. SAMPLE INSPECTION FORM

LANDSCAPE INSPECTION RATING FORM
SITE:________________________
Category
Meets
Standards
Y/N
Notes
Turf maintenance
Irrigation maintenance
Shrubs, groundcover, mulch areas
Tree maintenance
NOTE: If any category does not meet City Standards, monthly payment for the specific site(s) will be withheld until the site is back in conformance.

17. SITE MAPS. Each proposed area requires different services, covers different size areas, contain varying numbers of plants and trees, and consists of different irrigation devices and systems. The following is a general description of each area.

SCHEDULE A - CITY PARKING LOTS ( NUMBERS 1-9)
Acreage: ~13,743 Square Feet
Location/Address:

1. Old Post Office -5th & Olive (#1)

2. Parking Lot #2 500 Block State (#2)

3. Office Supply – 6th and State (#3)

4. Vet Clinic – 5th & Broadway (#4)

5. Legion – 500 Block Broadway (#5)

6. Pest Control – 7th & Broadway (#6)

7. Crest – 700 Block Main Street (#7)

8. NW corner of 6th St. and State (#8)

9. Valley Centerpoint Parking Lot (#9)
Scope of Work:
 Landscaping, mowing, trimming, and edging of lawn and turf areas, trimming and pruning of plants and trees, maintenance of ground covering once per week.  Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.

Programming of irrigation controllers per seasonal watering schedules. Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Litter removal and disposal once per week.
 Removal of wind blown debris by blowing walkways and driveways.

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Packet Pg. 198 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 75  Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY for CITY’s jobs only.
 Plants and shrubs shall be pruned and trimmed to not exceed three (3) feet above curb grade to maintain visibility for motorists.
 During periods of turf dormancy, provided additional tree and shrub pruning and associated work. Aeration to turf areas as needed minimum two times per year. Do not weed eat base of tree without trunk protectors. Manual removal needed. Keep site clear of plant weeds and foreign material.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide ten 5-gallon shrubs per month to replace dead plant material where requested by CITY.

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Packet Pg. 199 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 76 9.Valley Centerpoint Parking Lot
SCHEDULE B – CITY FACILITIES (NUMBERS 10 – 24)

10. CITY HALL & ECONOMIC DEVELOPMENT OFFICES
Acreage: ~11,258 Square Feet
Location/Address:
a. 1275 Main Street, inclusive of parking
lot off State Street, and outside of gated
area to street curb.
b. 1249 Main Street
Scope of Work:
 Landscaping, mowing, trimming, and edging of lawn and turf areas, trimming and pruning of plants and trees, maintenance of ground covering once per week.  Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.

Programming of irrigation controllers per seasonal watering schedules.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Litter removal and disposal once per week.
 Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY.  During periods of turf dormancy, provided additional tree and shrub pruning and associated work. Aeration to turf areas as needed minimum two times per year. Do not weed eat base of tree without trunk protectors. Manual removal needed. Keep site clear of plant weeds and foreign material.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

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Packet Pg. 200 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 77 Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per month to replace dead plant material where requested by CITY.

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Packet Pg. 201 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 78 11. EL CENTRO TOWN SQUARE
Acreage: ~8,390 Square Feet
Location/Address:
7th Street/Main Street Intersection
Scope of Work:
 Landscaping, mowing, trimming, and edging of lawn and turf areas, trimming and pruning of plants and trees, maintenance of ground covering once per week.  Weed abatement 4 times per year.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.

Programming of irrigation controllers per seasonal watering schedules. Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Litter removal and disposal once per week.
 Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY.  Aeration to turf areas as needed minimum two times per year. Do not weed eat base of tree without trunk protectors. Manual removal needed.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per month to replace dead plant material where requested by CITY.

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Packet Pg. 202 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 79 12. SMALL PARK ON 8TH STREET & VINE STREET
Acreage: ~14,457 Square Feet
Location/Address:
8th Street and Vine Street
Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.

Additive Bid Items:
 Re-seeding 2 times per year (Bermuda and Rye grass) and compost.

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Packet Pg. 203 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 80 13. FIRE STATION #1
Acreage: ~2,837 Square Feet
Location/Address:
775 State Street
Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.

Additive Bid Items:
 Re-seeding 2 times per year (Bermuda and Rye grass) and compost.

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Packet Pg. 204 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 81 14. FIRE STATION #2
Acreage: ~37,930 Square Feet
Location/Address:
900 S. Dogwood Avenue
Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.

Additive Bid Items:
 Re-seeding 2 times per year (Bermuda and Rye grass) and compost.

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Packet Pg. 205 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 82 15. FIRE STATION #3
Acreage: ~2.87 Acres
Location/Address:
1910 N. Waterman Avenue
Scope of Work:
 Landscaping, weeding, raking, trimming, and pruning of plants and trees once per week.  Litter removal and disposal once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Clean gutter and grates once per month or as needed.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY.

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Packet Pg. 206 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 83 16. OLD POST OFFICE PAVILION
Acreage: ~4119 Square Feet
Location/Address:
250 S. 5th Street
Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.

Additive Bid Items:
 Re-seeding 2 times per year (Bermuda and Rye grass) and compost.

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Packet Pg. 207 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 84 17. POLICE DEPARTMENT
Acreage: ~11,556 Square Feet
Location/Address:
150 S. 11th Street
Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.

Note: Scope of work shall commence once construction is completed.

Additive Bid Items:
 Re-seeding 2 times per year (Bermuda and Rye grass) and compost.

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Packet Pg. 208 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 85 18. BUSINESS INCUBATOR
Acreage: 1.5 Acres
Location/Address:

Northwest corner of 6th Street/Park Avenue
Scope of Work:
 Landscaping, weeding, raking, trimming, and pruning of plants and trees once per week.  Litter removal and disposal once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Clean gutter and grates once per month or as needed.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY.

6.a
Packet Pg. 209 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 86 19. EL CENTRO AQUATIC CENTER
Acreage: 3.22 Acres
Location/Address:

Northwest corner of 6th Street/Park Avenue
Scope of Work:
 Landscaping, weeding, raking, trimming, and pruning of plants and trees once per week.  Litter removal and disposal once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Clean gutter and grates once per month or as needed.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY.

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Packet Pg. 210 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 87 20. SIDEWINDER SKATE PARK
Acreage: 1.18 Acres
Location/Address:

Northwest corner of 6th Street/Park Avenue
Scope of Work:
 Landscaping, weeding, raking, trimming, and pruning of plants and trees once per week.  Litter removal and disposal once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Clean gutter and grates once per month or as needed.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY.

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Packet Pg. 211 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 88 21. MARTIN LUTHER KING JUNIOR PAVILION &

CONRAD HARRISON YOUTH CENTER
Acreage: 2.44 Acres
Location/Address:

Southeast corner of 8th Street and Adams Avenue/SR86
Scope of Work:
 Landscaping, weeding, raking, trimming, and pruning of plants, shrubs, and trees once per week.
 Litter removal and disposal once per week. Litter along the outside of the perimeter fence shall also be disposed once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Landscaping within the City right of way, outside of the perimeter fence shall be maintained. Weekly weed abatement along the right of way area is also required.  Clean gutter and grates once per month or as needed.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY.

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Packet Pg. 212 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 89 22. EL CENTRO LIBRARY
Acreage: ~2.41 Acres
Location/Address:
c. 1198 N. Imperial Ave.,
Scope of Work:
 Landscaping, mowing, trimming, and edging of lawn and turf areas, trimming and pruning of plants and trees, maintenance of ground covering once per week.  Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.

Programming of irrigation controllers per seasonal watering schedules.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Litter removal and disposal once per week.
 Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY.  During periods of turf dormancy, provided additional tree and shrub pruning and associated work. Aeration to turf areas as needed minimum two times per year. Do not weed eat base of tree without trunk protectors. Manual removal needed. Keep site clear of plant weeds and foreign material.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per month to replace dead plant material where requested by CITY.

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Packet Pg. 213 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 90 23. DOG PARK
Acreage: ~1.20 Acres
Location/Address:
7th Street & Park Ave.

Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY.  During periods of turf dormancy, provided additional tree and shrub pruning and associated work. Aeration to turf areas as needed minimum two times per year. Do not weed eat base of tree without trunk protectors. Manual removal needed. Keep site clear of plant weeds and foreign material.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 Re-seeding 2 times per year (Bermuda and Rye grass) and compost.

6.a
Packet Pg. 214 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 91 24. FIRST RESPONDERS PARK
Acreage: ~ 2.95 Acres
Location/Address:
1910 N. Waterman Ave.

Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Keep all walkways, playground and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY.  During periods of turf dormancy, provided additional tree and shrub pruning and associated work. Aeration to turf areas as needed minimum two times per year. Do not weed eat base of tree without trunk protectors. Manual removal needed. Keep site clear of plant weeds and foreign material.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.
 Detention basin area included in scope of work.

Additive Bid Items:
 Re-seeding 2 times per year (Bermuda and Rye grass) and compost.

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Packet Pg. 215 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 92 SCHEDULE C – ROAD MEDIANS (NUMBERS 25 – 28)

25. CYPRESS DRIVE ROUNDABOUT
Acreage: ~4,486 Square Feet
Location/Address:

Poplar Drive/Cypress Drive intersection
Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.
 Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.

Additive Bid Items:
 Re-seeding 2 times per year (Bermuda and Rye grass).

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Packet Pg. 216 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 93 26. MAIN STREET PLANTERS
Acreage: ~23,813 Square Feet
Location/Address:

Main Street from 4th Street to 8th Street
Scope of Work:
 Landscaping, weeding, raking, trimming, and pruning of plants and trees once per week.  DG shall be maintained and DG shall be added two times per year.  Plants and shrubs shall be pruned and trimmed to not exceed three (3) feet above curb grade to maintain visibility for motorists.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per month to replace dead plant material where requested by CITY.

6.a
Packet Pg. 217 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 94 27. OCOTILLO & 28. ORANGE AVE
Acreage: ~2,006 Square Feet
Location/Address:

28. Ocotillo Drive Strip & Median
(Weekly)

29. Orange Avenue Strip (Quarterly) South of
Haskell/ Sunset West of Lotus Avenue
Scope of Work:
 Landscaping, mowing, trimming, and edging of lawn and turf areas, trimming and pruning of plants and trees, maintenance of ground covering once per week.  Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.

Programming of irrigation controllers per seasonal watering schedules. Backflows to be checked and maintained in proper condition.
 Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Litter removal and disposal once per week.
 Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY.  Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide ten 5-gallon shrubs per month to beautify or replace dead plant material where requested by CITY.

6.a
Packet Pg. 218 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 95 EL CENTRO TRANSIT CENTER (SCHEDULE D #29)
Acreage: ~1.31 Acres
Location/Address:
a. 7th Street/State Street
Scope of Work:
 Landscaping, weeding, raking, trimming, and pruning of plants and trees once per week.  Litter removal and disposal once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Clean gutter and grates once per month or as needed.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

Additive Bid Items:
 The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY.

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Packet Pg. 219 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal 96 -END OF SPECIAL PROVISIONS6.a
Packet Pg. 220 Attachment: General Landscaping Contract Final 2024 (6380 : Approve Bid Documents for the General Landscaping Services, Tree Removal City Council of the City of El Centro Meeting: 08/20/24 06:00 PM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Bid
Prepared By: Javier Villaverde
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6471) DOC ID: 6471
Discussion and Necessary Action to Approve Bid Documents for the General Landscaping Services, Tree Removal and
Irrigation Repair and Emergency Landscaping Services at Lighting and Landscape Maintenance Districts and Authorize the Community Services Department to go out for Bid.

CITY MANAGER’S RECOMMENDATION:

Approve Bid Documents for the General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Lighting and Landscape Maintenance Districts and Authorize the Community Services Department to go out for Bid.

FISCAL IMPACT:

The services performed under this maintenance contract will be paid for from the General Fund Parks Division.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4: Recreation and Life Long Learning - Offer opportunities for recreation and life long learning through innovative, inclusive programming, parks and facilities that serve all residents and visitors.

Goal #5: City Beautification, Engagement and Civic Pride - Enhance the quality of life in El Centro by promoting community engagement and investing in new opportunities that foster civic pride and city beautification through community accountability.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Due diligence will be conducted after bids are received.

BACKGROUND:

The City of El Centro’s Parks Maintenance Division is tasked with maintaining the landscaping at numerous City facilities, these include park facilities and other City facilities. Areas the Parks Division maintains includes landscaping at the Library, Aquatic Center, Fire Department Stations, Police Station, Downtown right of ways, City Hall, Economic Development, and others. Currently, approximately 111 acres of park space are maintained and approximately 29 acres of retention basin green space are maintained.

The Parks Division consists of one Parks Supervisor, One Lead Worker, Two Parks Maintenance II employees, and Four Parks Maintenance I employees for a total of eight employees. A total of seven employees work out on the field. The Parks Division also includes two temporary Monitor employees that assist in opening ballfield gates, restrooms, and opening/closing City facilities.
7 Packet Pg. 221
Action Item (ID # 6471) Meeting of August 20, 2024
Due to limited staffing, the City relies on contracted landscaping services to mow grass and prune and trim shrubbery and other landscaping. Major irrigation breaks and other significant projects are completed in-house by City staff.

The contracts are generally divided as follows:

1. Large City Parks, Ballfields, and Retention Basins Mowing Contract- Carlos Aguilar Park, Bucklin Park, Community Center/McGee Park, Countryside Park, Farmers Park, Frazier Field, Gomez Park, Leeper Park, Lotus Strip, Debbie Pittman Park, Plank Park, Stark Park, Swarthout Park, Efren Coronel Park (formerly Wildflower Park), Wake Avenue & South Clark Right of Way, Water Treatment Plant, Wastewater Treatment Plant, Wastewater Substation Plant.

This contract also includes the following retention basins: Farmers, Lotus, Ocotillo, and Tangerine.

2. Small City Parks and City Facilities Contract- Eight Downtown Parking Lots, City Hall, Economic Development Offices, Town Square, 8th and Vine Park (Water Tower Site), Fire Station #1, Fire Station #2, Fire Station #3, Old Post Office Pavilion, Police Department, Business Incubator, Aquatic Center, Sidewinder Skate Park, Dr. MLK Jr. Sports Pavilion, Library, Dog Park, First Responders Park, and Buena Vista Park (future), Road Medians at various locations, and the Transit Center.

3. Lighting and Landscaping Maintenance District- Legacy Ranch District (4th Street/SR86 and Farnsworth Lane, Legacy Subdivision, Legacy (Memorial) Park, Buena Vista Subdivision, Buena Vista Park (future), Town Center Subdivision and Retention Basin.

DISCUSSION:

The Lighting and Landscape Districts contract is expired. Per the City's Purchasing and Contracting Methods Guidelines, a formal bid process will be utilized for the procurement of a company to perform the maintenance work.

Due to the growth in park space, City facilities landscaping, and increases in the minimum wage, it is anticipated the contract price will increase. Council will have the opportunity to accept or reject bids when they are received.

To specify, the bid documents for this contract include the following Lighting and Landscape Districts:

Buena Vista Lighting and Landscape District: Buena Vista Subdivision, Buena Vista Park (future),
Legacy Lighting and Landscape District: 4
th Street/SR86 and Farnsworth Lane,
Legacy Subdivision, Legacy (Memorial) Park
Towncenter Lighting and Landscape District: Town Center Subdivision and 7 Packet Pg. 222
Action Item (ID # 6471) Meeting of August 20, 2024
Retention Basin
CONCLUSION:

Staff recommends that the City Council approve the Bid Documents and Authorize the Community Services Department to send out for bid.

ATTACHMENTS:
· General Lighting and Landscaping Districts Contract Final 2024 (PDF) 7 Packet Pg. 223

CITY OF EL CENTRO
Department of Parks & Recreation

LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS
Request for Bids
General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Lighting and Landscape Maintenance Districts Requested By:

City of El Centro
Parks & Recreation Division
375 S. 1st Street
El Centro, CA 92243
Phone: (760) 337-4553
Fax: (760) 337-4551
Adriana Nava, Community Services Director

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Packet Pg. 224 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 1 GENERAL LANDSCAPING SERVICES, TREE REMOVAL AND IRRIGATION

REPAIR AND EMERGENCY LANDSCAPING SERVICES AT LIGHTING AND

LANDSCAPE MAINTENANCE DISTRICTS

TABLE OF CONTENTS
PAGE
NOTICE INVITING BIDS………………………………………………… ............. 2-4 INSTRUCTIONS TO BIDDERS…………………………………………………… 5-11
BID FORMS………………………………………………………………………… 12-18
GENERAL INFORMATION………………………………………………………. 19
EXPERIENCE STATEMENT……………………………………………………… 20
NONCOLLUSION DECLARATION……………………………………………… 21
BID BOND………………………………………………………………………….. 22
CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION………... 23 DRUG/ALCOHOL TESTING REQUIREMENT………………………………….. 24
WORKERS’ COMPENSATION CERTIFICATE…………………………………. 25
SITE VISIT CERTIFICATE……………………………………………………….. 26
CONTRACTOR’S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION……………………………………………….. 27
PERFORMANCE BOND………………………………………………………….... 28
PAYMENT BOND.…………………………………………………………………. 29
MAINTENANCE SERVICES AGREEMENT .......................................................... 30-40 GENERAL CONDITIONS………………………………………………………….. 41-56
SPECIAL PROVISIONS……………………………………………………………. 57-74

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Packet Pg. 225 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 2 NOTICE INVITING BIDS
RECEIPT OF BIDS: Sealed bids will be received at the office of the City Clerk, City of El Centro, CITY of the WORK, located at 1275 Main Street, El Centro, CA 92243, until 2:00 PM, on, for general landscape services, tree-trimming and removal, and emergency on-call services at lighting and landscape maintenance districts within the City of El Centro. Bids received after the due time and date will not be considered.

DESCRIPTION OF WORK: The general scope of services includes: To provide all labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements. The initial term of the Agreement will be two years, with three possible one-year extensions. Increased compensation may be negotiated for such extension. CONTRACTOR shall be required to perform the following landscape maintenance activities at various sites throughout the City as follows:
 Tree planting per City Guidelines
 Lawn mowing/edging maintenance
 Irrigation system (all systems) maintenance
 Weed abatement
 Clean up and disposal and/or recycling of generated green waste  Root pruning and root barrier installation
 Shrub trimming
 Groundcover maintenance
 Fertilizing
 Emergency on-call services
SITE OF WORK: The site of the WORK is located in the City of El Centro City limits at various city parks and facilities as outlined in the bid schedule.

OPENING OF BIDS: The bids will be publicly opened and read at 2:00 PM on , at the above-mentioned office of the CITY. CONTRACTORS and their authorized agents are invited to be present.

OBTAINING CONTRACT DOCUMENTS: The contract documents are entitled “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Lighting and Landscape Maintenance Districts.” The Contract Documents may be downloaded free from Planet Bids by visiting the City of El Centro website at www.cityofelcentro.org and selecting “Public Works (Planet Bids)” from the “DOING BUSINESS” drop down. The bidder will be required to register for the project on Planet Bids prior to receipt of the compact disc.

COMPLETION OF WORK: The term of the contract will be for an initial three (3) year period, and will include (2) two options for (1) year extensions up to a total contract of five (5) years.

BIDS TO REMAIN OPEN: The successful CONTRACTOR shall guarantee the total bid price for a period of 120 calendar days from the date of bid opening.

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Packet Pg. 226 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 3 CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California law, the CITY has determined that the successful CONTRACTOR shall possess a valid business license from the City of El Centro and a C-27 Landscaping license from the State of California at the time that the bid is submitted and maintain during the period of the contract.

Failure to possess the specified licenses shall render the bid non-responsive and shall act as a bar to award of the contract to any CONTRACTOR not possessing said licenses. Failure of the successful CONTRACTOR to possess said licenses during the contract period will be considered a breach of the contract.

MANDATORY PRE-BID CONFERENCE: Bidders MUST attend a pre-bid conference which will be conducted by the City’s PROJECT MANAGER on. The meeting will be held at the Economic Development Division, 1249 Main St., El Centro, CA 92243. The objective of the Pre-bid conference is to acquaint Bidders with the scope of work and provide the opportunity to conduct a job walk to familiarize the bidders with the site conditions.

MANDATORY EXAMINATION OF WORK SITES: The CONTRACTOR is required to examine carefully all the sites as listed in the bid document. Absent CONTRACTOR’s solicitation phase bid protest, City of an error in the bid documents, it will be assumed that the CONTRACTOR has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of WORK to be performed, and as to the requirements of the contract documents. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the CONTRACTOR has made such examination.

PROJECT ADMINISTRATION: All communications relative to this WORK shall be directed, in writing, to the CITY’s Community Services Director prior to the opening of bids.

City of El Centro Parks & Recreation Division
1249 Main Street
El Centro, CA 92243
Attn: Adriana Nava
Community Services Director
Telephone: (760) 337-4543
Email - [email protected]
Questions must be submitted in writing by 5:00 pm ___________________, 2024 to allow time for distributing answers and/or clarifications to plan holders. Questions on bids received may be submitted to the City’s Parks Supervisor, Javier Villaverde at least 10 calendar days before the award of bid by 5:00 pm __________________ to allow time for distributing answers and/or clarification to plans. Questions may be answered in writing posted on the website or emailed to all those who picked up bid packets.

CITY’S RESPONSES: Responses to questions that may be asked will be provided by written Addenda. No oral comments shall be of any force or effect with respect to this solicitation.

CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code sections 1770 et seq. as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in such sections for the locality in which the WORK is to be performed. A copy of said wage rates is on file at the office of CITY. It shall be mandatory for CONTRACTOR to whom the WORK is awarded, and upon any Subcontractor under

7.a
Packet Pg. 227 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 4 CONTRACTOR, to pay not less than said specified rates to all workers employed by them in the execution of the WORK.

CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH DEPARTMENT OF INDUSTRIAL RELATIONS: Labor Code section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code section 4104, or engage in the performance of any contract for public work, as that term is defined in Chapter 1, Part 7, Division 2 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5.

Labor Code section 1771.1 also provides that it is not a violation of that section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code section 7029.1 or by Public Contract Code section 10164, provided the contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

RETAINAGE FROM PAYMENTS: CONTRACTOR may elect to receive one hundred (100) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by CITY, by depositing securities of equivalent value with CITY in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by CITY, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and CITY.

No bid will be received unless it is made on the prescribed bid form furnished by the City. No emailed or faxed bids. Each bid must be accompanied by a guaranty of cash, certified check, cashier’s check or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the bid. Such guaranty will be forfeited should the bidder to whom the contract is awarded fail to enter the contract. All guaranties are to be returned after the contract is awarded. See Section 17 of the Instructions to Bidders below.

CITY'S RIGHTS RESERVED: The CITY reserves the right to reject any or all bids, to waive any informality in a bid and to make awards to the lowest responsive, responsible bidder as it may best serve the interest of the CITY.

Date:____________________ CITY: City of El Centro
___________________________

—END OF NOTICE INVITING BIDS—

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Packet Pg. 228 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 5 INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term “Bidder” means one who submits a Bid directly to CITY, as distinct from a sub-bidder, who submits a Bid to a Bidder.

2. INTERPRETATIONS AND ADDENDA.

2.1 All questions about the meaning or intent of the Contract Documents are to be directed to CITY. Interpretations or clarifications considered necessary by CITY in response to such questions will be issued by addenda. Questions received less than seven (7) days prior to the date for opening of bids may not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

2.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by CITY.

3. BASIS FOR SELECTION OF BIDDER. The successful bid will be both responsive and responsible. A responsive bid is determined by reviewing the bid itself.

Responsibility will be determined by looking at the bidder and factor beyond the face of the bid.

A. Responsible bidder as it pertains to this contract shall be as follows:

3.1.1 Standards of Responsibility: The City may reject bids on the basis of nonresponsibility. A responsible bidder is one that has the capacity in all respects to perform fully the contract requirements, and the qualifications which will assure good faith performance of the contract. Factors to be considered in determining whether the standard of responsibility has been met include whether a bidder has:
a. The appropriate financial, material, equipment, facility, capacity (adequate workforce to complete the job in a timely fashion) and personnel resources, including all required certifications, licenses, and expertise necessary to indicate its capacity to meet all contractual requirements, including the following specific requirements:
i.Adequate workforce to meet multiple critical work schedules at once; ii.Ability to start projects on the commencement dates set forth by the City and satisfactorily complete them within the City’s stated time limits; b. A satisfactory record of performance, including but not limited to any prior work performed by bidder for the City or other agency;
c. Evidence of ability to provide the required bonding and insurance capacity.

An apparent low bidder with cash or cashier’s check as bid bond is required to submit a pre-qualification letter from an acceptable surety or cashier’s check as performance bond within fourteen (14) calendar days of the bid opening; d. A satisfactory record of integrity, diligence, and professionalism in the specific contract work;
e. The legal qualifications to contract with the City; and f. Supplied all information requested by the City in connection with the inquiry

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Packet Pg. 229 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 6 concerning responsibility.

3.1.2 Information Pertaining to Responsibility. Before awarding a contract, the City must be satisfied that the prospective CONTRACTOR is responsible. The prospective contractor shall supply any information requested by the City concerning the responsibility of such contractor, including the qualifications and performance records of contractor’s employees and proposed subcontractors. The City may use the information provided by the prospective CONTRACTOR as well information obtained from other legitimate sources including City staff’s own experience with the prospective CONTRACTOR and prospective CONTRACTOR’S employees.

3.1.3 If the prospective CONTRACTOR fails to supply the requested information, the City may find the prospective CONTRACTOR non-responsible on the basis of its failure to provide the requested information to the City.

3.1.4 The City’s Process Concedrning Responsibility.

3.1.5 Written determination of Non-responsibility Requirements. If a bidder who otherwise would have been awarded the Contract is found non-responsible, a written determination of non-responsibility setting forth the basis determination shall be prepared by the City and sent to the non-responsible bidder or offeror.

The bidder shall have an opportunity to submit materials refuting the City’s determination and to appeal the City’s determination of non-responsibility.

4. EL CENTRO BUSINESS LICENSE. All Bidders and their Subcontractors not already having a license from the City of El Centro for the WORK will be required to secure the appropriate business license from the City of El Centro before the Agreement can be executed.

1. DISQUALIFICATION OF BIDDERS. More than one (1) Bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. If CITY believes that any Bidder is interested in more than one (1) Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected.

If CITY believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK.

6. BIDDER’S EXAMINATION OF CONTRACT DOCUMENTS AND SITE
It is the responsibility of each Bidder before submitting a Bid:
(a) To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including “technical data” referred to below); (b) To visit the site to become familiar with and satisfy Bidder as to the general and local conditions that may affect cost, progress or performance of the WORK; (c) To consider Federal, State and local Laws and Regulations that may affect cost, progress or performance of the WORK;

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Packet Pg. 230 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 7 (d) To study and carefully correlate the Bidder’s knowledge and observations with the Contract Documents and other related data; and
(e) To notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related data.
(f) The bidder is required to thoroughly examine the Specifications including Contract Form for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the requirements of the specifications, including the contract. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the bidder has made such examination.

7. BID FORM.

7.1 The Bid shall be made on the Bid Schedule bound herein and the pages may be removed from the bound volume. The envelope enclosing the sealed Bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words “BID FOR” followed by “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Lighting and Landscape Districts” El Centro, CA, 92243, and the date and hour of opening of Bids.

The Bid Security shall be enclosed in the same envelope with the Bid.

7.2 All blanks on the Bid Form must be completed in ink.

7.3 Bids by corporations must be executed in the corporate name by the president and a vice-president (or other corporate officer). Such Bid shall be accompanied by the enclosed certificate of authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature.

7.4 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by evidence of authority to sign and his/her title must appear under the signature and the official address of the partnership must appear below the signature.

7.5 All names must be printed below the signature.

7.6 The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. Failure to acknowledge Addenda shall render the Bid non-responsive and shall be cause for its rejection.

7.7 The address to which communications regarding the Bid are to be directed must be shown.

7.8 All Bidders must provide evidence of authority to conduct business in California to the extent required by law.

8. QUANTITIES OF WORK. The quantities of work or material stated in unit price items of the Landscape Bid Form are supplied only to give an indication of the general scope of

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Packet Pg. 231 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 8 the WORK; CITY does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the amount of any unit price item of the WORK in accordance with Article 3 of the General Conditions, to delete any Bid item in its entirety, or to add additional Bid items up to and including an aggregate total amount not to exceed twenty-five (25) percent of the Contract Price.

9. 10. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place set forth in the Notice Inviting Bids. It is the Bidder’s sole responsibility to see that its Bid is received in proper time.

11. BID SECURITY, BONDS AND INSURANCE. Each Bid shall be accompanied by a certified or cashier’s check or approved Bid bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City of El Centro and shall be given as a guarantee that the Bidder, if awarded the Agreement, will enter into an Agreement with CITY, and will furnish the necessary insurance certificates, payment bond and performance bond; each of said Bonds to be in the amount stated in the Supplementary General Conditions. In case of refusal or failure to enter into said Agreement, the check or Bid bond, as the case may be, shall be forfeited to CITY. If the Bidder elects to furnish a Bid bond as its Bid security, the Bidder shall use the Bid bond form bound herein, or one conforming substantially to it in form.

12. DISCREPANCIES IN BIDS. In the event of a discrepancy between words and numbers in the Bid, the words shall govern. In the event there are unit price Bid items in the Schedule of Values and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the Bidder shall be bound by said correction. In the event there is more than one (1) Bid item in the Schedule of Values and the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Bidder shall be bound by said correction.

13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, alterations or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic or telephonic Bids or modifications will not be considered.

14. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids.

15. BID RESULTS. To obtain bid results, provide a self-addressed, stamped envelope, referencing “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities General Landscaping Services and Emergency Landscape Services at Various City Parks and

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Packet Pg. 232 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 9 Facilities.” Bid tabulation will be mailed to you after verification of extensions. Bid results will not be given out over the telephone. Bid results may be posted on the City’s website at www.cityofelcentro.org.

16. AWARD OF CONTRACT. Award of a contract, if it be awarded, will be on the basis of the Bid proposal estimated quantities and will be made to the lowest responsive Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid schedule. The lowest Bid shall be the lowest total of the Bid prices on the Base Bid.

17. RETURN OF BID SECURITY. Within fourteen (14) Days after award of the Agreement, CITY will return the Bid securities accompanying such of the Bids as are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany.

18. EXECUTION OF AGREEMENT. The apparent low Bidder will be required to execute a written Agreement with CITY on the form of agreement provided, shall secure all insurance and shall furnish all certificates and Bonds required by the Contract Documents within fourteen (14) calendar Days after receipt of notification that the Bidder is the apparent low Bidder. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be considered non-responsive and result in the forfeiture of the Bid security. If the lowest responsive Bidder refuses or fails to execute the Agreement, CITY may proceed to the second lowest responsive Bidder. If the second lowest responsive Bidder refuses or fails to execute the Agreement, CITY may proceed to the third lowest responsive Bidder.

On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder’s Bid securities shall be likewise forfeited to CITY.

19. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement.

20. WORKERS’ COMPENSATION REQUIREMENT. The Bidder should be aware that in accordance with section 3700 of the California Labor Code it will, if awarded the Agreement, be required to secure the payment of compensation to its employees and execute the Workers’ Compensation Certification in the form contained in these Contract Documents.

21. DEFINITIONS.

For the purposes of this document, the following definitions shall apply:

ADDENDA – Written or graphic instruments issued prior to the Agreement, which modify or interpret the Contract Documents, specifications, by additions, deletions, clarifications, or corrections.

BID – The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed.

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Packet Pg. 233 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 10 BIDDER – Any person, firm, or corporation submitting a bid for the work.

BONDS – Bid, and other instruments of surety, furnished by the CONTRACTOR and the CONTRACTOR's surety in accordance with the Contract Documents.

CHANGE ORDER – A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the work within the general scope of the Contract Documents, or authorizing any adjustments in the contract price.

CITY – CITY OF EL CENTRO
CONTRACT DOCUMENTS – The contract, including information for bidders, Notice of Award, Maintenance Services Agreement, Notice to Proceed, General Conditions, Special Provisions, Insurance Requirements and Addenda.

CONTRACT PRICE – The total moneys payable to the CONTRACTOR under the terms and conditions of the Contract Documents.

CONTRACTOR – The person, firm or corporation with whom the CITY has executed the Agreement for any one or multiple bid divisions.

DIRECTOR – The Community Services Director and or his/her designee.

EXTRA WORK – Additional work directed based on approved bid amounts. Effectuated through a field Order.

FIELD ORDER – A written order effecting a change in the work or EXTRA WORK not involving an adjustment in the contract price, issued by the CITY to the Contractor.

NOTICE OF AWARD – Written notice of the acceptance of the bid from the CITY to the successful bidder.

NOTICE TO PROCEED – Written communication issued by the CITY to the Contractor authorizing him/her to proceed with the work and establishing the date for commencement of the work.

PREPARER OF THESE SPECIFICATIONS – CITY OF EL CENTRO.

PROJECT – The undertaking to be performed as provided in the Contract Documents.

SPECIFICATIONS – A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship and including the General Conditions, and Special Provisions.

SUBCONTRACTOR – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the work at the site.

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Packet Pg. 234 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 11 SPECIAL PROVISIONS – Additions to the General Conditions. In the event of a discrepancy, the Special Provisions shall govern over the General Conditions.

SUPPLIERS – Any person or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site.

WORK – All labor necessary to produce the maintenance required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the project.

WRITTEN NOTICE – Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party or their authorized representative on the work.
- END OF INSTRUCTIONS TO BIDDERS -

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Packet Pg. 235 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 12 BID FORMS
BID TO: CITY OF EL CENTRO

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents entitled “General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities.”

2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid security.

3. This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the “Notice Inviting Bids” and the “Instructions to Bidders,” and will furnish the insurance certificates, Payment Bond and Performance Bond required by the Contract Documents.

4. Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of all of which is hereby acknowledged):

Number ______ ______ ______ ______ ______ ______
Date ______ ______ ______ ______ ______ ______

5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where WORK is to be performed, the applicable legal requirements (Federal, State and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary.

To all the foregoing, and including all Bid schedule(s) and information required of Bidder contained in this Bid form, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time set forth in said Contract Documents, and to accept in full payment therefore the Contract Price based on the total Bid price(s) named in the aforementioned Bid schedule(s).

Dated: Bidder:

By:
(Signature)
Title:

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Packet Pg. 236 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 13 BID SCHEDULE - PRICES
Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the bid for General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities and in accordance with Specifications the undersigned Bidder, having familiarized himself with the terms of the Agreement, the local conditions affecting the performance of the Agreement and the cost of the WORK at the place the WORK is to be done; and with the Specifications and other Contract Documents, hereby stipulated; CONTRACTOR agrees to complete the Agreement, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, equipment, tools, expendable supplies, and all utility and transportation services necessary to perform the Agreement, and complete in a workmanlike manner all of the WORK required in connection with the Agreement, all in strict conformance with the Specifications for the following prices and sum.

The following Bid Form of estimated quantities is included for convenience of bidding and a basis for comparison of Bids only, and 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 delete portions of the WORK, as may be deemed necessary or advisable by CITY.

All Bidders are REQUIRED to use unit prices where indicated and to complete this schedule. All items shall be complete and in place per the Bid and Contract Documents.

BID FORM
Pursuant to and in compliance with the Notice Inviting Bids and the other documents relating thereto, the undersigned Bidder, having familiarized himself/herself with the terms of the Contract and the Contract Documents, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform within the time stipulated, the Work of the Contract, including all of its component parts, and the furnishing of all materials and equipment required to be incorporated in the form a permanent part of the work; the furnishing of tools, equipment, supplies, transportation, utilities, facilities, labor, superintendence and services required to perform and complete the work; bonds, insurance and submittals; and including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Contract, including its acceptance by the CITY for General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Various City Parks and Facilities.

Important Note: CONTRACTOR shall be bound to the prices on the Bid Form for the threeyear duration of the contract term. Thereafter, if the contract is extended and at the request of the CONTRACTOR, CITY and CONTRACTOR will meet and revise prices to be effective for the next fiscal year (July 1 - June 30) in February of each year. This increase shall not exceed 3% in any one year. An exception to this limit can be made by the CITY in the event of unforeseen and uncontrollable circumstances such as but not limited to: Fuel Pricing, Workers' Compensation Rates, Prevailing Wage changes, etc.

CONTRACTOR’s Name:

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Packet Pg. 237 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 14 BASE BID
Schedule A – Landscape Maintenance Districts
Item
No.

Full Service Total Annual Cost
1-A #1 – Legacy Landscape District
Landscape Maintenance (Irrigation excluded)
$
1-B #1 – Legacy Landscape District
Irrigation Maintenance
$
2-A #2 – Legacy Park
Landscape Maintenance (Irrigation excluded)
$
2-B #2 – Legacy Park
Irrigation Maintenance
$
3-A #3 – Buena Vista
Landscape Maintenance (Irrigation excluded)
$
3-B #3 – Buena Vista
Irrigation Maintenance
$
4-A #4 – Buena Vista Park (see attached plans)
Landscape Maintenance (Irrigation excluded)
$
4-B #4 – Buena Vista Park (see attached plans)
Irrigation Maintenance
$
5-A #3 – Town Center
Landscape Maintenance (Irrigation excluded)
$
5-B #3 – Town Center
Irrigation Maintenance
$
TOTAL BID SCHEDULE A (ITEMS 1A – 5B) (In Words) (In Figures) Schedule B – Retention Basins
Item
No.

Full Service Total Annual Cost

6. Legacy Retention Basin (Next to Countryside Park) $

7. Buena Vista Retention Basin $

8. Town Center Retention Basin $
TOTAL BID SCHEDULE (ITEMS 6-8) (In Words) (In Figures)

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Packet Pg. 238 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 15 Schedule C – Extra Work
Item
No.

Full Service Total Annual Cost
Labor including work truck and tools.

9. Common Labor $

10. Skilled Technician $

11. Supervisor $

12. Emergency / After Hour Response $
Equipment

13. Spray Equipment $

14. Tractor with Implements $

15. Slit Seeder $

16. Mower $
TOTAL BID SCHEDULE C (ITEMS 9-16) (In Words) (In Figures)

SCHEDULE D – Contractor Markup
In order to determine a low bid for Schedule D, the contractor’s markup percentage costs for items in Bid Schedule D shall be multiplied by the sample Total Cost shown below. Contractor is to insert the standard markup for the items listed as a percentage and extend the dollar amount in the bid schedule.

Item
No.

Description Total Cost
(Comparison Basis
Only)
Percentage of
Cost
Amount

17. Materials Markup $1,000

18. Equipment Markup $1,000

19. Contractor’s Fee Markup $1,000

20. Performance and Payment
Bond Cost
$1,000

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Packet Pg. 239 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 16 21. General Conditions $1,000

22. Premium Labor $1,000
TOTAL BID SCHEDULE D (ITEMS 17 - 22) (In Words) (In Figures)

ADDITIVE BID ITEMS:

Item
No.

Additive Item Cost per unit

23. Special Provisions Section 17 Item 1 – Legacy
The CONTRACTOR shall provide five 5-gallon shrubs per month to replace dead plant material where requested by CITY.
$

24. Special Provisions Section 17 Item 1– Legacy
Re-seeding 2 times per year (Bermuda and Rye Grass) and compost. $

25. Special Provisions Section 17 Item 2 – Buena Vista
The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY. $

26. Special Provisions Section 17 Item 3 – Town Center
The CONTRACTOR shall provide five 5-gallon shrubs per quarter to replace dead plant material where requested by CITY. $
TOTAL ADDITIVE BID (ITEMS 23 - 26) (In Words) (In Figures) $
Total Base Bid – Sum of Bid Schedules A, B, C, and D $____________________ Total Base Bid in Words:
_____________________________________________________________________________

Total Additive Bid $____________________
Total Additive Bid in Words:
_____________________________________________________________________________

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Packet Pg. 240 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 17 BASIS OF AWARD
Award of contract, if any be made, shall be made to the Contractor with the lowest responsive responsible bid based on the Base Bid (Bid Schedules A, B, C, and D, Items 1 through 20).

The quantities shown in the contract bid form for this project are for the purposes of determining the lowest responsible bidder and establishing a budget. The quantities in no way represent the actual amount of work that will be available or will become available. Adjustments in unit prices must not be allowed on any bid item regardless of the quantity of work available from or authorized by the City.

ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall list below any and all addenda issued for this project. Failure to list issued addenda will result in a non-responsive bid:

ADDENDA (Please acknowledge with initials) DATE RECEIVED l.

2. 3.

4. 5.

6. -END OF ACKNOWLEDGMENT OF ADDENDA7.a
Packet Pg. 241 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 18 LIST OF SUBCONTRACTORS
The Bidder shall list below the name and the location of the place of business of each Subcontractor who will perform work or labor or render service to CONTRACTOR in or about the construction of the WORK, or a Subcontractor licensed by the State who, under subcontract to CONTRACTOR, specially fabricates and installs a portion of the WORK according to the specifications, in an amount in excess of one-half (0.5) of one (1.0) percent of CONTRACTOR’s Total Bid. The Bidder shall also list below the portion of the WORK which will be done by each Subcontractor under this contract. CONTRACTOR shall list only one (1) Subcontractor for each portion of the WORK. If Bidder does NOT intend to use ANY subcontractors, state “NONE” in the first block.

Substitutions of subcontractors listed will not be permitted unless approved by the CITY.

PORTION OF WORK NAME OF

SUBCONTRACTOR

DIR REGISTRATION
NUMBER

PLACE OF BUSINESS
ADDRESS/TELEPHONE No.
-END LIST OF SUBCONTRACTORS7.a
Packet Pg. 242 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 19 GENERAL INFORMATION
BIDDER’S GENERAL INFORMATION:

The Bidder shall furnish the information requested below. Additional sheets shall be attached as required. Failure to complete Item Nos. 1 through 3 will cause the Bid to be non-responsive and shall cause its rejection. In any event, no award will be made until all of the Bidder’s general information (i.e., items 1 through 3, inclusive) is delivered to CITY.

INFORMATION TO BE PROVIDED BY ALL BIDDERS WITH BID SUBMITTAL:
(1) CONTRACTOR’s name and address:

(2) CONTRACTOR’s telephone number: FAX number:
(3) CONTRACTOR’s license: Primary classification
California State License No. and Expiration Date
Supplemental classifications held, if any:

Name of Licensee, if different from (1) above:

To be considered for award, CONTRACTOR shall have met all requirements established by CITY of the Project.
-END GENERAL INFORMATION7.a
Packet Pg. 243 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 20 EXPERIENCE STATEMENT
The bidder shall submit, as a part of its bid, the following statements as to its experience qualifications. The bidder certifies that all statements and information set forth are true and accurate.
a. The bidder has been engaged in the contracting business under its present business name for _____ years.
b. Experience in work of nature similar in type and magnitude to that set forth in the specification extends over a period of years.
c. The bidder, as CONTRACTOR, has satisfactorily completed all contracts awarded to it, except as follows: (Name any and all exceptions and reasons therefore). Bidder should attach additional pages if necessary.

1. 2.
d. The following contracts covering work similar in type and magnitude to that set forth in the specifications have been satisfactorily completed within the last five (5) years for the following owners (person, firms or authorities): It is acceptable to provide an attached list of projects in lieu of the form below.

Name/Owner Tel. No. Type of Work Contract Amount
(Rounded to Closest
Thousand Dollars)

1. 2.

3. 4.

5. 6.
-END OF EXPERIENCE STATEMENT7.a
Packet Pg. 244 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 21 NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am
_____________________________________________________________________________________________, _____________________________________________________________________________________________ (Insert “Sole Owner”, “Partner”, “President”, “Secretary”, or other proper title) of ___________________________________________________________________________________________ (Insert name of bidder)
The party making the forgoing bid/proposal submitted herewith to the City of El Centro declares:
-That the bid is not made in the interest of, or on behalf of, any undisclosed person partnership, company, association, organization, or corporation;
-That the bid is genuine and not collusive or sham;
-That the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; -That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, of that of any other, bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;
-That all statements contained in the bid are true;
-That the bidder has nor directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
-Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________ [date] at _______________________[city] __________ [state].

Date ________________ _______________________________________ Contractor’s Name
_______________________________________
Contractor’s Signature
_______________________________________
Title
-END OF NONCOLLUSION DECLARATION7.a
Packet Pg. 245 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 22 BID BOND

KNOW ALL MEN BY THESE PRESENTS,
That _____________________________ as Principal, and ____________________as Surety, are held and firmly bound unto the City of El Centro, hereinafter called “CITY,” in the sum of __________________________ dollars, (_______________) (not less than ten (10) percent of the total amount of the Bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a Bid to said CITY to perform the WORK required under the Bid schedule(s) of CITY’s Contract Documents entitled:

General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Lighting and Landscape Maintenance Districts NOW THEREFORE, if said Principal is awarded a contract by said CITY and, within the time and in the manner required in the Notice Inviting Bids and the Instructions to Bidders enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said CITY and CITY prevails, said Surety shall pay all costs incurred by said CITY in such suit, including reasonable attorneys’ fee to be fixed by the court and actual costs.

SIGNED AND SEALED, this day of , 20
(SEAL) (SEAL)
(Principal) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
-END BID BOND7.a
Packet Pg. 246 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 23 CORPORATE CERTIFICATION
OR

PARTNERSHIP INFORMATION
Name of Corporation or Partnership________________________________________________ State of Incorporation___________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Date_____________________________ CONTRACTOR
_______________________
Signature_________________________ Title________________________________ ATTEST:
__________________________________
Signature by
__________________________________
Title
-END OF CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION7.a Packet Pg. 247 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 24 DRUG/ALCOHOL TESTING REQUIREMENTS
CONTRACTOR shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.

I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.

CONTRACTOR certifies compliance with the City of El Centro’s Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code sections 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. Sections 701 et seq.) In addition, CONTRACTOR agrees to submit a copy of its own drug free workplace policy.

Dated_____________________________

________________________________________
CONTRACTOR’s Name
_________________________________________
CONTRACTOR’s Signature
_________________________________________
Title
- END DRUG/ALCOHOL TESTING REQUIREMENTS –

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Packet Pg. 248 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 25 WORKERS’ COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861

OF THE CALIFORNIA LABOR CODE)
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 Agreement.

CONTRACTOR:

By:

Title:
- END OF WORKERS’ COMPENSATION CERTIFICATE –

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Packet Pg. 249 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 26 SITE VISIT CERTIFICATE
THIS IS TO CERTIFY that:

I, ___________________________________________________(name of bidder or his representative) of the _____________________________________________________ (name of construction firm) visited the site in connection with the Bid for General Landscaping Services, Tree Removal and Irrigation Repair and Emergency Landscaping Services at Lighting and Landscape Maintenance Districts Having examined the bid documents, I certify that I have acquainted with the nature, geographical and exact location of the works; the general conditions of execution; the neighboring buildings and other constraints that might affect the construction methods; the obligation not to obstruct the traffic where requested, or the flow of any water; the physical conditions specific to the construction sites; the climatic conditions; local conditions; means of communication and transport; the possibility of supplying water, electricity and fuel; the availability of labor sufficient in number and quantity; all constraints and obligations resulting from social, tax and customs legislation; and all conditions and circumstances which might influence the execution or price of the works.

I further certify that I am satisfied with the description of the works and the Project Engineer’s explanations and that I understand perfectly the works to be undertaken as specified and implied in the execution of the Contract.
______________________________________________
(Name and Signature of Bidder or his Representative)

Date : ______________________
Note 1: This form shall be completed at the time of the visit to the site where the works are to be carried out.
- END OF SITE VISIT CERTIFICATE –

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Packet Pg. 250 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 27 CONTRACTOR’S CERTIFICATION OF QUALIFICATION

FOR LICENSE CLASSIFICATION
After award of the contract, the CONTRACTOR, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:

1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.

2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.

3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.

If the individual who qualifies the CONTRACTOR for the license classification called for in these contract documents changes during the progress of the work, then CONTRACTOR shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.

For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the CONTRACTOR and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the CONTRACTOR under California law.

DATED:____________________ CONTRACTOR:___________________________________ SIGNATURE:_____________________________ TITLE:______________________________ ATTEST:

SIGNATURE BY:___________________________________________ TITLE:__________________________________________________ - END OF CONTRACTOR’S CERTIFICATION OF QUALIFICATION –

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Packet Pg. 251 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 28 PERFORMANCE BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 20__, and identified as project _______________________________________________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the principal and _____________________________________, as surety, are held and firmly bound unto the City of El Centro (hereinafter designated as “El Centro”) in the penal sum of ____________________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Centro, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by El Centro in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on ______________________, 20__.
(SEAL) (SEAL)

(CONTRACTOR) (Surety)
By: By:
(Signature) (Signature)
- END OF PERFORMANCE BOND –

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Packet Pg. 252 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 29 PAYMENT BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________ (hereinafter designated as “the principal”) have entered into an Agreement whereby the principal agrees to install and complete certain designated public improvements, which Agreement, dated _____, 20 ___, and identified as project _________________________________________________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the Agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro to secure the claims to which reference is made in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

Now, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the City of El Centro and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement and referred to in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code in the sum of ________________________________________________________ dollars ($__________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of El Centro in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on _____, 20___.
(SEAL) (SEAL)

(CONTRACTOR) (Surety)
By: By:
(Signature) (Signature)
- END OF PAYMENT BOND -

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Packet Pg. 253 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 30 CITY OF EL CENTRO

MAINTENANCE SERVICES AGREEMENT
This MAINTENANCE SERVICES AGREEMENT (“Agreement”), is made and effective , by and between the City of El Centro, a municipal corporation ("CITY"), and , a [sole proprietorship, partnership, limited liability partnership, corporation] ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article II of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the following:

Tree planting per City Guidelines
Lawn mowing/edging maintenance
Irrigation system (all systems) maintenance
Weed abatement
Clean up and disposal and/or recycling of generated green waste Root pruning and root barrier installation
Shrub trimming
Groundcover maintenance
Fertilizing
Emergency on-call services

The scope of work is more specifically described in these Specifications.

By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.

CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor.

To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY on account of delay, hindrance, interference or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in Special Provisions, Section 4 “Turf Mowing Schedule” and in Special Provisions Section 17 “Site Maps”, hereinafter referred to as Project Schedule. All work shall commence ten (10) calendar days after receiving a written Notice of Award from the CITY or Project Manager, if a Project Manager is employed by CITY on the Project. CONTRACTOR shall refer to the Notice Inviting Bids, and Specifications, all of which, as set forth below, are incorporated herein

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Packet Pg. 254 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 31 by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to the CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Schedule. The entire Project shall be completed within 36 months with yearly extensions available as determined by the Director for a maximum contract of 60 months.

III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of dollars and cents ($ ) for the first two years of the Agreement.

Thereafter, CONTRACTOR may request and CITY shall consider an increase in compensation for any extension in an amount no greater than the CPI increase/3% or for each extension year.

IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the CITY by the CONTRACTOR, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions. The CONTRACTOR shall provide a monthly billing to CITY showing the specific work done on the schedule required as set forth in the Specifications. CITY shall not make any payment for disputed work (i.e. work not done to the appropriate standard) or for work not done. CITY may retain 5% from each monthly payment which would be paid when disputed work is completed to the CITY’s satisfaction. This retention is in addition to liquidated damages.

V. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the CONTRACTOR.

VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel’s fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly

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Packet Pg. 255 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 32 understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

VII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Imperial County. Wage rates shall conform with those included with the bidding documents, including all pre-determined wage increases, and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VIII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

IX. CERTIFICATIONS
Contractor shall have a Class C27 License.

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Packet Pg. 256 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 33 X. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

XI. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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Packet Pg. 257 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 34 Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including nonowned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured.

Policy shall contain no language that would invalidate or remove the insurer’s duty to

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Packet Pg. 258 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 35 defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors.

CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims.

CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby

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Packet Pg. 259 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 36 waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against who claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

City’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the

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Packet Pg. 260 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 37 CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

XII. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XIII. REGISTRATION REQUIREMENTS [applicable to public works projects] Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not 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 contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.

CONTRACTOR must ensure registration with the DIR that is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public

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Packet Pg. 261 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 38 works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.

XIV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that , whose title is , is authorized to act for and bind the corporation.

XV. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.

XVI. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR

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Packet Pg. 262 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 39 whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVII. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage and that such damage may be difficult to quantify. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of five hundred dollars ($500) for each and every calendar day of delay beyond the Contract Time, or beyond any scheduled action under this Agreement, established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.

CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY’s ability to seek other damages.

CONTRACTOR is to refer to Project Schedule for duration of individual activities.

Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Schedule.

XVIII. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto: Delete the ones that don’t apply
Notice Inviting Bids Proposed Subcontractors
Scope of Summary Bid Bond
Information for Bidders Information Required of Bidder
Bid Form Contract
Non-Collusion Declaration Certificate Re. Worker’s Compensation Site Visit Certification Drug-free Workplace Certification Faithful Performance Bond Addenda

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Packet Pg. 263 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 40 Labor and Materials Payment Bond Construction Drawings General Conditions Aerial Maps
Special Provisions Change Orders
All of the above named CONTRACT DOCUMENTS are intended to be complementary.

Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XIX. ENTIRE CONTRACT
This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties. No waiver of any term or condition of this agreement shall be a continuing waiver thereof.

CONTRACTOR CITY
City of El Centro
By: ____________________________ By: ____________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________

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Packet Pg. 264 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 41 GENERAL CONDITIONS

1. GENERAL: The CONTRACTOR shall be experienced in horticulture and landscape maintenance, practices and techniques, and shall provide skilled, uniformed, and sufficient number of workers, with adequate equipment, to perform the WORK throughout the year.

WORK to be performed shall include the mowing of all lawn and turf areas in parks and/or facilities as listed in the contract documents.

WORK to be performed shall include the mowing, trimming, and edging, of lawn and turf areas, trimming & pruning of plants & trees, maintenance of ground covering & check all irrigation systems per the Special Provisions. All sprinkler heads shall be kept clear through weed eating or manual cleaning.

The CONTRACTOR shall provide regular inspection of turf area for pests and diseases.

Approved herbicide shall be applied to control broadleaf weeds. Applications of pre-emergent herbicide shall be used for winter annual weeds. The CONTRACTOR shall hold the appropriate applicator license through the Department of Pesticide Regulation.

The CONTRACTOR shall also sweep or rake lawn and turf areas as needed to keep them clean and clear of all lawn clippings as a result of said mowing. The CONTRACTOR shall keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. Means of sweeping and/or cleaning may be by manual labor such as sweeping or the use of power blowers and/or the use of mechanical sweepers. In no case shall any equipment be used that is determined to be a safety hazard or a public nuisance by the CITY’s authorized representative.

The CONTRACTOR also will remove on days of scheduled mowing, by whatever means appropriate, and before any mowing all trash and debris in area to be mowed so as to avoid creating additional debris and prevent hazards that may result from mowing over such items. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY for the CITY’s jobs only.

The CONTRACTOR shall provide tree and shrub pruning and associated WORK.

2. INCIDENTAL MOWING: The CONTRACTOR agrees that the intent of the contract is for the CONTRACTOR to maintain the park and facilities within the terms and conditions stated herein. Although usual mowing will be on a regular mutually-agreed upon schedule, occasional mowing may be required to meet the needs of special occasions or events at various parks and or facilities. Said occasional mowing as required at any given park or facility outside the normal scheduled mowing shall be termed incidental mowing. Incidental mowing shall be included in the monthly amount paid as indicated in the contract documents. The CITY for such incidental mowing shall pay no additional costs.

3. ADDITIONS AND DELETIONS OF PARKS AND FACILITIES: The CONTRACTOR agrees that the number of parks or facilities may be increased or decreased from time to time.

Such increases may be due to new developments or annexations to the City. Parks and facilities shall be increased or decreased, upon written by the CITY. Increase parks and facilities shall be in addition to those already indicated in the contract documents. All additional mowing of parks and facilities shall be paid by the CITY monthly, at a rate agreed prior to commencing of said

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Packet Pg. 265 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 42 mowing, and upon monthly invoice by the CONTRACTOR. Additionally, the CITY reserves the right to reduce the frequency of park and facility mowing to cover additions or reductions of parks and facilities. In all cases, reductions or additions to mowing shall be based on previously agreed upon rate for said mowing. Changes in mowing additions or reduction shall be negotiated between the CONTRACTOR and the CITY’s authorized representative.

4. SPECIAL AND EMERGENCY MOWING: The CONTRACTOR agrees to provide special mowing and landscape maintenance upon demand by the CITY in addition to any and all mowing specified elsewhere herein at a rate agreed upon and listed in bid documents as per location. Said special mowing shall be mowing which may be required and provided for in the scope of WORK. Special mowing may be required at any day of the week including weekends and or holidays. The CONTRACTOR shall provide mowing within (24) hours after receiving request. The CITY shall pay payment for such mowing monthly, at a rate agreed prior to commencing of said mowing, and upon monthly invoice by the CONTRACTOR.

5. EQUIPMENT: It shall be the responsibility of the CONTRACTOR to provide all necessary equipment as may be needed to perform the duties of the contract and as listed in the contract documents. All equipment used in the performance of the contract shall meet and or exceed all local, State and Federal safety standards that may apply to such devices. The CITY reserves the right to terminate the use of any equipment that it deems hazardous, excessively noisy or considered to be a public nuisance to the health of its residents, employees or authorized agents.

All equipment used in the performance of the contract shall be clearly marked so as to be identifiable as belonging to the CONTRACTOR. All equipment shall be kept in good working order with mower and edger blades kept sharp and free of damage. Mowing of the listed parks and facilities shall be accomplished by the use of rotary mowers or reel mowers. Use of flail mowers is prohibited under the terms of the contract.

6. PARK AND FACILITY USE: The CITY reserves the right to use any or all of its facilities listed in the contract at any time it deems appropriate and or necessary, and may at its discretion, make changes to mowing schedules upon seventy-two (72) hours written notice to the CONTRACTOR.

7. PERMITS AND LICENSES: The CONTRACTOR shall at its own cost and expense apply for and obtain all necessary permits and licenses required in connection with the requirements of the contract. The CONTRACTOR shall at all times, comply with all laws, ordinances, and regulations of all governmental authorities under which the WORK is performed pursuant to the contract. The CONTRACTOR shall maintain a file containing all necessary permits and licenses available for the CITY to inspect at any time. In the event laws, ordinances, and/or regulations of governmental authorities are enacted subsequent to the signing of the contract, which have an impact on costs to the CONTRACTOR, said costs either positive or negative shall be negotiated and adjustments may be made to the amounts to be paid as indicated in the contract.

8. INDEPENDENT CONTRACTOR: In the performance of the services under the contract, the CONTRACTOR shall be an independent contractor, maintaining complete control of its personnel and operations. As such, the CONTRACTOR shall pay all salaries, wages, expenses, social security taxes, Federal and State unemployment taxes and any similar taxes relating to the performances of the contract. The CONTRACTOR shall be held responsible for its workers and subcontractors when working with and/or around hazardous materials and the education thereof.

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Packet Pg. 266 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 43 9. SUBCONTRACTORS: The CONTRACTOR shall not subcontract any parts of the contract without the prior written consent of the CITY. All persons engaged in the park and facilities mowing service will be considered as employees of the CONTRACTOR, and subject to the provision of the contract. Additionally, the contract and the WORK to be performed under the contract shall not be in any way assigned or transferred by the CONTRACTOR without written consent of the CITY.

10. PENALTIES FOR NON-PERFORMANCE: In the event the CONTRACTOR does not complete required services as listed in contract documents designated for a given week, the CITY shall deduct from the amount owed the CONTRACTOR the proportionate value of the incomplete WORK. Deductions will be specific as to park and or facility for which service was not performed. A deduction of Fifty dollars ($50) per service not performed per service interval.

11. TERM: The contract will be for a term of two (2) years. The contract may be extended for three (3) additional one (1) year periods upon mutual agreement between the CONTRACTOR and the CITY.

13. GENERAL
a) Specification Disclaimer
CONTRACTOR acknowledges that the Services specified in this document are not intended to express every detail of the Service to be provided by the CONTRACTOR and the CONTRACTOR hereby represents that it is experienced and competent in providing Service that meets or exceeds generally accepted practices commensurate with those provided by other companies that provide such Service.

b) Maintenance of Service Records and Disclosure
Maintenance and Service Monthly Checklist Documentation is located in the Special Conditions section of these specifications.

CONTRACTOR shall prepare and maintain records for Services provided and chemicals applied to the property in order to substantiate charges to CITY for such Services.

CONTRACTOR shall retain such records for a period of twelve (12) months from the date of performance of the Service. CONTRACTOR may be called upon periodically by the CITY to perform work not herein specified. Such work will be classified as change orders.
c) Staging of Operations

The CONTRACTOR shall stage their work at each location out of the way of pedestrian and auto traffic. CONTRACTOR vehicles shall have traffic control erected around any parked vehicles. Parking on IID right of way and City of El Centro travel ways is prohibited, unless provided prior approval by either agency. d) Supervision

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Packet Pg. 267 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 44 3.1.5.1 CONTRACTOR shall provide adequate supervisory staff to supervise and direct its employees and subcontractors, if any, in providing service and compliance with these specifications.

3.1.5.2 The supervisor (either CONTRACTOR’s employee or a subcontractor’s employee) shall not leave the site until all work is completed.

3.1.5.3 CONTRACTOR must have a system so the crew performing the work can communicate with the CITY. The system may involve telephone communication between the CITY and the CONTRACTOR and then communication via radio with the crew performing the work. Alternatively, supervisory personnel must be able to functionally communicate as may be required from time to time to report emergencies, equipment malfunctions, and to correctly understand instructions by the CITY.

3.1.5.4 In addition to the supervisory staff assigned to the direct supervision of the landscape maintenance crew, CONTRACTOR shall maintain and show evidence of an adequate management level supervisory staff who shall make periodic scheduled and unscheduled visits to each site during normal business hours and when service is being performed. The purpose of these visits is to ensure maintenance at the optimum level.

3.1.5.5 CONTRACTOR shall monitor and appraise its own performance based on this contract, the objective being to measure the effectiveness of the landscape maintenance program. The CONTRACTOR will be available for a monthly walk through of the site with the CITY or CITY’s Representative, or as necessary. e) Frequency of Services
The landscape and maintenance tasks are to be performed at the locations listed in the Special Provisions. The task frequency and number of occurrences throughout the year shall be determined based on geographic locations, growing season and the type of landscaping/maintenance at each property. In the event that time is lost due to inclement weather, the CONTRACTOR shall reschedule his crews and divide their times accordingly to visit each site during the time remaining. The CONTRACTOR shall be allowed to work on Saturdays/Sundays, if needed to make up for rain days with prior approval.
f) Uniformed Employees
CONTRACTOR’s crews including laborers and supervisors shall perform work on the premises in a uniform to be designed by the CONTRACTOR. Uniforms must be in good repair and worn properly including wearing of shirts at all times. CONTRACTOR’s vehicles on the premises shall be marked with the CONTRACTOR’s name and/or logo. g) Communication Protocol
CONTRACTOR shall meet with the CITY to walk the property to discuss conditions, schedules, and items of concern regarding this agreement at the request of the CITY.

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Packet Pg. 268 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 45 CONTRACTOR, at the request of the CITY, shall make available weekly or monthly logs as to time, date, and type of services performed.
h) Interference with the Public
CONTRACTOR hereby agrees to reasonably adjust the times of the day and days of the week when work is performed to minimize interference with public events.

CONTRACTOR shall provide protection for CITY employees, residents, and the general public when working on landscape, sidewalks, driveways, or near building and building entrances.
i) Clean-up
The CONTRACTOR shall at all times keep the premises occupied by him and access to such premises in a neat, clean and safe condition. Upon completion of any Work, the CONTRACTOR shall promptly remove all his equipment, temporary structures, and surplus construction and other materials not to be used at or near the same location at the end of each day. Upon completion of any work and before final payment is made, the CONTRACTOR shall, at his expense, satisfactorily dispose of all plants, rubbish, unused materials, and other equipment and materials belonging to him or used in the performance of work and the CONTRACTOR shall leave the premises in a neat, clean and safe condition. In the event of the CONTRACTOR's failure to comply with any of the foregoing, the same may be accomplished by the CITY at the CONTRACTOR's expense.

14. EXISTING CONDITIONS AND EXAMINATION OF SITE
CONTRACTOR acknowledges that it has inspected or was able to inspect the work sites and that it understands the Service requirements and conditions under which the Service is to be performed. No allowances shall be made due to the CONTRACTOR’s error, negligence or failure to have adequately inspected the sites where Service is to be performed. CONTRACTOR acknowledges, understands and agrees that the cost of the Service is intended to cover foreseeable work, risks, hazards and difficulties inherent to the Service of this nature.

15. DESIGNATION LETTER OF GENERAL SUPERINTENDENT
The CONTRACTOR shall submit a letter designating the General Superintendent for the Project to the CITY, within 10 days after the issuance or the notice to proceed. Substitutions will not be permitted without prior approval of the CITY. The letter shall also include emergency contact information for the CONTRACTOR.

16. INSURANCE
See the form of contract above for insurance requirements.

17. LOSS PREVENTION

17.01 The CONTRACTOR shall examine the landscape, including irrigation system, on a monthly basis or as outlined in in these Landscape Maintenance Specifications and the

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Packet Pg. 269 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 46 Monthly Checklists for this project, looking for problems or potential problems with the landscape.

17.02 The CONTRACTOR shall make minor replacements and repairs to the landscape facilities as part of the required maintenance work. A minor item would be something that takes less than 15 minutes to repair by a skilled workman, using minimal replacement parts. Major items (including replacement of or installation of plants outside of the bid schedule) needing replacement or repair shall be reported to the CITY within one week of occurrence. Major items shall be considered and approved by change order to the required work.

The CONTRACTOR shall be available to perform additional work related to the landscape maintenance as may be authorized in writing by the CITY. Such work shall be non-minor items relating to landscape care or maintenance, which are not a part of the normal maintenance work, as outlined in this specification.

17.03 Damages from CONTRACTOR Operations

17.03.01 CONTRACTOR agrees to repair or replace all damage to residential and/or neighboring property caused by equipment or employees of the CONTRACTOR.

17.03.02 Lawn, trees, shrubs, hardscapes, or ground covers that are damaged or destroyed due to the CONTRACTOR’s operations, negligence or misuse of chemicals shall be replaced at CONTRACTOR’s expense within thirty (30) days of discovery. Replacement plants shall be comparable in size to the lost plant, or shall be approved by CITY, if smaller. The CONTRACTOR will repair grades and other work necessitated due to planting and removal and replacements.

17.03.03 In the event that the lawn becomes sparse or barren due to CONTRACTOR neglect during the period of maintenance,
CONTRACTOR shall repair lawn to its previous condition and to the CITY’s satisfaction. Lawn areas shall be kept as green and healthy as possible at all times in all areas to maintain a high level of appearance.

17.03.04 Irrigation equipment that is damaged or destroyed due to the CONTRACTOR’s operations shall be repaired or replaced by the CONTRACTOR promptly at CONTRACTOR’s expense.

17.03.05 Damage to any backflow preventers (BFPs) or fire valves or other utility equipment existing in landscaped areas caused by the CONTRACTOR’s employees or equipment shall be repaired or replaced by the CONTRACTOR at its cost, immediately after such damage.

18. RESPONSE TIME
The CONTRACTOR, at no additional cost, is to be available to respond to emergency calls regarding landscape care or maintenance for the project sites of this contract. The CONTRACTOR shall respond within two hours after initial contact by the CITY or the CITY’s

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Packet Pg. 270 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 47 representative. The CONTRACTOR shall address the issue per these specifications. After the CONTRACTOR has evaluated and/or pacified the issue, the CONTRACTOR and CITY will discuss the work required to completely correct the issue. Should the issue be considered a major item, then major item shall be corrected by change order upon approval of the CITY.

19. LAWS, CODES, AND ORDINANCES
Any requirement of this specification that conflicts with or is in violation of any government rule, ordinance, regulation, etc. shall be void. The CONTRACTOR shall notify the CITY immediately of any such requirement found in this specification.

The CONTRACTOR shall, throughout the course of this work, comply with all rules, ordinances, regulations, etc. set forth by agencies having jurisdiction, which apply to the work site, the CONTRACTOR, and/or his/her employees.

20. CHANGES IN WORK
a. The CITY may at any time, as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the frequency required for performance of the work, an equitable adjustment shall be authorized by a Change Order. b. The CITY may also at any time by issuing a Field Order make changes in the details of the work. The CONTRACTOR shall proceed with the performance of any changes in the work so ordered by the CITY unless the CONTRACTOR believes that such Field Order entitles him to a change in Contract Price or Time, or both, in which event he shall give the CITY written notice thereof within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in Contract Price or Time within thirty (30) calendar days. The CONTRACTOR shall execute such changes upon the receipt of an executed Change Order or further instructions from the CITY.
c. In the event of any emergency that the CITY determines endangers life or property, any work required by reason of such an emergency shall be performed in accordance with verbal orders from the CITY. These orders will be confirmed in writing as soon as practicable. Any such authorization, whether written or verbal, may be accompanied by drawings and data as are necessary to show the extent of such change or extra work. In the event of ordered emergency work, the CONTRACTOR shall keep accurate records of actual costs in accordance with these specifications until such time as Agreement of compensation is reached. Keeping of such records shall not be construed as an indication that this method of compensation is necessarily acceptable for such emergency work and shall not preclude the possibility of an Agreement to pay for such emergency work on a unit-price or lump-sum basis. Upon determination as to the compensation due the CONTRACTOR for performing any emergency work, the Contract Documents will be amended in writing by a Change Order.

21. CHANGES IN CONTRACT PRICE
a. All changes which affect the cost or time of the contracted work of the project must be authorized by means of a Change Order. The Change Order will include extra

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Packet Pg. 271 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 48 work, or work for which quantities have been dramatically altered from those shown in the bidding schedule. All changes should be recorded on a Change Order Form as they occur. Each Change Order Form must contain complete and detailed justification for all items addressed by the Change Order. b. The value of any work covered by a Change Order or of any claim for increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below:
1) An agreed lump sum.
2) The actual cost of labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. In addition, there shall be added an amount to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the work to cover the cost of general overhead and profit. 3) Unit prices previously approved.

22. MATERIALS, SERVICES AND FACILITIES
a) It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, trash and organic debris disposal costs and fees, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time.
b) Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

23. PROTECTION OF WORK, PROPERTY AND PERSONS
The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to, all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, sidewalks, pavements, roadways, structures, P.C.C. curb and gutter, P.C.C. cross-gutters, irrigation facilities and utilities not designated for removal, relocation or replacement in the course of construction. a) The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. The CONTRACTOR will notify the CITY of adjacent utilities when prosecution of the work may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

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Packet Pg. 272 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 49 b) In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CITY shall act to prevent threatened damage, injury or loss. The CONTRACTOR will give the CITY prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby, and a change order shall thereupon be issued covering the changes and deviations involved. c) The CONTRACTOR shall maintain all portions of the work in a neat, clean and sanitary condition at all times. Toilets shall be furnished by the CONTRACTOR where needed for use by all employees and their use shall be strictly enforced. The CONTRACTOR shall also be responsible for furnishing and maintaining a potable water supply or providing potable drinking water to their employees and subcontractors. d) The CONTRACTOR shall keep adequate first-aid facilities and supplies available at the project sites.
e) The CONTRACTOR shall assure that his/her Subcontractors of all tiers shall comply with the foregoing provisions.

24. SUSPENSION OF WORK, TERMINATION, AND DELAY
a) The CITY may suspend the work or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the CONTRACTOR, by written notice to the CONTRACTOR which shall fix the date on which work shall be resumed.

The CONTRACTOR will resume that work on the dates so fixed. The CONTRACTOR will be allowed an increase in the Contract Price or an extension of the contract time, or both, directly attributed to any suspension.
b) If the CONTRACTOR is adjudged as bankrupt or insolvent, or makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property, or if the CONTRACTOR files a petition to take advantage of any debtor's act, or to re-organize under the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workmen, or suitable material, or equipment, or repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment, or otherwise violates any provision of the Contract Documents, then the CITY may, without prejudice to any other right or remedy, and after giving the CONTRACTOR a minimum of ten (10) days from delivery or a written notice, terminate the services of the CONTRACTOR, and finish the work by whatever method the CITY may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the project, such excess shall be paid to the CONTRACTOR. If such costs exceed unpaid balance, the CONTRACTOR will pay the difference to the CITY. Such costs incurred by the CITY will be determined by the CITY and incorporated in a Change Order.
c) Where the CONTRACTOR's services have been so terminated by the CITY, said termination shall not affect any right of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any payment of moneys by the CITY due the

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Packet Pg. 273 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 50 CONTRACTOR will not release the CONTRACTOR from compliance with the Contract Documents.
d) After ten (10) days from delivery of a written notice to the CONTRACTOR, the CITY may, without cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the Contract. In such case the CONTRACTOR shall be paid for all work executed and any expense sustained plus reasonable profit. e) If, through no act or fault of the CONTRACTOR, the work is suspended for a period of more than ninety (90) days by the CITY, or under an order of court or other public authority, or the CITY fails to act on any request for payment within sixty (60) days after it is submitted, or the CITY fails to pay the CONTRACTOR substantially the sum approved by the CITY or awarded by arbitrators within sixty (60) days after its approval and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a written notice to the CITY, terminate the contract and recover from the CITY payment for all work executed and all expenses sustained. In addition and in lieu of terminating the contract, if the CITY has failed without good cause to make any payment as aforesaid, the CONTRACTOR may, upon ten (10) days written notice to the CITY, stop the work until paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work.
f) If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the CITY to act within the time specified in the Contract Documents, or if no time is specified, within a reasonable time, an adjustment in the contract price or extension of the contract time, or both, shall be made by Change Order to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the CITY.

25. PAYMENT TO CONTRACTOR
a) At least ten (10) days before each progress payment falls due (but not more often than every thirty-one (31) calendar days), the CONTRACTOR will submit to the CITY a partial payment estimate filled out and signed by the CONTRACTOR covering the work performed during the period covered by the partial payment estimate and supported by completed reports and/or checklists. If payment is requested on the basis of materials not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, such as paid invoices, or other written evidence satisfactory to the CITY, as will establish the CITY's interest therein, including applicable insurance. The CITY within ten (10) days after receipt of each partial payment estimate, shall either indicate in writing approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR indicating in writing the reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY will, within thirty (30) days of presentation of an approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. b) All progress payments shall be accompanied with the CONTRACTOR’s invoice.

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Packet Pg. 274 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 51 c) The CONTRACTOR will indemnify and save the CITY or the CITY's officers, employees, or agents harmless from all claims growing out of the lawful demand of subcontractors, laborers, workmen, mechanics, and materialmen, and parts thereof, equipment, tools, and all supplies incurred in the furtherance of the performance of the work. The Contractor shall, at the CITY's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so, the CITY may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the CITY to either the CONTRACTOR, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the CITY shall be considered as a payment made under the Contract Documents by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.
d) The CITY may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the CITY from loss on account of:
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor.
d. A reasonable doubt that the work can be completed for the balance then unpaid. e. Performance of work in violation of the terms of the Contract Documents. e) Where work on lump sum or unit price items is substantially complete but lacks clean-up and/or corrections ordered by the CITY, amounts shall be deducted from lump sum items in partial payment estimates to amply cover such clean-up and corrections. f) On lump sum projects the CONTRACTOR shall present a comprehensive breakdown of the contract price as a basis for payment for review and approval by the CITY. The comprehensive breakdown shall be submitted to the CITY within ten (10) days of the issuance of the Notice to Proceed.

27. SEPARATE CONTRACTS
a) The CITY reserves the right to enter into other contracts in connection with this project.

The CONTRACTOR shall afford other CONTRACTOR's reasonable opportunity for the introduction their materials and the execution of their Work, and shall properly connect and coordinate the Work with theirs. If proper execution or results of any part of the CONTRACTOR's Work depends upon the Work of any other Contractor, the CONTRACTOR shall inspect and promptly report to the CITY any defects in such Work that renders it unsuitable for such proper execution and results.

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Packet Pg. 275 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 52 b) The CITY may perform additional Work related to the Project or the CITY may enter into other Contracts containing provisions similar to these. The CONTRACTOR shall afford the other Contractors who are parties to such Contracts (or the CITY, if the CITY is performing the additional Work) reasonable opportunity of the introduction and storage of materials and the execution of Work, and shall properly connect and coordinate the Work with theirs.
c) If the performance of additional Work by other Contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others involves an additional expense or entitles it to an extension of the Contract Time, the CONTRACTOR may make a claim thereof as provided in Section V Items 8.01, 8.02,

9.01, 9.02.

28. SUBCONTRACTING
a) The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors.
b) The CONTRACTOR shall not award Work to Subcontractor(s), in excess of twenty percent (15%) of the Contract price, without prior written approval of the CITY. c) The CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its Subcontractors, and persons either directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons directly employed by it. d) The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and give the CONTRACTOR the same power with regard to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provision of the Contract Documents.
e) Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the CITY.

29. GUARANTEE
The CONTRACTOR shall guarantee all new materials and equipment furnished and Work performed for a period of one (1) year from the date of installation and completion of any parts and repairs to the irrigation systems at each site. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of installation and completion of any parts and repairs to the irrigation systems at each site is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of the damage of other parts of the irrigation systems resulting from such defects.

The CITY shall give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other work that

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Packet Pg. 276 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 53 may be made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost thereby incurred.

30. DISPUTE RESOLUTION
Dispute resolution shall follow the provisions of Public Contract Code Section 9204, attached and incorporated herein.

31. FILING OF BID PROTESTS
By submitting a Bid, each Bidder hereby agrees and understands that the Bidder must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. With the express written Contract of the City and Bidder, and subject to the requirements of applicable law, this protest procedure can also be used to resolve issues surrounding the City’s determination of a Bidder as not responsible. The following terms as used in this Section shall have the following meanings:
“Protest” shall mean a written objection by an interested party or affected party to (i) the requirements or specifications contained in the Notice to Bidders or any portion of documents accompanying that notice; or (ii) a proposed award recommendation protest.

Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a bid and who believes that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the AGENCY of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. The Protest does not replace the requirement to report irregularities in the bid documents.
(1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protester; and b. The Project Name and Project Number; and
c. A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish merits of the protest; and d. The desired resolution of the protest.

If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor.

Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination

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Packet Pg. 277 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 54 No hearing will be held on the protest. The City’s Community Services Director or designee, will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, requires other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.

The Community Services Director or designee shall issue a final written decision regarding any solicitation protest to each Bidder prior to Bid opening. The written decision will cite any actions that will or will not be taken in response to the protest. That decision shall be final, and there shall be no further administrative recourse.

Protest of Award based on Responsiveness
(1) Contents and Requirements
Following the opening of the Bids any unsuccessful Bidder, may protest City’s proposed award of the Contract by submitting a protest to the Community Services Director or designee (“Community Services Director”) no later than close of business on the fifth business day following the date of the bid opening.

That protest must be submitted in a timely manner, signed by the protesting Bidder, and must contain all of the following to be considered:
d. The name, address, and telephone number of the protestor; and e. The Project Name and Project Number; and
f. The City action or recommendation that is being protested; g. A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and h. A clear statement of the relief request
A protest that does not comply with the requirements set forth herein will be returned to the protestor. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document. The protest must be provided by the protesting party to all bidders at the time such protest id filed with the City.

Award Protest Statements are public documents. City will notify the affected parties when a protest has been submitted.
(2) Evaluation and Determination
Any bidder may file statements in support of or in opposition to the protest within three (3) business days after the receipt of the protest from the City. The Community Services Director, or designee, shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all affected parties.

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Packet Pg. 278 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 55 Unless otherwise required by law, no hearing shall be provided. In the event a hearing is conducted, the Community Services Director or designee, shall issue written notice to the protestor and affected parties identifying the date and time for the hearing, along with rules concerning the hearing.

Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:

1. The items or services being procured are urgently required;

2. Delivery or performance will be unduly delayed by failure to make award promptly; or

3. Failure to make prompt award will otherwise cause undue harm to the City.

No Limitations on Remedies
Nothing contained herein shall be construed to act as a limitation of the City’s choice of remedies or confer any right upon any interested party or affected party to a remedy.

Basis for Choice Remedy
In determining the appropriate remedy, the City shall consider all of the circumstances surrounding the notice of bids and/or award, including, but not limited to:

1. The seriousness of any deficiency found to exist in the contracting process;

2. The effect of the action on the competitive process;

3. Any urgency surrounding the requirement to enter into a contract; and

4. The effect that implementing the remedy will have on the AGENCY.

Remedies
If the City determines that the award or proposed award was not made in accordance with applicable statues, regulations, policies and/or procedures, the City, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:

1. Prior to award, City may issue a new solicitation, make a new selection/award recommendation, or award the contract consistent with applicable statutes, regulations, policies and procedures;

2. Take no further action;

3. Pursuant to the requirements of state law, in the event of a protest based upon nonresponsibility, hold a hearing on that issue; or

4. Take any other action that is permitted by law to promote compliance.

32. CONFLICT OF INTEREST
No official of the CITY who is authorized in such capacity and on behalf of the CITY to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any work or material supply contract or any subcontract in connection with construction of the project, shall become directly or indirectly involved personally in this

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Packet Pg. 279 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 56 contract or in any part thereof. No officer, employee, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY who is in any legislative, executive, supervisory or other similar functions in connection with the construction of the project shall become directly or indirectly involved personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project.

33. AFFIRMATIVE ACTION
Each Contractor shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, creed, national origin, sex, marital status, or age and which specifies goals and target dates to assure compliance with this requirement by contractors and to assure that suspected or reported violations are promptly investigate.

34. MOBILIZATION
A. Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies, fuel and incidentals to the Project site for all other work and operations that must be performed or costs incurred before beginning work on the various Contract items on the Project site.

B. Mobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:

1. Obtaining all permits, licenses, and insurances. Providing copies to the CITY;

2. Transportation to and from the Jobsites of all the CONTRACTOR’S material and equipment as required;

3. Providing restroom facilities for construction personnel;

4. Providing for potable water facilities as specified. This includes a means by which all on site CONTRACTOR, Subcontractor or supplier personnel can wash their hands with soap. It also includes providing potable drinking water to the construction personnel at the project sites;

5. Submitting all required Subcontractor insurance certificates;

6. Posting all CAL/OSHA required notices and establishment of safety programs;

7. Having the CONTRACTOR’s representative at the Project sites during work activity full time;

8. Furnishing of Monthly Checklists, and/or Reports;

9. Paying other miscellaneous fees
All costs incurred for the mobilization and the associated work shall be included in the Bid cost and no additional compensation shall be provided therefore.

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Packet Pg. 280 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 57 END OF GENERAL CONDITIONS

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Packet Pg. 281 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 58 SPECIAL PROVISIONS
The following list of Special Provisions are a part of the contract, and as such are enforceable under the terms and conditions set forth in the contract documents.

1. PLANT LOSS
It is one of the CONTRACTOR's prime responsibilities to prevent loss of plants caused by pests, diseases, insects, soil conditions, nutrient, micro-climatic conditions, improper planting, or problems in irrigation. CONTRACTOR agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. A preliminary written report shall be submitted for major corrective problems not covered in the Contract along with the costs.

CONTRACTOR agrees to replace, at the CONTRACTOR's cost, any dead, stunted, or damaged that are the result primarily of the CONTRACTOR's negligence including, but not limited to, irrigation malfunctions that are not addressed within a reasonable amount of time based on environmental conditions. Plants lost from CONTRACTOR's negligence shall be replaced, at the CONTRACTOR's expense, within thirty (30) days of discovery. Replacement plants shall be comparable in size to the lost plant up to a maximum size of a thirty-six (36) inch box, or if smaller, the size shall be approved by the CITY.

The CONTRACTOR shall not be held responsible for plant losses due to maladies beyond the CONTRACTOR's control; this includes, but is not limited to, disease or insect attack for which there is no legal recommended control, acts of vandalism, earthquakes, fires, storms, freezing/frost, and related events. CONTRACTOR shall report all such conditions to the CITY in writing within seventy-two (72) hours of occurrence, and submit a proposal for the work or repairs along with the costs. The CONTRACTOR shall obtain CITY's written permission/direction or authorization prior to proceeding with the work. Failure to notify the CITY within seventy-two (72) hours of occurrence will result in replacement at the CONTRACTOR's cost as if the cause was CONTRACTOR negligence.

The CITY shall approve all replacement plants that differ in species. However, it is agreed that replacing plants shall not be used by the CONTRACTOR as a substitute for proper care. The CITY will consider CONTRACTOR negligence a major breach of contract with full responsibility for costs and losses.

Dead plants and those in a state of decline shall be brought to the CITY's attention immediately and before removal. The CITY shall pay labor and material for plant replacement not caused by CONTRACTOR negligence, as deemed by the CITY, on an actual time and material basis.

All new plant material and irrigation installations or repairs shall be guaranteed for a period of ninety (90) days for unhealthy plant installation and/or poor workmanship.

Exceptions include damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the CONTRACTOR has no control. Existing plants shall be replaced by CONTRACTOR if they die due to CONTRACTOR's negligence. All

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Packet Pg. 282 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 59 replacement plants and materials shall be inspected and approved by CITY prior to installation.

At the end or termination of the Contract, the CITY reserves the sole right to withhold final payment(s) in the amount necessary to replace any damaged or dying plant material that is a result of CONTRACTOR negligence or to restore any site which is in a condition that is worse than when the Contract was executed.

2. FERTILIZATION
The CONTRACTOR will be responsible for performing all fertilizations of turf and landscape and shall be included in the base bid. The fertilization schedule shall be coordinated with the CITY during the first month of the contract period.

All turf areas (excluding no-mow) shall receive fertilizer applications four times per year. Approximate dates of these are April 1, June 1, September 1, and November 1.

Turf is to be maintained in good condition with horticultural acceptable growth and color, and additional fertilization may be required as extra work. Variations to these dates may be required under individual circumstances. All fertilizer shall be approved by the CITY prior to application.

All shrub, groundcover and no-mow turf areas shall receive fertilizer applications two times per year. Approximate dates of these are March 1 and September 1. Intent is to maintain plants in good condition with horticultural acceptable growth and color.

Variations to these dates may be required under individual circumstances. All fertilizer shall be approved by the CITY prior to application.

3. TURF MOWING
a. All grass shall be bagged and removed from March to October unless there is winter overseeding (rye) whereas the bagging will continue year around. Alternate mowing direction where feasible every mowing. Maintain a uniform lawn height free from scalping.
b. All turf will be mowed with professional quality mulching mower equipment. Pricing assumes that bagging and removing clippings will be required only when excessive leaf debris is present, turf is too long to mulch, or when moisture conditions are too high to allow effective mulching without substantial clumping of turf debris. c. Prior to each mowing, remove all litter and debris from lawn areas. Formal turf areas shall be mowed per the schedule below and maintained at a height no less than one (1”) inch and no more than two (2”) inches for all warm season grasses, and one and one-half (1.5”) to three (3”) inches for all cool season grasses. One-third (1/3) of grass height shall be taken off with each mowing. The CONTRACTOR recognizes that any more than one-third (1/3) of height removed may potentially cause damage and give a scalped appearance that is not desired by the CITY.
d. The CITY and the CONTRACTOR will evaluate and determine any areas that require bagging and removal of clippings on a regular year-around basis. e. CONTRACTOR is responsible for any damage incurred as a result of mower damage to trees and shrubs and must repair or replace any such damage at no cost to the CITY.

Properly maintained tree wells are encouraged to minimize such damage. f. The CONTRACTOR shall at his own expense repair and or replace with forty-eight (48) hours any sprinkler, valve, piping, or park fixture including but not limited to

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Packet Pg. 283 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 60 picnic tables, playground equipment, cement curbing, wooden curbing, any trees, and or other plant material that is damaged as result of the CONTRACTOR carrying out the WORK as described in the contract. Said repairs and or replacements shall be performed under the supervision of the CITY’s authorized representative. In addition, all materials used shall of equal or superior quality as determined by the CITY’s representative.
g. Clippings will be swept or blown from hardscapes after each mowing. Sweeping is encouraged when feasible.

4. TURF MOWING SCHEDULE
It is hereby agreed upon between the CITY and the CONTRACTOR that the CITY will, when it determines necessary, call for the halting of all mowing, sweeping, and trimming of specific parks and or facilities as needed. The purpose of this provision is to accommodate periods or seasons of the year that do not require mowing or maintenance of said facilities.

Turf Mowing Schedule
Month Number of Cuts
January One mowing
February One mowing
March Two mowings
April Weekly
May Weekly
June Weekly
July Weekly
August Weekly
September Weekly
October Two mowings
November Two mowings
December One mowing

4.1 The CONTRACTOR shall provide the CITY with a schedule listing all times, and days that mowing will occur, and shall submit to the CITY any requests for change in said schedule, all changes are subject to approval by the Director Community Services or its authorized representative. In no case shall the mowing of any park or facility begin before 6:00 a.m. The CONTRACTOR must adjust hours to compensate for weather changes, i.e.: rain, excessive humidity, moisture, etc.

CONTRACTOR shall not mow when turf is wet. Any tracking of turf due to CONTRACTOR mowing when turf is wet shall be repaired pursuant to CITY requirements at the CONTRACTOR’S expense.

4.2 In consideration of the use of the facilities listed in the contract documents, the CONTRACTOR agrees that there will be no mowing and or other maintenance relating to the performance of the contract on Saturday or Sunday. The Director of Community Services and/or the authorized representative may grant exemptions as it may be deemed appropriate. All exemption shall be given only in writing and only upon the written request of the CONTRACTOR.

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Packet Pg. 284 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 61 5. TURF EDGING AND TRIMMING (WEEKLY)
a. Mechanically trim all landscape turf edges once a month. Edges include all formal lawn perimeters and tree wells in lawn areas. In April, June, and August, redefine all formal lawn edges with a mechanical blade-type edger or hand spade. Clean debris from hardscapes and non-turf landscape areas. Remove larger debris. b. Trim all formal lawn areas that cannot be reached by a mower after each mowing. Areas to be trimmed include any lawn adjacent to poles, signs, bollards, trees, walls and all other obstacles. Perform trimming to the same height as mowing. Clean debris from hardscapes and non-turf landscape areas, remove larger debris. c. CONTRACTOR shall trim sprinkler heads and valves boxes weekly to prevent overgrowth.
d. CONTRACTOR shall trim around all guardrails every other mowing. e. CONTRACTOR is responsible for any damage incurred as a result of trimmer or edger damage to trees and shrubs and must repair or replace any such damage at no cost to the CITY. Properly maintained tree wells are encouraged to minimize such damage.

6. ACCESS LIMITATIONS
No vehicles will be allowed to enter into the park or athletic field areas where there is not a paved access and or road upon which to travel, unless express written permission has been given by the CITY.

7. TURF AERATION
The CONTRACTOR shall perform core aerations of turf (no mow areas excluded) as part of the bid. Two (2) aerifications are required in all turf areas each year. Aeration plugs shall be properly destroyed so as to not pose a safety issue or interfere with the use of parks and facilities. The aeration schedule shall be coordinated with the CITY during the first month of the contract period. Additional turf aerations may be proposed, as "extra work" by the CONTRACTOR, in order to meet the designated standard. All proposals, and costs, must be approved by the CITY prior to additional turf aerations occurring.

8. IRRIGATION.

CONTRACTOR shall monitor the watering of all the turf areas on a regular basis, notifying the CITY of any under/over watered areas, suggesting the appropriate frequency and amount of watering and reporting any problems noted, so that the beauty of such areas are maintained at all times.

Irrigation system repair shall occur and be compensated as stated below:

A. Irrigation system repair will be the responsibility of the CONTRACTOR. All replacement materials are to be with new original types and models, unless a substitute is approved by the CITY. The CONTRACTOR shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranties.

B. Maintenance, repair, and replacement of malfunctioning sprinkler heads and quick couplers, including risers, swing joints, shall be included in the CONTRACTOR's base bid. The CONTRACTOR shall provide labor for the above items at no extra charge and

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Packet Pg. 285 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 62 shall bill the CITY for the required parts with a maximum mark up of 10% over cost, unless the CITY provides materials.

C. Maintenance and repair of valves, filters, valve boxes, batteries and wiring shall be covered in the CONTRACTOR's base bid. The CONTRACTOR shall provide labor for the above items at no extra charge and shall bill the CITY for the required parts with the agreed upon mark up over cost.

D. Replacement of valves, filters, valve boxes, and wiring shall be considered "extra work" in their entirety. Decisions regarding repair verses replacement will be made by the CONTRACTOR and the CITY jointly. In the event that there is a disagreement with regards to how to proceed, the CITY's choice will prevail.

E. Repair and replacement of lateral lines, main lines, check valves, and controllers shall be considered "extra work” in their entirety.

F. Repairs and replacements of any irrigation component or property damaged by the CONTRACTOR or as a result of negligence, error, or omission by the CONTRACTOR shall not be submitted to the CITY for payment and are the responsibility of the CONTRACTOR.

G. Repair and replacement of any irrigation components or property that is a result of vandalism, or unintentional damage, caused by the public shall be considered "extra work" in its entirety. All vandalized components must be reported to the CITY immediately and prior to the repair or replacement in order for the CONTRACTOR to be compensated for the repair or replacement. If the vandalized components are not presented within one working day, the CONTRACTOR will be paid based on the above stated criteria for repair and replacement.

H. When the CONTRACTOR observes or is notified of water waste due to excessive overspray, overwatering for irrigation system malfunction, he/she shall respond within 24 hours. Repairs/adjustments shall be completed promptly to prevent damage to the landscape. All such incidents shall be reported to the CITY immediately.

9. TREE WORK
A. All tree trimming shall comply with good arboreal practice for the particular species of trees being trimmed. The CONTRACTOR shall be consistent with the pruning standards as adopted by the International Society of Arboriculture (ISA) guidelines; American National Standards Institute (ANSI) standards, including, but not limited to ANSI 300 (most current revision) and ANSI Z133 (most current revision). The CONTRACTOR shall also meet the requirements of the American National Standards, ANSI-Z133.1-2008 entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the Tree Care Industry Association, Inc. at 136 Harvey Road – Suite B101- 110, Londonderry, NH 03035.

B. The Parks Supervisor shall determine if the CONTRACTOR has met all trimming requirements and payment shall not be made for trimming that is not in accordance with the above standards. The CONTRACTOR shall be deemed in agreement default, if they consistently fail to comply with the aforementioned standards.

C. Standards

1. Prior to beginning the work, the CONTRACTOR shall review with the Parks Maintenance Supervisor the various methods, tools, and work scheduling to be

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Packet Pg. 286 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 63 used on the project. Unless otherwise indicated, tree trimming shall include, but not be limited to, accepted pruning activities.

2. Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the CONTRACTOR during the course of trimming shall be reported to the Parks Maintenance Supervisor for determination of the appropriate course of action.

3. The use of “lopping shears” shall be specifically approved by the Parks Maintenance Supervisor.

4. Daily tree trimming operations shall commence no earlier than 6:00 AM and shall be completed each day no later than 5:00 PM, unless for emergency services.

5. Limbs one inch (1”) in diameter or greater shall be precut to prevent splitting.

When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the crotch. The undercut should be at least one-third (1/3) of the diameter. Make the second cut one-inch (1”) to three inches (3”) further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 ½”) or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the CONTRACTOR's expense and to the satisfaction of the Parks Maintenance Supervisor. All debris resulting from tree trimming operations shall be removed from the work site on a daily basis.

6. Removal of all vines entwined in the tree or around its trunk, and the removal of sucker growth on tree trunks is required on all trees.

D. Tool Sanitation
On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.

E. General Trimming and Shaping of Broadleaf Trees.

Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the Parks Maintenance Supervisor and in accordance with the following:

1. Cuts to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least twenty-five percent (25%) but no more than fifty percent (50%).

2. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.

3. Heading cuts and/or topping will not be allowed under any circumstances.

Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.

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Packet Pg. 287 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 64 F. General Trimming and Shaping of City Trees:

1. The objective is to control canopy size and basic structure while maintaining an aesthetically pleasing appearance.

2. City trees shall be pruned on an annual cycle. The objective is to prune the trees in a manner that will provide clearance for sidewalks and homes while maintaining the natural shape and beauty of individual street trees.

CONTRACTOR shall be required to meet the schedule requirements as outlined in the Professional Services Agreement requirements.

G. Trimming for Traffic Clearances.

Tree trimming for traffic clearances shall provide clearances up to fifteen (15’) above finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the Parks Maintenance Supervisor and conform to the following:

1. The maximum clearance under trees within the street right-of-way shall be up to fifteen (15’) feet over the traveled road, and ten feet (10’) over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.

2. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.

3. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.

H. Trimming Palm Trees.

Palm tree trimming shall occur two times per year between July 15 and March 30 and consist of the removal of all dead fronds, dead frond sheaths, fruit clusters and other vegetation from the trunks of all palms listed in the Agreement Project Requirements in a manner selected by the CONTRACTOR and approved by the Parks Maintenance Supervisor, and in accordance with the following:

1. Dead fronds, and parts thereof, including stubs, shall be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six inches (24” – 36”) from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) shall be left in place within a span of at least eighteen inches (18”) but no greater than thirty-six inches (36”).

2. Only the full, green, undamaged fronds shall remain at the crown of the tree. The CONTRACTOR shall be required to remove and dispose of any fallen or hanging fronds for a period of thirty (30) days after completion of said service.

3. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the Parks Maintenance Supervisor.

The CONTRACTOR shall be required to use an aerial tower with a height reach of one hundred feet (100’) for the purpose of trimming City Palm trees.

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Packet Pg. 288 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 65 4. Trachycarpus fortunei, Chamaerops humilis, and Phoenix roebeleni species as well as other palm trees having a trunk height not more than eight (8) feet above the ground shall be trimmed but not slicked.

I. Tree Care for Trees 15 Feet and Above
The CONTRACTOR shall be required to perform basic maintenance for all trees that will include, but not be limited to, tree well adjustments and watering, removal of weeds from tree wells, and pruning of trees up to fifteen (15) feet.

J. Utility Line Clearance
During the course of this Maintenance Services Agreement, the CONTRACTOR may be required to perform utility line clearance in conjunction with routine or non-routine trimming activities. The CONTRACTOR shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the Maintenance Services Agreement with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The competency of CONTRACTOR's personnel shall be maintained through regular training. All persons performing tree work on City trees in or around primary electrical lines shall be trained to do so in accordance the “Electrical Safety Orders” of the State of California.

K. Tree Removals

1. During the course of trimming activities for a specified street, CONTRACTOR shall notify the Parks Maintenance Supervisor of any trees which may be dead, hazardous, or in need of removal for any reason. The Parks Maintenance Supervisor shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession.

2. All wood from removed trees is the property of the City and shall be disposed of at the direction of the Parks Maintenance Supervisor. No wood shall be left along public right-of-way unless approved by the Parks Maintenance Supervisor. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.

3. CONTRACTOR shall be required to call Underground Alert at least two (2) days before stumps are to be ground out. All tree stumps must be removed to at least eighteen (18) inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The CONTRACTOR shall grind the stump a minimum distance of one and one half (1½’) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.

4. Stumps should be cut low enough to the ground where routing can be done safely.

This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal. All stumps are to be ground within forty-eight (48) hours of tree removal. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2) inches above normal ground level unless a new tree is to be planted in the same location and clean fill dirt will be required as a backfill. All excess routing chips debris will be removed

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Packet Pg. 289 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 66 and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.

L. Pest Control
The City may periodically require the CONTRACTOR to treat for insects or disease.

Treatment will be done only when specifically requested by the Parks Maintenance Supervisor and shall be made in the form of soil injections. CONTRACTOR shall be required to provide the CITY with a written recommendation provided by a State Licensed Pest Control Advisor.

M. Crew Rental Services
CONTRACTOR shall provide a minimum standard crew of three (3) persons, one (1) chipper truck, one (1) chipper, one (1) aerial tower truck and all necessary saws and hand tools. Crew complement should also be capable of modification in order to perform miscellaneous tree care tasks.

N. Emergency Response Service

1. The CONTRACTOR shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The CONTRACTOR will be provided with locations and the work to be done at each location via telephone or email from a CITY authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.

2. CONTRACTOR shall be required to provide twenty-four (24) hour emergency phone numbers and the names of at least five (5) individuals upon award of Professional Services Agreement. Should the contact persons or their phone numbers change during the course of the Professional Services Agreement, those changes shall be submitted to the CITY within two (2) working days.

3. CONTRACTOR shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the CONTRACTOR shall be required to notify the responsible utility company.

4. Work performed under the emergency provision of this Professional Services Agreement shall be paid for on a “crew hour” basis. This shall include all labor, tools equipment, disposal fees and necessary materials.

O. Traffic Control

1. CONTRACTOR shall be required to supply the necessary equipment to provide adequate traffic control measures during tree trimming operations. This shall include but not be limited to high visibility arrow boards where appropriate. The CONTRACTOR must abide by the most current edition of the Work Area Traffic Control Handbook, or W.A.T.C.H. manual, for traffic control. The CITY, prior to use, must approve all traffic control measures.

2. Tree trimming operations may be conducted on one side of the street at a time and at no time may streets be closed unless authorized, in advance, by the Parks Maintenance Supervisor or his designee. During all tree trimming operations adequate provisions shall be made by the CONTRACTOR to accommodate normal traffic flow over public streets. Means of ingress and egress shall be provided for occupants of adjacent property with convenient access to driveways,

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Packet Pg. 290 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 67 buildings, businesses or private residences. Pedestrian traffic shall be accommodated on adjacent sidewalks.

3. CONTRACTOR shall be required to provide and maintain barriers, guards, and lights whenever and wherever necessary in order to effectively protect the public from the dangers associated with the tree trimming operations. CONTRACTOR shall be required to post proper notices and signals for the public regarding detours and the conditions of work currently in progress.

P. Public Noticing of Tree Trimming Operations

1. CONTRACTOR shall be required to notify residents and/or businesses of scheduled tree trimming operations at least seven (7) calendar days prior to the work being performed, if necessary. Notifications shall be made in the form of door hangers, or letters mailed through the US Postal system.

2. CITY approved “No Parking” signs shall be posted on individual trees scheduled for trimming twenty-four (24) hours prior to the work being performed, if necessary. Signs shall be taped or tied and not nailed or stapled to the trees.

Q. Disposal of Debris
All brush generated from tree trimming operations shall be recycled where practical.

R. Green Waste Report
Green waste that is transported to an offsite facility for grinding into mulch shall be documented and submitted to the Parks Maintenance Supervisor on a monthly basis.

Weight slips shall be required as proof of disposal and shall be included in the monthly Green Waste Report.

S. Wood Chips
Chips generated from trimming operations within the City of El Centro may be dumped and spread at a CITY designated site or dumped at a green waste facility at the direction of the CITY Staff.

At the direction of the Parks Maintenance Supervisor, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped and spread in specified locations in the city or dumped at a green waste facility at the direction of CITY Staff.

T. Milling
At the direction of the Parks Maintenance Supervisor, large tree trunks, which meet proper specifications, will be required to be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the proposal.

U. Invoice
CONTRACTOR shall be required to submit invoices on a monthly basis. Invoice format shall include but not be limited to: a list of each street where trimming operations took place; the address of each individual tree trimmed; the species and its current condition; and the height, trunk diameter, and canopy spread of each individual tree that was trimmed. Each invoice shall include an exact copy in electronic format that is compatible with the City’s Tree Inventory program. Failure to submit invoices in this format may result in non-payment until these requirements are met.

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Packet Pg. 291 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 68 V. Inspections

1. The Parks Maintenance Supervisor shall be furnished with every reasonable facility for ascertaining full knowledge of the tree maintenance operations involving the workmanship, character of materials and equipment used and employed in the work.

2. Each month, if necessary, the CONTRACTOR shall be required to submit a complete working schedule of all tree maintenance operations including but not limited to trimming, planting, removals, stump grinding and watering.

3. Inspection of the work shall not relieve the CONTRACTOR of any obligations to complete the work as outlined in this document. Defective work shall be made good even if the defective work was not pointed out during the initial inspection and the work was accepted for payment.

4. Any work found to be unacceptable will be noted in writing. Upon receipt of notice these deficiencies; the CONTRACTOR shall make a reasonable good faith effort to correct the deficiencies within ten (10) calendar days. If unacceptable conditions are not corrected within this time period the CITY shall have the right to deduct payment or terminate the Professional Services Agreement.

W. Withholding Payment
The CITY may withhold payment to such extent as may be necessary to protect the CITY from loss due to one or more of the following reasons:

1. Defective or inadequate work not corrected.

2. Claims filed or reasonable evidence indicating probable filing of claims.

3. Failure of the CONTRACTOR to make proper payments to subcontractors or for materials or labor.

4. A reasonable doubt that the Maintenance Services Agreement can be completed for the balance unpaid.

X. Minor Modifications and/or Additional Work

1. The CITY may modify these specifications with the joint approval of the CONTRACTOR and the CITY. All modifications shall be in writing.

2. In the event that the CITY should require additional work beyond the requirements of these specifications, the CONTRACTOR shall perform all work at a competitive price as listed.

3. Additional work may be added to the Maintenance Services Agreement work as the need arises. The CONTRACTOR shall perform all specified and approved additional work at the unit prices submitted with this proposal.

4. The CONTRACTOR must be willing to provide a competitive price for additional work that may be added to the Maintenance Services Agreement.

CONTRACTOR will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.

5. The CONTRACTOR must have the ability to receive and respond to emergency situations and must respond to emergency call outs within two (2) hours of receipt of the call.

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Packet Pg. 292 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 69 10. BARK, MULCH, DECOMPOSED GRANITE
The CONTRACTOR will be responsible for notifying the CITY when areas are in need of new bark, mulch or decomposed granite. Racking of bark, mulch, or decomposed granite and litter removal at these areas shall occur as needed but at least on a monthly basis and shall be included in the bid. The CITY reserves the right to have the bark installed in any manner that it sees fit and by whomever it sees fit. In the event that the CITY requests that new bark mulch be added by the CONTRACTOR, it will be considered "extra work” in its entirety.

11. SHRUBS AND GROUND COVER
Trimming all shrubs shall be pruned as needed to meet the intent of the landscape design and have a neat appearance. Ground covers shall be edged as needed to keep plant growth from extending beyond curbs, onto sidewalks, buildings, and turf areas. Ground cover in medians shall not be allowed to extend beyond the curb or sidewalk. Pruning shall occur three (3) times per year or as plant material growth dictates to meet standard.

All hedge and shrub heights along fences and walls will be maintained at the height of the fence line or at an approved height.

12. CONTACT INFORMATION
The CONTRACTOR provide a telephone number to the CITY that is accessible twenty-four (24) hours per day so that complaints and or requests can be addressed within twenty-four (24) hours of notification. It is further agreed that CONTRACTOR be available to resolve complaints and or request for service in a period of no longer than twenty-four (24) hours.

13. CONSULTATION
The CONTRACTOR shall provide complete professional consultation on landscape at all times, which includes weekly inspection by the CONTRACTOR and periodic reporting to CITY regarding landscape problems and proposed solutions and which may include landscape agronomist and arborist consultation and referrals or recommendations to landscape architectural consultants, as needed.

14. COMMUNICATION
The CONTRACTOR shall provide regular communications, whether verbal or written, and work as close as possible with the Parks Supervisor, Director of Community Services or other persons designated by the City Manager, keeping in mind the goals and objectives set forth by the CITY.

15. ADDITIONAL SERVICES
The CONTRACTOR shall make cost effective recommendations that are based on existing conditions and that are in the interest of the CITY without any extended cost to be incurred.

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Packet Pg. 293 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 70 16. SAMPLE INSPECTION FORM

LANDSCAPE INSPECTION RATING FORM
SITE:________________________
Category
Meets
Standards
Y/N
Notes
Turf maintenance
Irrigation maintenance
Shrubs, groundcover, mulch areas
Tree maintenance
NOTE: If any category does not meet City Standards, monthly payment for the specific site(s) will be withheld until the site is back in conformance.

17. SITE MAPS. Each proposed area requires different services, covers different size areas, contain varying numbers of plants and trees, and consists of different irrigation devices and systems. The following is a general description of each area.

1. LEGACY LANDSCAPING DISTRICT
Acreage: ~ Acres
Location/Address:

See attached aerial map
Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY.  During periods of turf dormancy, provided additional tree and shrub pruning and associated work. Aeration to turf areas as needed minimum two times per year. Do not weed eat base of tree without trunk protectors. Manual removal needed. Keep site clear of plant weeds and foreign material.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

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Packet Pg. 294 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 71 Additive Bid Items:
 Re-seeding 2 times per year (Bermuda and Rye grass) and compost.

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Packet Pg. 295 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 72 2. BUENA VISTA LANDSCAPE DISTRICT
Acreage: ~ Acres
Location/Address:

See attached aerial map
Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY.  During periods of turf dormancy, provided additional tree and shrub pruning and associated work. Aeration to turf areas as needed minimum two times per year. Do not weed eat base of tree without trunk protectors. Manual removal needed. Keep site clear of plant weeds and foreign material.
 Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.


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Packet Pg. 296 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 73 7.a
Packet Pg. 297 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 74 3. TOWN CENTER LANDSCAPE DISTRICT
Acreage: ~ Acres
Location/Address:

See attached aerial map
Scope of Work:
 Landscaping, weeding, mowing, trimming, and edging of lawn areas, trimming and pruning of plants and trees once per week.
 Irrigation to be maintained in proper watering conditions at all times. Irrigation lines and bubbler heads are to be maintained and replaced by the CONTRACTOR as needed.  Sprinkler heads shall be kept clear through weed eating or manual cleaning. Inspection of turf area for pests and diseases.
 Keep all walkways and pavement areas including streets, clean and clear of any grass clippings or debris that may be generated from said mowing. All debris, grass clippings and trash shall be disposed of in dumpsters on site provided by the CITY.  During periods of turf dormancy, provided additional tree and shrub pruning and associated work. Do not weed eat base of tree without trunk protectors. Manual removal needed. Keep site clear of plant weeds and foreign material.  Additionally, any and all plants that dies or is damaged due to CONTRACTOR’s negligence shall be replaced at the CONTRACTOR’s expense, equal in plant size.

Replacement shall be made within fifteen (15) days from the date the defective plant is brought to the attention of the CONTRACTOR.

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Packet Pg. 298 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping 75 END OF SPECIAL PROVISIONS-

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Packet Pg. 299 Attachment: General Lighting and Landscaping Districts Contract Final 2024 (6471 : Approve Bid Documents for the General Landscaping City Council of the City of El Centro Meeting: 08/20/24 06:00 PM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Agreement
Prepared By: Rebecca Corfman
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6490) DOC ID: 6490
Aquatic Center Monthly Service Vendor Agreement with
Knorr Systems Int'l, LLC.

CITY MANAGER’S RECOMMENDATION:

Approval of the 2024 - 2025 Monthly Scheduled Maintenance Agreement between Knorr Systems Int'l, LLC and the City of El Centro.

FISCAL IMPACT:

There is no additional fiscal impact as $65,000 has already been allocated in the Aquatic Center's Annual Operating Budget for FY25 in Professional Fees/Other.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4: Recreation and Lifelong Learning
Action 4.5: Improve parks, recreational amenities, open space, and trail development, and fulfill critical lifecycle and facility maintenance needs.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

City staff has verified that Knorr Systems Int'l holds a valid business license and meets all necessary requirements.

BACKGROUND:

Knorr Systems Int'l has been a contracted service provider for the Aquatic Center since 2019. They are the sole vendor that offers comprehensive monthly maintenance services in Imperial County, ensuring the optimal functioning of swimming pool equipment and commercial pool pump systems.

DISCUSSION:

This presentation marks the first introduction of the 2024-2025 Monthly Scheduled Maintenance Agreement between the City of El Centro and Knorr Systems to the Council. The agreement totals $61,245.41, which exceeds the purchasing authority of the City Manager due to rising service costs. The increased cost is attributed to higher prices for parts and the addition of a second onsite service technician, which has also raised labor costs. However, the Aquatic Center has budgeted the necessary funds to cover these expenses.

CONCLUSION:

Staff recommends approval of the 2024-2025 Monthly Scheduled Maintenance Agreement with Knorr Systems Int'l, LLC. This agreement pertains to the ongoing maintenance services provided at the El Centro Aquatic Center.

ATTACHMENTS:
• 2024-2025 City of El Centro (Aquatic Center) Monthly Scheduled Maintenance Agreement (PDF) • Knorr Systems Vendor Agreement 2024 - KSI Signed (PDF) 8 Packet Pg. 300

TREATMENT PACKAGE
Jane Allison
2024-2025 Monthly Scheduled Maintenance Agreement
WQA:

Consultant: John Tosco
City Of El Centro
Fax:

Date: 04/15/24
Package #266123
Order Description
Thank you for your continued trust in Knorr Systems for your swimming pool equipment maintenance. Below is our *DIR compliant proposal for scheduled maintenance at City of El Centro Aquatic Center. Our services are designed to assist your facility maintain system operations and proper water chemistry. Preventing aggressive water, which can deteriorate equipment, will help preserve equipment warranties and life expectancy. � ATTN:

Order Items
Quantity
City Of El Centro
Rebecca W Corfman
1275 Main Street
El Centro, CA 92243
SITE:

El Centro Aquatic Center
Christian Campos
540 Park Ave
El Centro, CA 92243-5308
Phone: Fax:

Description Code
Monthly Preventative Maintenance Package SMA Monthly 1
(4) BECSys7 Controller
Services provided at every visit:
• Test operation of the safety flow switch
• Clean pH and ORP sensors
• One-point controller calibration as needed
• Complete chemical evaluation to confirm proper water balance utilizing both Saturation Index and Ryznar Index • Provide recommendations to make chemical corrections
BECS Chemical Controller SMA SC PW 02 48
Service Travel SVC T 12
(2) SD43-88P-KSI LMI Pumps (Chlorine)
Services provided at every visit:
• Remove and clean injector to remove any calcification or buildup • Fine-tune chemical output to maintain chemical balance • Inspect suction and discharge tubing for wear
• Monitor and log chemical storage tank level
LMI Injectors SMA SC PW 06 24
(2) 45M5 Stenner Pumps (Chlorine)
Services provided at every visit:
• Remove and clean chlorine injector to remove any calcification or buildup • Inspect suction and discharge tubing for wear
• Fine-tune chemical output to maintain chemical balance • Monitor and log chemical storage tank level
Stenner Injector Cleaning SMA SC PW 17 24