City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00760 6/27/2023 Consent Item 21.
Contract: Specialty Weed Control in City Parks
File ID: 2023-00760
Location: Citywide
Recommendation: Pass a Motion: 1) awarding a contract to California Landscape Associates Inc. for herbicide application services in an amount not to exceed $255,216 for the first year; 2) authorizing the City Manager or the City Manager’s designee to extend the contract for up to two additional years for a total amount not to exceed $788,848 for the potential three-year period; and 3) authorizing the City Manager or the City Manager’s designee to execute the contract and extensions provided that sufficient funds are available in the budget adopted for the applicable fiscal year.
Contact: Shawn C. Aylesworth, Park Maintenance Manager, (916) 808-4070, [email protected], Youth, Parks, and Community Enrichment Department Presenter: None
Attachments:
1-Description/Analysis
2-Contract - Specialty Weed Control in City Parks - PRC002269 Additional Description/Analysis
Issue Detail: This request is necessary to provide specialized weed control within 64 city owned parks. The scope of the contracted work includes semi-annual weed reduction efforts to 12,854 tree wells, multiple pathways, ballfields, bullpens, decomposed granite transitions, dog parks, shrub beds, cracks and expansion joints all contained within the targeted 64 parks. The scope of work also includes preventive efforts to control undesirable weeds within the turfed areas of the same selected parks. Total application acreage is 136.01. Each of the 64 parks targeted for weed control has been identified as a park with very high noxious weed reproduction pressure.
Contracted specialty weed control has been an ongoing practice within YPCE’s Park Maintenance Division. The Division currently has two staff trained and certified weed control applicators for high impact areas and areas experiencing exceptionally high noxious weed reproduction pressure.
Previously executed contracts for specialty weed control have not been used to reduce or prevent the intended hiring of any city staff that might otherwise be tasked to perform the scope of work described above.
File ID: 2023-00760 6/27/2023 Consent Item 21.
Policy Considerations: The recommendations in this report are in accordance with the provisions of the City Code Chapter 3.56 related to the purchase of services and supplies.
Economic Impacts: Not applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): The herbicide application in City parks is exempt from environmental review under CEQA Guidelines section 15301(h), maintenance of existing landscaping.
Sustainability: The City’s Park Maintenance Division employs an Integrated Pest Management (IPM) approach in the maintenance of parks. IPM emphasizes healthy vegetation growth, using approved herbicides with the least possible disruption to ecosystems. The application of aquatic safe herbicides is required for spraying within 50 feet of any waterway and along cracks in gutters.
Commission/Committee Action: None.
Rationale for Recommendation: The Youth, Parks, and Community Enrichment Department (YPCE), in accordance with City Code Section 3.56, issued Invitation for Bid No. B23191311006 on April 27, 2023, for herbicide application to control weeds in shrub beds, tree wells, and cracks and expansion joints in concrete areas in City parks for a one-year period, with an option to extend contract for up to two additional one-year periods. Two bids were received. The lowest responsive and responsible bidder was determined to be California Landscape Associates Inc.
A summary of the bid results is provided below:
Contractor 1st Year Bid
Total
2nd Year Bid
Total
3rd Year Bid
Total
Total Yes/No Meets LBE
Eligibility
Requirement
California Landscape
Associates, Inc.
255,216.00 262,872.48 270,758.65 $788,847.13 Yes
New Image Landscape
Company
667,386.84 680,734.58 701,156.61 $2,049,278.03 Yes
Financial Considerations: The final extension of the contract may be executed through June 30, 2026, for a total not-to-exceed $788,848 over the three-year contract, provided sufficient funds are available in the budget adopted for the applicable fiscal year, Local Business Enterprise (LBE): California Landscape Associates Inc. is certified as a LBE.
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC002269 CONTRACT NAME: Specialty Weed Control in City ParksCONTRACT PROJECT #: B23191311006DEPARTMENT: Youth, Parks, & Community Enrichment DIVISION: Park Operations CITY OF SACRAMENTO NONPROFESSIONAL SERVICES AGREEMENT THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and California Landscape Associates, Inc. 8330 Galena AveSacramento, CA 95828(916) 381-9999 ext. 200 / [email protected] (“Contractor”), as of the Effective Date, as defined below. The City and Contractor agree as follows:1.Effective Date. This Contract shall be effective beginning the date it is fully executed by the duly authorized parties. 2.Contract Documents. This Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”): Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work Exhibit B – Payment Exhibit C – Insurance Exhibit D – General Conditions Purchase Orders If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control. 3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”). Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) Contractor notifies Cityand City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractorestimates the additional compensation required for these Additional Services; and (c) City, after Form Approved by City Attorney 9-1-2020 Page 2
notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor. City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable. 4. Payment. City shall pay Contractor at the times and in the manner set forth in Exhibit B. Contractor shall submit all invoices to City in the manner specified in Exhibit B. 5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for Contractor to perform this Contract. City shall furnish to Contractor only the facilities and equipment listed below, if any. 6. Insurance.Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C. 7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D. 8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage. A summary of the requirements, entitled "Living Wage Requirements", can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. The Living Wage Ordinance is applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value ofall Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicablerequirements of Sacramento City Code chapter 3.58 and include these requirements in allsubcontracts covered by Sacramento City Code chapter 3.58. Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates. 10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62. Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of thisContract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.11. Local Business Enterprise Program. The Local Business Enterprise Program ParticipationRequirements ("LBE Participation Requirements") are applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands theserequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall requireapplicable subcontractors to fully comply with all applicable requirements of Sacramento CityCode chapter 3.60 and include these requirements in all subcontracts covered by SacramentoCity Code chapter 3.60.
Form Approved by City Attorney 9-1-2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies. 12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations. [Signatures Page Following Exhibits] Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1 EXHIBIT A SCOPE OF SERVICES 1. Representatives. The CITY Representative for this Agreement is: Kimberly Rhodes, Administrative Analyst 5730 24th Street, Building 3 Sacramento, CA 95822(916) 808-6316 / [email protected] The CONTRACTOR Representative for this Agreement is:Todd Marentis, President8330 Galena Ave Sacramento, CA 95828 (916) 381-9999 ext. 200 / [email protected] Unless otherwise provided in this Contract, all Contractor questions and correspondencepertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative. 2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A. 3. Time of Performance. The Services described in this Contract shall be provided for initial term through June 30, 2024. The City may extend this Contract for up to 2 additional one-year terms, for a maximum three-year term. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1 EXHIBIT BPAYMENT 1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 788,848. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract. 2. Pricing. Contractor shall be paid as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls. 3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City. 4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal. 5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction. A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date an invoice is received, whichever occurs later. B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to: [email protected](2) Postal Mail. If emailing is not an option, mail to: A/P Processing CenterCity of Sacramento915 I Street, Floor 4 Sacramento, CA 95814-2608 C. All invoices submitted by CONTRACTOR must contain the following information: (1) Job/Project Name(2) CITY’s current Purchase Order Number(3) Contractor’s Invoice Number (4) Date of Invoice Issuance (5) Work Order Number (if applicable) (6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Itemized description of items billed under Invoice(9) Itemized description of all authorized Reimbursable Expenses(10) Itemized description of all applicable taxes (sales, use, excise, etc.)(11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable) D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above. E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading. F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract. 6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services. 7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completion of performance, Contractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice. 8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of Contractor’s breach of this section. 9. Public Works Requirements. [To be completed by the City Representative:] The services provided under this Contract include [check one if applicable]: ________ Construction work in an amount exceeding $25,000;
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post-construction phases of the project; or ________ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000. If any of the lines is checked above, this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements: A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the Contractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract. This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative. B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California 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 Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5. Further information can be found on DIR’s website at http://www.dir.ca.gov/Public-Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the Contractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The Contractorshall disseminate these provisions to all subcontractors. Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract. G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1 EXHIBIT CINSURANCE 1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City. Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract. 2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activitiesperformed by or on behalf of Contractor and subcontractors; products and completedoperations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors. 3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) _X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. ___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows: “Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.” 4. Excess Insurance. The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it. 5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) _X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City. ___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required. ___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractorcertifies as follows: “Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.” 6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions: A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it. B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers. C. Coverage shall state that Contractor's insurance applies separately to each insured
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms. 7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract. 8. Verification of Coverage. A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand. B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 C. Certificate Holder must be listed as: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein. 9. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1 EXHIBIT DGENERAL CONDITIONS1. Independent Contractor. A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and Contractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of Contractor’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract. B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by Contractor for accomplishing the results. To the extent that Contractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the Contractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing. C. If, in the performance of this Contract, any third persons are employed by Contractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor will issue W-2 or 1099 Forms for income and employment tax purposes for all Contractor’s assigned personnel and subcontractors. D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and Contractor. Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2
2. Licenses; Permits, Etc.Contractor represents and warrants that Contractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for Contractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State. 3. Time. Time is off the essence in the performance of this Contract. Contractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party. 4. Contractor Not Agent. Except as City may specify in writing, Contractor and Contractor’s personnel have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever. 5. Conflicts of Interest.Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder Contractor’s performance under this Contract. Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent. Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee. 6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of HazardousSubstances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances. 7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent. In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by Contractor of this section is a material violation of this Contract and shall justify legal and equitable relief. 8. Contractor Information. A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City. B. Contractor shall fully defend, indemnify and hold harmless City, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten days after City is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract. C. All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information. D. The parties understand and agree that any failure by Contractor to respond to the notice provided by City and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by Contractor, and the information will be disclosed by City in accordance with the Public Records Act.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4
9. Notification of Material Changes in Business. Contractor agrees that if it experiences anymaterial changes in its business, including a reorganization, refinancing, restructuring,leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediatelynotify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligationsto the City under this Contract. 10. Standard of Performance. Contractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract. All products that Contractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession. Contractor shall assign only competent personnel to perform on its behalf under this Contract. Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member. If the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice. 11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract. 12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager,or if any portion of the City is declared a disaster area by the county, state or federal government,this Contract may be subjected to increased usage. The Contractor shall serve the City during adeclared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of theContract because of a disruption in its chain of supply or service, then the Contractor shall provideproof of the disruption. Acceptable forms of proof will include a letter or notice from theContractor's source stating the reason for the disruption 13. Term; Suspension; Termination.A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.B. City shall have the right at any time to suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. Upon receipt of
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract, as specified in the notice.C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to Contractor. Upon receipt of such notice, Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract: (1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City. (2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the Contract not been terminated or had Contractor completed performance required by this Contract. Contractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity. 14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made. 15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense. A. The Contractor agrees that the Goods and Services furnished under this Contractwill be covered by the industry standard or better warranty.B. Contractor further warrants that the Goods and Services furnished under thisContract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rightsand remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract. C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect andinure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services. D. City's inspections, approval, acceptance, or payment for all or part of any Goods and
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.16. Indemnity. A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B.,above. C. Survival. The provisions of this section will survive any expiration or termination of this Contract. 17. Funding Availability. A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council. C. This Section shall govern over any other contrary provision of the Contract. 18. Equal Employment Opportunity. During the performance of this Contract, Contractor, for itself,
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 its assignees and successors in interest, agrees as follows:A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.” B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations. C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation. D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with theRegulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.E. Sanctions for Noncompliance: In the event of noncompliance by Contractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including: (1) Withholding of payments to Contractor under this Contract until Contractorcomplies; (2) Cancellation, termination, or suspension of this Contract, in whole or in part. F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractorbecomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Contractor may request that the City join such litigation to protect the City’s interests.
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19. Entire Agreement.This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Sacramento City Code. 20. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract. 21. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law. 22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party. 23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect. 25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above. 26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
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27. Debarment CertificationA. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency; (2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or (4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default. (5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations. B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City. C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action. D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
BID NO. B2319131100
SECTION II – CONTRACT DOCUMENTS B.TECHNICAL SPECIFICATIONS/PLANS/OTHER REQUIREMENTSPesticide Applications for City Owned Parks Scope of Work 1. GeneralThe Contractor will provide all labor, materials, equipment, transportation, and incidentals to provide pesticideapplications for sixty-four City owned parks, as identified within Appendix A of this document.2. Important DefinitionsThe following defines terms used in the context of this bid and resulting contract:a. City - the City of Sacramento and its employeesb. Other Areas – To include as applicable: Pathways, ballfields, bullpens, decomposed granitetransitions, dog parks, shrub beds, cracks and expansion joints in concrete areas and fence lines.c. Tree Wells - The vegetation free boundary between the base of a tree and the surrounding turf.d. Turfed Areas – The areas containing ornamental grasses within a City Park or its athletic fields.3. Location of WorkPublicly accessible areas within City owned parks and parkways4. Description of ServicesTwo (2) annual applications of non-selective preemergent herbicide with a label indication not to exceed“Caution” and four (4) annual applications of non-selective post emergent herbicide with a label indication notto exceed “Caution;” all within the tree wells and other areas as defined and at the following calendar intervals:Preemergent: (1) in Spring/ (1) in FallPost-emergent: (1) in March/ (1) in June/ (1) in September/ (1) in January5. INSPECTIONThe City’s Representative or designee may periodically inspect all aspects of the spraying operation. One ormore designees may be assigned to observe the work, and to act on behalf of the City’s Representative onmatters of performance, and effectiveness of herbicide application according to the contract. Visits andobservations by the City’s Representative or designees shall not relieve the Contractor of the obligation toconduct its own inspections of the work, and effectiveness of the herbicide application.
BID NO. B2319131100
6. CHEMICAL APPLICATIONThe Contractor shall provide all chemicals. Chemicals are to be applied according to the manufacturer'srecommendations and comply with all ordinances and governing agencies. The Contractor shall provide theDivision with SDS sheets prior to spraying. A copy of the SDS sheets shall be provided in this submittal ofchemicals the Contractor is going to spray at the City’s facilities. All herbicide applications by the Contractor shallbe under the direct supervision of a person possessing a license or certification with endorsements by the Stateof California as a Pest Control Applicator. A copy of the license shall be provided to the Division and is to beincluded in the submittal. All Contractor’s employees shall handle herbicides in accordance with all applicablefederal, state, and local laws, regulations, and local requirements, while on the job site. Contractor shall have acopy of the SDS for the chemical spraying on the vehicle.7. CLEAN UPContractor shall properly dispose of all generated trash and other waste, in a manner consistent with local laws,ordinances or codes.8. GENERAL WORK REQUIREMENTSWork covered under this contract includes, but is not limited to, all labor, materials, equipment, transportation,all incidentals involved in application of pesticides, including the capability to boom spray turfed area within Cityparks.The City’s representative may also authorize the Contractor to perform additional unscheduled/extra work, inaccordance with the scope of work herein, or the incidental application of selective broadleaf herbicides and/orpesticides to turfed areas within City parks.All Unscheduled/Extra work shall have the prior authorization of the City prior to commencement and a priceagreed to with a written estimate received. A work order will be issued to the Contractor prior to the workbeing done. Extra Work shall be at a rate agreed upon and not the full-service bid amount. Unscheduled/extrawork may not take place on or interfere with regular scheduled service. Example of Unscheduled/Extra workcould be, but is not limited to, incidental post treatment for incidental weeds or the incidental application ofselective broadleaf herbicides, fungicides, and insecticides to turfed areas within City parks9. CONTACT REQUIREMENTSThe Contractor shall provide the City with a method of field contact (i.e. mobile phone number) for use duringnormal business hours. Upon receiving a call from the City, Contractor must respond within 2 hours.10. SAFETYContractor shall be solely responsible for complying with O.S.H.A. and CAL O.S.H.A. Safety Orders, and localordinances. property. unsafe practices occurring thereon. The City representative will be notified immediatelyof any unsafe conditions that require correction.It shall be the Contractor’s responsibility to supply all safety equipment and to educate their employees in therules of safety. Approved Class II safety vests are to be worn at all times while working on city property.11. HOURS AND DAYS OF SERVICEContractor shall perform the required maintenance services between the hours of 7:30 a.m. and 4:00 p.m.,Monday through Friday. There will be no weekend work allowed unless authorized by City Management. Workon City Holidays will not be authorized at all, no exceptions.
BID NO. B2319131100
12. CONTRACTOR’S STAFFContractor will provide staff capable of performing work at the highest standards of horticultural excellence.Key staff shall have current knowledge of best management practices regarding safety, hazardous materials spillresponse, integrated pest management, and pesticide application.Contractor shall provide a competent full-time management representative available to communicate with theCity at all times during normal business hours. The representative must have the authority to represent and actfor the Contractor in any matter pertaining to the Agreement.Contractor shall provide a competent field supervisor on-site during all times that work is being performed.Contractor shall furnish the names of all such supervisors to the City prior to the commencement of the contractand further advise the City of any changes.Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in theopinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform inaccordance with the contract specifications, threatens or uses abusive language while on City property, or isotherwise unsatisfactory, that employee shall be removed from all work under this contract.1.Contractor BID NO. B2319131100
Exhibit A Park Name Address, Sacramento, CA Total Park AcresTree Wells (#)Tree Wells (Acre)Other Areas (Acre)Total (Acre) Special InstuctionsALDER PARK 1615 Liani Wy 2.0 6 0.0012 0.65 0.6512 Preemergent & Non-Selective PostAUTUMN MEADOW PARK 5674 Northborough Dr 6.9 100 0.0207 0.16 0.1807 Preemergent & Non-Selective PostBILLY BEAN JR MEMORIAL PARK 7334 17th Ave 4.5 0 0.0000 1.03 1.0300 Preemergent & Non-Selective PostBLUE OAK PARK 2550 Serenata Wy 1.0 14 0.0029 0.34 0.3429 Preemergent & Non-Selective PostBURBERRY COMMUNITY PARK 2400 Burberry Wy 11.8 263 0.0543 3.00 3.0543 Preemergent & Non-Selective PostCALIFORNIA LILAC PARK 1601 Club Center Dr 3.1 139 0.0287 1.20 1.2287 Preemergent & Non-Selective PostC.K. McCLATCHY PARK 3500 5th Ave 15.4 196 0.0405 1.95 1.9905 Preemergent & Non-Selective PostCARL JOHNSTON PARK 231 Eleanor Ave 24.7 322 0.0665 0.18 0.2465 Preemergent & Non-Selective PostCESAR E. CHAVEZ PLAZA 910 I St 2.5 145 0.0300 0.90 0.9300 Preemergent & Non-Selective PostCOTTONWOOD PARK 1712 North Bend Dr 5.0 147 0.0304 0.83 0.8604 Preemergent & Non-Selective PostDOGWOOD PARK 3075 Macon Dr 3.0 55 0.0114 0.40 0.4114 Preemergent & Non-Selective PostEGRET PARK 5145 Westlake Pkwy 8.5 117 0.0242 0.87 0.8942 Preemergent & Non-Selective PostELDERBERRY PARK 2850 Macon Dr 2.9 54 0.0112 0.14 0.1512 Preemergent & Non-Selective PostFISHERMAN'S LAKE PARKWAY & OPEN SPACE Natomas Central Dr / Po River Way 35.4 0 0.0000 3.40 3.4000Non-selective post-emergent onlyFRANK SEYMOUR PARK 845 Florin Rd 43.5 1465 0.3027 3.00 3.3027 Preemergent & Non-Selective PostFRANKLIN BOYCE COMMUNITY PARK 7698 Franklin Blvd 12.2 0 0.0000 1.49 1.4900 Preemergent & Non-Selective PostGARCIA BEND PARK 7654 Pocket Rd 17.9 225 0.0465 2.10 2.1465 Preemergent & Non-Selective PostGOLDEN POPPY PARK 5765 Tres Pieza Dr 2.6 66 0.0136 0.45 0.4636 Preemergent & Non-Selective PostGRANITE REGIONAL PARK 8181 Cucamonga Ave 80.4 694 0.1434 4.38 4.5234 Preemergent & Non-Selective PostHERON PARK 5160 Fredericksburg Way 3.9 52 0.0107 1.01 1.0207 Preemergent & Non-Selective PostHUMMINGBIRD PARK 3635 Saintsbury Dr 4.7 267 0.0552 1.14 1.1952 Preemergent & Non-Selective PostJACINTO CREEK PARK 8600 W Stockton Blvd 11.8 52 0.0107 1.37 1.3807 Preemergent & Non-Selective PostJOHN MACKEY MEMORIAL PARK 1910 Kenwood St 11.4 0 0.0000 0.15 0.1500 Preemergent & Non-Selective PostJOSEPH REICHMUTH PARK 6305 Gloria Dr 42.2 0 0.0000 2.00 2.0000Non-selective post-emergent onlyKOKOMO PARK 4901 Kokomo Dr 7.2 103 0.0213 0.35 0.3713 Preemergent & Non-Selective PostLINDEN PARK 4001 Innovator Dr 5.0 61 0.0126 1.20 1.2126 Preemergent & Non-Selective PostMAE FONG PARK 3004 Redding Ave 8.6 30 0.0062 3.67 3.6762 Preemergent & Non-Selective PostMAGNOLIA PARK 251 Greg Thatch Cr 6.4 45 0.0093 1.02 1.0293 Preemergent & Non-Selective PostMAGOICHI OKI PARK 8484 Lake Forest Dr 14.9 102 0.0211 8.00 8.0211 Preemergent & Non-Selective PostNINOS PARK 705 Northfield Dr 4.2 54 0.0112 0.01 0.0212 Preemergent & Non-Selective PostNORTH LAGUNA CREEK PARK 6400 Jacinto Ave 22.1 478 0.0988 2.29 2.3888 Preemergent & Non-Selective PostNORTH NATOMAS COMMUNITY PARK 245 Menard Cr 39.1 232 0.0479 7.66 7.7079 Preemergent & Non-Selective PostNORTH NATOMAS REGIONAL PARK 4989 Natomas Blvd 212.3 0 0.0000 17.24 17.2400 Preemergent & Non-Selective PostNORTHBOROUGH PARK 5250 Northborough Dr 4.3 57 0.0118 0.80 0.8118 Preemergent & Non-Selective PostOAK PARK 3425 Martin Luther King Jr. Blvd 10.6 61 0.0126 0.57 0.5826 Preemergent & Non-Selective PostPANNELL/MEADOWVIEW COMMUNITY PARK 2450 Meadowview Rd 12.4 220 0.0455 1.49 1.5355 Preemergent & Non-Selective PostPEREGRINE PARK 3031 Guadalajara Wy 7.5 99 0.0205 2.00 2.0205 Preemergent & Non-Selective PostPOCKET CANAL PARKWAY 7525 Pocket Rd 47.0 750 0.1550 2.75 2.9050 Preemergent & Non-Selective PostQUAIL PARK 3401 Colchester Ave 6.4 137 0.0283 0.03 0.0583 Preemergent & Non-Selective PostRED TAIL HAWK PARK 226 Orcutt Cr 6.2 62 0.0128 0.70 0.7128 Preemergent & Non-Selective PostREDBUD PARK 5201 Brookmere Wy 1.8 57 0.0118 0.09 0.1018 Preemergent & Non-Selective PostREGENCY COMMUNITY PARK 5500 Honor Pkwy 41.7 597 0.1233 2.75 2.8733 Preemergent & Non-Selective PostRICHARDSON VILLAGE PARK 2995 Altos Ave 9.0 60 0.0124 0.46 0.4724 Preemergent & Non-Selective PostRIVER VIEW PARK 501 Forastera Cr 5.2 121 0.0250 0.08 0.1050 Preemergent & Non-Selective PostROBLA COMMUNITY PARK 625 Bell Ave 17.8 164 0.0339 5.00 5.0339 Preemergent & Non-Selective PostSAN JUAN RESERVOIR PARK 3250 Natomas Crossing Dr 33.7 0 0.0000 0.28 0.2800Non-selective post-emergent onlySAND COVE PARK 2005 Garden Highway 9.9 0 0.0000 2.30 2.3000 Preemergent & Non-Selective PostSHASTA COMMUNITY PARK 7407 Shasta Ln 18.1 362 0.0748 3.21 3.2848 Preemergent & Non-Selective PostSOUTHSIDE PARK 2115 6th St 19.5 0 0.0000 2.25 2.2500 Preemergent & Non-Selective PostSPARROW PARK 4694 Westlake Pkwy 1.8 35 0.0072 0.57 0.5772 Preemergent & Non-Selective PostSTRAWBERRY MANOR PARK 200 Danville Wy 1.3 5 0.0010 0.35 0.3510 Preemergent & Non-Selective PostSWAINSON'S HAWK PARK 150 Lentini Way 5.7 145 0.0300 0.50 0.5300 Preemergent & Non-Selective PostSYCAMORE PARK 5400 Banfield Dr 4.7 100 0.0207 0.50 0.5207 Preemergent & Non-Selective PostTAHOE PARK 3501 59th St 17.8 224 0.0463 2.00 2.0463 Preemergent & Non-Selective PostTANZANITE COMMUNITY PARK 2220 Tanzanite Ave 31.3 202 0.0417 0.70 0.7417 Preemergent & Non-Selective PostVALLEY HI COMMUNITY PARK 8185 Center Pkwy 19.8 162 0.0335 5.12 5.1535 Preemergent & Non-Selective PostWESTHAMPTON PARK 5401 Westhampton Wy 4.3 16 0.0033 1.00 1.0033 Preemergent & Non-Selective PostWESTLAKE COMMUNITY PARK 4700 Westlake Pkwy 10.3 47 0.0097 2.73 2.7397 Preemergent & Non-Selective PostWILD ROSE PARK 5200 Kankakee Dr 9.6 0 0.0000 3.00 3.0000 Preemergent & Non-Selective PostWILLIAM LAND REGIONAL PARK 3800 Land Park Dr 115.4 3096 0.6397 19.25 19.8897 Preemergent & Non-Selective PostWILLIAM McKINLEY PARK 601 Alhambra Blvd 31.9 501 0.1035 2.75 2.8535 Preemergent & Non-Selective PostWILLOW PARK 2541 Rose Arbor Dr 3.1 21 0.0043 0.50 0.5043 Preemergent & Non-Selective PostWITTER RANCH PARK 3795 Saintsbury Dr 9.0 69 0.0143 0.26 0.2743 Preemergent & Non-Selective PostWOODLAKE PARK 500 Arden Wy0 0.0000 0.74 0.7400 Preemergent & Non-Selective PostTOTAL 1184.4 12,854 2.6558 136.01 138.6658
LOCATION DETAILS NET APPLICATION AREAS PER PARK
BID NO. B2319131100
QUANTITIES (ESTIMATED) The quantities stated in the pricing schedule are estimates only of the City's requirements. Contractor agrees to furnish more or less than the estimates at the unit prices quoted in accordance with availability of funds and actual needs as they occur throughout the contract period. PARKS ASSIGNED As locations are assigned a list will be provided to Contractor with location and amount of acreage to be covered. Some locations will not require total of park acreage due to natural habitats and areas where no weed control is needed. AWARD The City of Sacramento reserves the right to award this contract to the lowest responsible Bidder whose total aggregate bid is most responsive to the needs of the City. An evaluation of the Bidder’s ability, quality and performance on previous or current contracts will be used in addition to total cost as a basis of award for any resultant contract. CONTRACT PERIOD Any contract(s) resulting from this bid shall be effective from date of award through June 30, 202. CONTRACT EXTENSION If mutually agreeable to both parties, any resultant contract may be extended on a year-to-year basis; however in no case shall the renewal extend beyond 3 years from the date of award of the original contract. For each year that the contract is extended, the total charge per item listed above may be increased in an amount not to exceed the following: 2nd year % increase above 1st year prices 3rd year % increase above 2nd year prices Requests for price increases are to be made in writing at least 45 days prior to expiration of the contract period. The request must state the actual percentage increase requested and reasons justifying the request for increase. The proposed percentage increases beyond the first year may be considered as a basis for award of contract.
1st year Total Net Application: $255,216.00 Subtotal Year One: $255,216.00 2nd year escalation (3%): $7,656.48 Subtotal Year 2: $262,872.48 3rd year escalation (3%) : $7,886.17 Subtotal Year 3: $270,758.65 Total Bid Amount: $788,847.13