Sacramento City Council
April 22, 2025

City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00784 4/22/2025 Item 2.

Landscaping Services for SAFE Credit Union Convention and Performing Arts District File ID: 2025-00784
Location: SAFE Credit Union Convention & Performing Arts District, District 4 Recommendation: Pass a Motion ratifying the execution of two on-call non-professional services contracts with EMTS Inc. and Parker Landscape in not-to-exceed amounts of $60,000 each.

Contact: Dustin Hollingsworth, Assistant Director, (916) 808-5538, [email protected]; Gale O’Neill, Contract & Compliance Specialist, (916) 808- 7154, [email protected]; CCS Administration; Mack Smith, Engineering Manager, (916) 808-5445, [email protected], CCS Operations
Presenter: None
Attachments:
1-Description/Analysis
2-PRC003077 Landscaping Services for SAFE Credit Union Convention Center & Performing Arts District
3-PRC003182 Additional Landscaping Services SAFE Credit Union Convention Center & Performing Arts District
4-PRC003181 Additional Landscaping Services SAFE Credit Union Convention Center & Performing Arts District
Description/Analysis
Issue Detail: The Convention & Cultural Services Department (CCS) put out a formal solicitation for landscaping services in PlanetBids (Bid #B24171121001) with a bid due date of 5/08/2024. Elite Service Experts, Inc. won the bid for weekly landscape maintenance and a 5-year contract was implemented for $180,000 to include additional landscaping services. After further investigation of the bids, it was determined that EMTS, Inc. and Parker Landscape had better pricing for the additional services portion of the bid. CCS then executed two additional contracts for $60,000 each to EMTS, Inc., and Parker Landscape.

Policy Considerations: The recommendations in this report are in accordance with the provisions of City Code Section 3.56.090, which requires City Council approval for contracts of $250,000 or more,

File ID: 2025-00784 4/22/2025 Item 2. and Section IV.1.C.1 of the City’s Non-Professional Services Policy regarding awards to multiple contractors for the same scope of services.

Economic Impacts: None.

Environmental Considerations:

California Environmental Quality Act (CEQA): The action is exempt from review under CEQA pursuant to CEQA Guidelines section 15301. The action involves the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or mechanical equipment, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The exemption covers interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; and similar facilities; restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. The project qualifies for a Categorical Exemption under Article 19 of CEQA Guidelines Section 15301, existing facilities. No environmental review is necessary.

Sustainability: None.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: City Code Section 3.56.090 reads in part, “Unless otherwise provided in this title, all contracts involving an expenditure of $250,000 or more must be authorized by the city council.” Section IV.1.C.1 of the City’s Non-Professional Services Policy provides that for contract solicitation and award purposes, procurements must include the total amount of all service contracts awarded to all contractors for the same service. Because Elite Service Experts, Inc., EMTS, Inc., and Parker Landscape will perform the same scope of services, and the aggregate not-to- exceed amount of all three agreements exceeds $250,000, Council approval is required.

Financial Considerations: Sufficient funding is available (Community Center Fund, Fund 6010) in the Fiscal Year (FY) 2024/25 Convention and Cultural Services Department Operating Budget to make purchases through June 30, 2025. Future services are dependent on the availability of funding in the adopted budgets for the applicable fiscal year.

Local Business Enterprise (LBE): Elite Service Experts, Inc., and Parker Landscape are LBE, EMTS, Inc. is not an LBE.

Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC003077
CONTRACT NAME: Landscaping Services for SAFE Credit Union Convention Center and Performing Arts District
CONTRACT PROJECT #: Bid Number B24171121001
DEPARTMENT: Convention & Cultural Services
DIVISION: Convention

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
Elite Service Experts, Inc.
819 Striker Ave., Ste. 16, Sacramento, CA 95834
Phone: 916-568-1400/E-mail: [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 City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates 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.

Access to be granted to the SAFE Credit Union Convention Center and Performing Arts District grounds for the purpose of landscaping services.

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 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 the requirements and shall fully comply with all applicable requirements of Sacramento City Code Form Approved by City Attorney 9-1-2020 Page 3
chapter 3.58. 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 3.58 and include these requirements in all subcontracts 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 this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("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 these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. 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 Form Approved by City Attorney 9-1-2020 Page 4
Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.

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 and equitable 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:

Mark Quartarolo/Event Services Manager
1401 K. Street, Sacramento, CA 95814
Office: 916-808-5481/Cell: 916-666-8438/E-mail: [email protected]

The CONTRACTOR Representative for this Agreement is:

Dave Schmidt/Account Manager/Landscape
819 Striker Ave., Ste. 16, Sacramento, CA 95834
Office: 916-568-1400/Cell: 916-633-9011/E-mail: [email protected]

Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining 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 Term is five (5) years from fully executed contract. 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.

CITY OF SACRAMENTO
SAFE Credit Union Convention
and Performing Arts

LANDSCAPE MAINTENANCE SERVICES

GENERAL SPECIFICATIONS AND PROVISIONS
May 2024

CITY OF SACRAMENTO
SAFE Credit Union Convention
and Performing Arts

LANDSCAPE MAINTENANCE SERVICES

GENERAL SPECIFICATIONS AND PROVISIONS

TABLE OF CONTENTS

SERVICES TO BE PROVIDED
General Procedures 3
Maintenance Specifications 15
Section 1: Turf Care - Mowing and Irrigation 15
Section 2: Clean-Up and Inspection 21
Section 3: Additional Landscape Services 24
Attachments:
26 28
Attachment A1 - Maintenance Performance Schedule
Attachment A - Site Map

SERVICES TO BE PROVIDED

GENERAL PROCEDURES

SERVICES
Services may include, but will not be limited to the following: mowing and edging; approved watering landscape plants; fertilizer application; weed, pest and disease control; approved method and techniques used for pruning shrubs and trees; chemical controls, turf aerification; trash, leaf and debris control; ground cover care; irrigation systems maintenance; tree staking; immediate reporting of vandalism and/or safety hazards to Inspector. It will be the Contractor's responsibility, without further direction from the City, to meet all contract requirements in this agreement.

1.GENERAL WORK REQUIREMENTS

1.01 1.02

1.03 1.04
Work to be performed comprises general horticultural maintenance, the operation of manual and automatic irrigation, cleanup of landscape areas as designated in the attached list of locations and, when necessary, repairs of irrigation systems and replacement of pl9nt materials. Requirements vary by location depending upon the landscaping present. No irrigation modifications or vandalism repairs or plant material replacements are to be made without prior approval of the Landscape Inspector (City representative).

The work to be performed shall be by a Landscape Maintenance Contractor, licensed by the State of California with a C27 license, insured and bonded to do business in the City of Sacramento.

Contractor shall have at least two (4) years actual experience in providing landscape maintenance services for commercial and/or governmental entities.

It is the Contractor's responsibility, without further direction from the Inspector (except as specified herein), to assure all work is being done per specifications. Contractor shall inspect every site a minimum of once per week, regardless of minimum requirements stated on the Maintenance Performance Schedule (see Attachment A1).

The Contractor will be required to have a twenty four (24) hour emergency phone number where he/she can be reached with no more than a sixty (60) minute delay in call back time. Once notified Contractor shall respond to an emergency within (4) hours.

1.05 1.06

1.07 1.08

1.09 1.10

1.11 1.12

1.13 Contractor shall have fully trained and competent employees who can use power equipment safely, prune trees and shrubs and install plants.

The installation of plant materials will be in accordance with the techniques as defined in the current edition of the "Sunset Western Garden Book." Any plant material installed by Contractor shall have a 60-day warrantee period.

The Contractor must have a full time employee who can competently work on irrigation systems, including the testing, rebuilding and/or replacement of valves, controllers and main irrigation line breaks.

The Contractor shall have a full time staff employee who has a valid Agricultural Pest Control license or Maintenance Gardeners license and who is registered at all times with the Sacramento County Agriculture Commissioner.

The Inspector will make regular inspections of contract sites. Contractor shall meet as required with the Inspector (see Attachmen_t A1) to review a Landscape Maintenance Inspection Report (see Attachment A4) and visit any sites deemed necessary for review with Inspector.

Contractor shall be aware of and shall comply with City ordinances governing landscape maintenance work as applicable to individual locations being maintained.

The Contractor shall be responsible for maintaining local property access and access to existing public cross-streets within the limits of this contract.

The Contractor shall be responsible for the safety of traffic, and within the project limits and on the approaches to the project.

The Contractor shall provide 24-hour advance notification to the Inspector of any property location to which the existing access will be closed for a period of time exceeding two (2) hours. Notification may be verbal to the occupant of the property or by written notice by mail or email to the inspector.

Should lane closures .be necessary during the term of this agreement, Contractor will obtain the necessary permits and equipment at no additional charge to the City. Lane closure shall not be allowed without the proper use of advance warning devices, signs and flag person(s) in conformance to these provisions. At the completion of each working day, all existing lanes of traffic shall be open to traffic. Provisions must be made for the uninterrupted passage of emergency vehicles through the work site at all times, regardless of the controlled traffic conditions existing at that time.

1.14The Contractor shall do all traffic lane closure work as specified herein at no additional cost to the City.

1.15 For information and to obtain permits for lane closures contact the City Traffic Engineer.2.DESCRIPTION OF WORK

2.012.02

2.03 a.b.C.

Area/Maintenance Service Changes - The City reserves the right to add, delete or change areas and/or maintenance services under this contract and may do so upon giving written notification to Contractor. If these changes cause an increase or a reduction in the maintenance costs of this contract, said costs shall be readjusted and, when agreed upon, incorporated into this contract. Contractor shall receive documentation from the Project Manager regarding any amendments.

The City reserves the right to provide the Contractor with supplies and materials such as irrigation components and plant materials, which the Contractor shall install at the hourly rate bid.

A general Maintenance Performance Schedule is provided and is incorporated into this agreement (see Attachment A1). Individual maintenance activities shall conform to the following standards:The Contractor shall maintain the landscape area in a clean, healthy and well groomed condition. All of the Contractor's work shall be performed in a professional manner, using equipment in good condition and quality materials.

Contractor shall provide the labor, materials, transportation and equipment necessary in order to provide landscape maintenance services as specified. Contractor shall provide a level of service at whatever frequency is necessary in order to provide the professional services expected, even if the frequency of service exceeds the minimum required by the City.

It is required that Contractor inspects each landscape site at a minimum of once per week.

Contractor is hereby required to render and provide landscape and grounds maintenance services including, but not limited to, the maintenance of turf, ground cover, the pruning of trees and shrubs; removal of litter, leaves and debris from the entire site and dispose at an appropriate landfill; provide weed, disease and pest control; fertilizer applications; operate and maintaining specified components of irrigation systems and the maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by the City, as set forth herein.Typical areas to be maintained are defined as:

Landscape for City Buildings: for entire area as detailed in the Maintenance Performance Schedule (Attachment A1)
d. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, turf areas, trees or shrubs. Any debris or litter which collects as a result of inclement weather or flooding, shall be removed during the next scheduled service day.
e. The Contractor recognizes that, during the course of this Agreement, other activities and operations may be conducted by City and/or other contracted parties. These activities may include, but not be limited to, .events held at the facilities, landscape refurbishment, irrigation system modification or repair, construction and/or storm related operations. The Contractor may be required to modify or curtail certain of its operations and shall promptly comply with any request therefore by the Inspector.

To the extent that any such modifications may alter the specifications in the agreement, the City will evaluate the need to amend the contract. f. If a scheduled service day falls on a Federal, State or City holiday, Contractor must provide scheduled service within two days before or after the holiday unless other arrangements have been approved by Inspector.
g. In case of equipment failure, Contractor will schedule services within two days of said failure upon approval of Inspector.
h. The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirements to notify the Inspector for specialty type maintenance as set forth Section 2.04 or, in the Contractor's Service Schedule as set forth in Section 9.02.

2.04 Contractor shall notify the Inspector within 48 hours prior to the date and time of all "Specialty Type" maintenance operations as listed in the annual schedule. "Specialty Type" operations are defined below as:
a.Turf renovation/aeration/reseeding
b.Micro-nutrients/soil amendments
c.Use of pesticide/herbicide control chemicals
d.Other items as determined by the Inspector

3.SITES TO BE MAINTAINED

3.01 Landscape Services to be provided by Contractor in the following locations:
a.
b.

SAFE Credit Union Convention Center and SAFE Credit Union Performing Arts Center - All out-door landscaping on the grounds within the blocks surrounded by "J" Street to the North, 13th Street between "J" and "L" Streets to the West, "L" Street between 13th and 14th Street to the South, 14th Street between "L" and "K" Streets to the East, "K" Street between 14th and 15th Streets to the South, and 15th Street between "K" and "J" Streets. (See diagram for further clarification, Attachment A3.) Contractor responsible for landscape maintenance within the designated area defined above, including the second and third terrace levels of the Convention Center building. Contractor is responsible for all landscaping not to exceed fifteen (15) feet in height.

Memorial Auditorium grounds - All out-door landscaping on grounds within the block surrounded by "I" Street to the North, "J" Street to the South, 15th Street to the West, and 16th Street to the East. Contractor is responsible for all landscaping not to exceed fifteen (15) feet in height including any plants in pottery containers.

3.02 The sites to be maintained under the provisions of this Agreement will be examined by the Contractor prior to submitting a bid. The Contractor will be initially accepting each service area in their present physical condition. In addition, no further demands may be made by the Contractor for additional service fees due to the lack of understanding concerning the specifications and scope of work described herein.

3.03 The Contractor shall take adequate measures to insure that their operations do not harm any existing underground facilities. The toll- free number for Underground Service Alert (U.S.A.) is (800) 227-2600. The Contractor is required to call this number two working days in advance of performing excavation work.

4.UNSCHEDULED / EXTRA WORK

4.01 All extra work must be authorized by the Inspector. The Inspector may authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work

arises. Should such repairs or replacements be necessary as a result of Contractor's negligence, Contractor will be responsible for completing such repairs or replacing damaged property at no additional cost to the City.

4.02 Contractor may not change the regular maintenance schedule or work force to perform unscheduled/extra work unless authorized by the Inspector.

4.03 In order to be considered for extra work projects both in and outside of their contracted sites, the Contractor must maintain their landscape maintenance sites in a manner that meets or exceeds City Standards for landscape maintenance. In all cases the Inspector will determine standards.

4.04 Prior to performing any additional work, the Contractor shall give a verbal or written estimate of labor and materials to the Inspector. No work shall commence without a verbal or written estimate. Within forty-eight (48) hours of verbal or written authorization from Inspector, Contractor shall submit a written estimate
Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within forty-eight (48) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Inspector for approval.

4.05 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted.

5.FAILURE TO PERFORM

5.01 Contractor will receive from the Inspector a "Landscape Maintenance Inspection Report" each month or as otherwise specified in Attachment A1. This form will clearly indicate the work performance of Contractor at the site locations under the terms and conditions of this contract.

5.02 If Contractor or his representative fails to perform in accordance with the terms and conditions of this contract, the Inspector will document the problems requiring correction on the "Landscape Maintenance Inspection Report" form, which will serve as written notice to the Contractor regarding said deficiencies. A "needs improvement" rating, will require the Contractor to correct any stated deficiencies within seven (7) calendar days or as otherwise specified by the Inspector. An "unsatisfactory" rating will require the Contractor to

correct any stated deficiencies within five (5) calendar days or as otherwise specified by the Inspector. Upon receiving two consecutive ratings of "unsatisfactory" performance on the inspection report, a formal letter of "Failure to Comply" will be issued and only the maintenance services that were completed to the satisfaction of the Project Manager will be paid to the Contractor based on the Schedule of Values approved by the City for that month. A "Failure to Comply" rating represents a final warning. The City may at this time cancel the contract unless the Contractor corrects any remaining deficiencies within 24 hours or as otherwise specified by the Inspector. Under this contract, should a Contractor receive more than two "unsatisfactory" inspection report warnings within a 90-day time span, a letter of "failure to comply" may be issued. If two letters of "failure to comply" are issued within a 180-day time span, the City may immediately terminate the contract without further notice. The warnings may not necessarily be for related deficiencies. The City may further, at its sole discretion, contract with another landscape contractor or complete the work itself in order to affect the necessary repairs. Once the repairs are initiated by another contractor or by the City, the work in progress will not be terminated. Contractor may be required to pay to the City or have deducted monies due by the City, the amount required to correct the deficiencies. In the event of a termination due to Contractor's lack of performance, the Contractor may be precluded from bidding for up to 5 years from the date of termination. Notwithstanding the above, the City may terminate this contract with a 30-day formal written notice.

5.03 In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination; and Contractor and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services.

6.DAMAGE CAUSED BY CONTRACTOR

6.01 Any damage to either the City or private property that was caused by the Contractor shall be repaired or replaced at the Contractor's expense. Damages may be the result of, but not limited to:
a.Power equipment damage to trees, shrubs, turf and sprinklers. b.Pruning methods not consistent with City specifications. c.Over watering or under watering of plant materials.
d.Failure to make irrigation inspections, adjustments and repairs within schedules specified.
e.Chemical over spray or leaching, lack of chemical control.

6.02 All repairs or replacements shall be completed in accordance with the following maintenance practices:

a.Trees - Minor damage such as bark loss from impact of mowing equipment shall be checked by the City Arborist. If in the Arborist's judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced with equal at Contractors expense to comply with the specific instructions of the Inspector.
b.Shrubs - Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the lnspector.-
c.Chemicals - All plant damage resulting from chemical operation, either spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil reconditioned to insure its ability to support plant life. d.Irrigation Parts - Repair and replace all irrigation parts with same brand of like type and kind.

7.EMERGENCY AND COMPLAINTS RESPONSE

7.01 Whenever, in the City's opinion, immediate action is required to prevent impending injury, death or damage to private or City property being maintained under this contract, the City may, at its discretion attempt to contact the Contractor to affect the necessary repairs. Should the Contractor be unreachable or unable to respond, as specified in Item

1.04 of this agreement, the City may cause such action to be taken by the City work force and/or other contractors, and shall charge the cost thereof to the Contractor, or may deduct such cost from an amount due Contractor. Should it also be determined that the necessary repairs were due to the Contractor's lack of performance under the terms and conditions of this contract or through Contractor's negligence, the Contractor may be liable for all charges to effect such repairs.

7.02 All complaints shall be abated as soon as possible after notification; but in all cases within forty-eight (48) hours or as required by Inspector. If any complaint is not abated within forty-eight (48) hours, the Inspector shall be notified immediately of the reason for not abating the complaint, followed by a written report within five (5) days. If the complaints are not abated within the time specified and to the satisfaction of the Inspector, the total cost for eliminating the problem or completing necessary repairs will be deducted from the payments owing to the Contractor from the City.

8.SAFETY

8.01 Contractor agrees to accept the sole responsibility for complying at all times with local, County, State or other legal requirements including but not limited to full compliance with the terms of the applicable

O.S.H.A. and CAL O.S.H.A. Safety Orders, State traffic regulations for lane closures, so as to protect all persons, including employees from foreseeable injury, or damage to property.

8.02 It shall be the Contractor's responsibility to inspect and identify any conditions that render any portion of the maintenance area unsafe, as well as any unsafe practices occurring thereon. The Inspector shall be notified immediately of any unsafe condition that requires correction.

Contractor shall be responsible for making routine corrections such as, but not limited to: filling holes in all turf areas, along curbs, sidewalks, and paving, replacing valve box covers, and vehicular and pedestrian viability and clearance of trees and shrubs. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring in the maintenance area, including a complete written report thereof to the Inspector within five (5) days following the occurrence.

8.03 Contractor shall check concrete areas, sidewalks, curbs, brick and retaining walls, etc. for cracks, crevices and deterioration. Report any deterioration to Inspector immediately.

8.04 It shall be the Contractor's responsibility to supply all safety equipment and to educate their employees in the rules of safety.

9.HOURS AND DAYS OF MAINTENANCE SERVICES

9.01 Contractor shall perform the required maintenance services between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday.

9.02 Any modification in the hours and days of maintenance service as stated in the Contractor's Service Schedule is subject to approval by the Inspector. The Inspector shall be notified of any temporary change to the day's service schedule by no later than 7:30 AM the morning of the scheduled change.

10.CONTRACTOR'S STAFF AND EQUIPMENT

10.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified supervisor in the employ of the Contractor shall supervise all of the Contractor's maintenance personnel.

10.02 Supervision - Contractor shall provide a competent supervisor during all times that work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract.

Contractor shall furnish the names of all such supervisors to the Inspector prior to the commencement of a contract and further advise of any changes. Contractor's supervisor will be able to communicate verbally, in writing and in English, with the Inspector or City.

10.03 Dismissal of Unsatisfactory Employees - Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the Inspector, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. Contractor shall meet with the Inspector to consider the appropriate course of action with respect to such matters and Contractor shall take reasonable measures under the circumstances to assure the Inspector that the conduct and action of Contractor's employees will not be detrimental to the interest of the City of Sacramento and/or premises.

10.04 Contractor shall, at its own expense, establish an identification system for personnel assigned to the maintenance areas under this agreement which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services.

10.05 The Contractor shall require each of its employees to wear uniforms with the Contractors company name, proper shoes and other gear required by State Safety Regulations. If uniform shirts have buttons, they must be buttoned at all times. No advertisements or logos other than the Contractor's shall be on employees' uniforms. Contractor's employees shall be clean in appearance at the start of each workday.

10.06 Contractor shall possess adequate equipment inventory to satisfactorily perform services.

10.07 Contractor's vehicles shall be in good condition and shall have the company name and phone number clearly visible to the public at all times.

11.SIGNS/IMPROVEMENTS

11.01 Contractor shall not post signs or advertising material upon the site premises, unless prior approval therefore is obtained from the Inspector.

11.02 Contractor will remove all paper and cardboard signs from work site, including removal of signs from utility poles. Contractor will inform the Inspector about all wood or metal signs with a company name and phone number, which were found and left on the property.

12.UTILITIES
The City shall provide and pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the

Contractor and approved by the Inspector. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor as scheduled, irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage on the same site, for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Inspector prior to actual deductions to allow for explanations.

13.INTERFERENCE WITH PUBLIC USE
Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

14.STORAGE FACILITIES
City will not provide any storage facilities for Contractor's use.

15.LEAF BLOWER REQUIREMENT

15.01 OPERATION WITHIN 200 FEET OF ANY RESIDENTIAL PROPERTY a. Hours of Operation: Use of portable gasoline-powered blowers within 200 feet of any residential property is restricted to the hours of 9:00 A.M. to 6:00 P.M., Monday through Saturday and 10:00 A.M to 4: 00 P.M, on Sunday.
b. Maximum sound levels: Must meet the most updated City of Sacramento dBA levels and follow the guidelines on earliest times and latest times for dBA levels
c.

15.02 OPERATION MORE THAN 200 FEET FROM ANY RESIDENTIAL PROPERTY:
a. Hours of Operation: 5am – 10pm
b. Maximum Sound Levels for Existing Equipment: Follow city of Sacramento’s most updated city guidelines
c. Maximum Sound Levels for New Equipment: Follow city of Sacramento’s most updated guidelines

16.USE OF CHEMICALS

16.01 All work involving the use of chemicals shall be in compliance with all Federal, State and County laws. The Contractor shall have an employee who has a State of California Agricultural Pest Control Business License or Maintenance Gardener Business License and who is registered with the Sacramento County Agricultural Commissioner.

16.02 Contractor may subcontract herbicides and pesticide work with the written authorization of the Inspector, and the understanding that as the primary Contractor, they shall be liable for all work of the subcontractor including damages should they occur. Contractor shall provide copies of appropriate permits, licenses, registrations and Pest Control Advisor Site Recommendations to the City Inspector before any pesticides and herbicides are used.

16.03 Pest Control Advisor site recommendations for each chemical or combination of chemicals for each site must be turned into the Inspector, twenty-one (21) calendar days after contract award at no additional cost to City. Should an unforeseen chemical application be necessary, a Pest Control Advisor's recommendation shall be submitted the Inspector (14) days prior to its use.

16.04 All chemical applications shall be done with extreme care to avoid any hazard to any person, pet or damage to property in the area. All spraying shall be done when air currents are still to limit drift to six (6") inches.

16.05 Records of all operations stating dates, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of two (2) years by the Contractor. These records must be available for review upon request from the Inspector, County, State or Federal Officers.

16.06 The monthly reports of all chemical operations stating dates, times, methods of application, chemical formulations, applicators name and weather conditions shall be made available to the City within 15-days of request (see Attachment A4 - Pesticide Use Report).

16.07 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's office and a permit obtained with a copy to the City. A Pest Control Advisors recommendation must be on file with the Inspector prior to use of special permit chemicals.

16.08 The Landscape Contractor shall provide the Inspector with a list of all pesticides, herbicides, fungicides, and fertilizers to be used for approval as part of the City of Sacramento Integrated Pest Management (1PM) program.

IIMAINTENANCE SPECIFICATIONS II
SECTION 1: TURF CARE- MOWING AND IRRIGATION

17.TURF/MOWING OPERATION

17.01 Turf shall be maintained at heights of no less than 1.5 inches and should not be greater than two inches (2") year round. This will require at least weekly mowing except for the period of November 1 through February 14, during which time mowing will be required every two weeks (or as needed, depending upon growing conditions). If the Inspector observes during the winter months an uneven height that presents a poor appearance, the Contractor shall mow the turf additional times as required to maintain the smooth appearance.

17.02 Before mowing operation begins, all debris including stones and limbs shall be removed.

17.03 Mowing shall be done on the same scheduled service day each week.

17.04 Walkways and gutters, etc. shall be cleaned immediately following each mowing/edging. All grass clippings shall be collected and removed from the site and disposed of at an appropriate landfill on the same day the area is mowed and edged.

17.05 Turf areas will be maintained weed free as ornamental turf. Weeds shall not be allowed to exceed four (4) inches in height. Contractor may use a pre-emergent weed control method with prior approval of Inspector.

Contractor may be required by Inspector to hand pull weeds if needed.

Contractor may use chemical controls for weed, insect, fungus with prior approval of Inspector.

17.06 All turf areas shall be fertilized with a balanced product every other month (six times a year) unless otherwise directed by the Inspector.

Commercial fertilizer shall be a standard uniform pelleted form and shall comply with the chemical analysis as specified 16-6-8 or as agreed upon by City, and shall be of a slow release variety. Fertilizer is to be applied according to manufacturer's recommended number of pounds per acre. Contractor shall provide all materials, equipment and labor.

The City shall be notified two weeks prior to the expected date of application, which the City will monitor accordingly. Fertilizer shall be removed from paved surfacing immediately following application and prior to watering. The Contractor shall provide an annual fertilization schedule to the Inspector.

17.07 HAND MOWING
Hand mowing shall be performed for all turfed areas where large mowers are unable to perform. Hand mowing from November 1st to February 14thwill depend on growing conditions.

17.08 Only mowers and other equipment made specifically for turf are allowed. Trucks and other non-turf specific equipment and vehicles are not allowed on turf areas.

18.EDGING

18.01 MECHANICAL EDGING
The most visible areas (i.e. adjacent to hard borders) shall be mechanically edged as needed per the Inspector's direction.

18.02 CHEMICAL EDGING
a. Where trees and shrubs occur in turf areas, all grass growth shall be limited to at least eighteen inches (18") from the trunk of trees and away from the drip line of shrubs by use of approved chemicals.
b. Linear chemical edging of turf boundaries shall be performed in a manner that ensures a defined turf edge and limits its encroachment into beds or across boundaries where it is impractical to edge mechanically. Chemical edging of turf boundaries shall not exceed four inches (4") in width along curbs and sidewalks. Sites where chemical edging is
acceptable will be on the Maintenance Performance Schedule (see Attachment A1).
c. The Inspector must approve all linear chemical edging and/or detailing, prior to its use.
d. Chemical detailing of valve boxes, meter boxes, and similar small obstacles shall be performed in a manner that ensures operability, ease of location and/or a clean appearance and shall not exceed a six inch (6") clearance or as otherwise specified.

19.WEED CONTROL

19.01 All landscaped areas within the specified maintenance area including but not limited to lawns, planter beds, tree wells and hard surfaces shall be kept free of weeds at all time, i.e., complete removal of all

weed growth on a continuing basis as weeds appear, weed removal each 30 days is not acceptable. For the purpose of this specification, a weed will be considered "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical or chemical methods.

The Inspector may restrict the use of chemical weed control in certain areas.

19.02 Weeding shall also include the removal of weeds growing in all paved or unpaved surfaces within maintenance boundaries.

19.03 All buildings, light standards, tree wells, and wall structures shall be free of any plant growth (6" clearance). Chemicals may be used upon receiving prior approval. All quick couplers, valves, electrical boxes and sewer clean outs shall be edged or sprayed in a manner that will provide easy location and access.

19.04 CHEMICAL WEED ABATEMENT
a. Lawns shall be kept reasonably free of weeds. Weeding may be done manually or by use of selective weed killers. Extreme caution shall be exercised if selective weed killers are used so as to not damage other plant material. If spraying is done, it shall only be done at times when there is no wind. No spray shall be used if detrimental to fish or animal life.
b. Chemical weed abatement shall be used in and around areas such as planters, areas adjacent to buildings, trees, fence lines, paved and unpaved surfaces (decomposed granite walkways, etc.) etc. Prior to application of chemicals, all areas shall be trimmed to proper mowing height.
c. A pre-emergent application shall be applied to shrub beds, tree wells, borders, etc. as appropriate. The Inspector must approve all pre- and post-emergent products before application by the Contractor.
d. Insects and diseases shall be controlled by the use of approved insecticides and fungicides. Material, timing, rate of application, and application shall be supervised by a licensed Pest Control Operator.
e. Spot treat with a portable sprayer or wick wand using an effective herbicide applying per manufacturer's recommendation. Water shall not be applied to treated areas for twenty-four (24) hours after each application.
f. No contact weed control chemical may be used in flowerbeds after they have been planted for the season. Appropriate

mulches are encouraged, but must be aesthetically compatible and not physically or chemically harmful. g.Weeds treated with a contact weed chemical shall be left in placea minimum of seven (7) calendar days. If kill is not complete, asecond application shall be applied. h.Weeds treated using a systemic chemical shall be left in place permanufacturer's recommendation. If kill is not complete by thetime specified in the manufacturer's recommendation, a secondapplication should be applied. i.After a complete kill, remaining dead weeds shall be removedfrom the area and disposed of offsite and at an appropriatelandfill.20.IRRIGATION

20.01 All landscaped and turf areas shall be irrigated as required to maintain adequate growth, health and appearance regardless of plant types, or soil condition. The delivery of adequate moisture shall include but not limited to hand watering, operation of manual valves, automatic controllers, bleed valves and truck watering. Watering shall be done at night or in early morning to insure minimum inconvenience to the public. Water shall be regulated to avoid excessively wet or waterlogged areas causing: a decline in plant health, preventing turf mowing, excessive water run off onto streets and/or private property. Hand watering may be necessary on some sites and shall be performed as required. Water conservation and water restrictions are to be considered at all times. Contractor must follow all water guidelines at all times.

20.02The Contractor shall provide hoses, nozzles and sprinklers for hand watering.

20.03 A qualified irrigation specialist is required to be on the Contractor's staff, available to perform the services required under the specifications of this contract, including a weekly check of all irrigation equipment. Minimum qualifications should include a complete knowledge of automatic irrigation system installation, maintenance and repair, state-of-the-art electronic irrigation controllers, and the ability to recognize changing soil conditions, turf diseases, and drainage problems.

20.04 Contractor is responsible for setting and programming of all automatic irrigation systems. It is the Contractor's responsibility to check all sprinklers and controllers weekly for proper operation. Necessary adjustments are the responsibility of the Contractor. All sprinkler

heads are to be adjusted as necessary for unimpeded coverage and to minimize over-spray and water waste.

20.05 If a condition such as controller breakdown, electrical problems or battery failure prevents automatic irrigation, other irrigation methods shall be used if and when necessary, until repairs have been authorized and completed.

20.06 The Contractor shall maintain all sprinkler systems at no additional cost to the City, in such a way as to guarantee proper coverage and full working capability. The Contractor is responsible for repairing and/or replacing, at no additional cost to the City, any damaged irrigation system components downstream of main shut off valve including, the solenoid valve.

20.07Any plant material lost due to failure of Contractor to assure proper operation of irrigation systems shall be the responsibility of the Contractor to replace.21.IRRIGATION SYSTEM MAINTENANCE AND TESTING

21.01 Contractor and its employees shall weekly inspect and bi-monthly test all irrigation system components including sprinklers, drip emitters, valves and irrigation controllers for system operability, component malfunctions, and adjust controller schedules to address weather changes and irrigation requirements. Contractor shall maintain a log of all of their findings during their bi-monthly tests for each site, and these logs shall be kept at each site next to the irrigation time clocks. Reports from these logs shall be submitted to the Inspector within 5 . days of the inspection.

21.02 Contractor shall set and program automatic controllers for seasonal watering requirements. Within thirty (30) days after contract award, an irrigation plot map of the entire system at each site shall be prepared by the Contractor and placed in the irrigation control box and a copy given to the inspector.

21.03 Testing shall be done in the following manner:
a.From the controller, set each station and check all componentsof the system every two weeks. Maintain controller so stationsrun in sequence. Failure to test irrigation may result in anunsatisfactory or failure to comply rating. b. Adjust all sprinkler heads for direction and height for proper coverage and to minimize overspray and water waste.
c.Unplug all clogged heads, flush lines free of rocks, mud anddebris.

d.All malfunctions/damage shall be reported to Inspector withestimate for repairs and, upon authorization, repairs shall becompleted. e. In addition to biweekly testing, all irrigation systems shall be tested and/or inspected as necessary when damage or
malfunction is observed and/or reported.

21.04 Contractor shall carry and maintain a supply of irrigation components such as sprinklers and solenoids, etc. each time site is serviced.

21.05 Contractor is responsible for all routine irrigation adjustments and repairs at no additional charge to the City. Routine irrigation repair is defined as malfunction or broken sprinklers, solenoids, valves, risers and drip- system components. To clarify: Contractor is responsible for repairing and/or replacing, at no additional cost to the City, any damaged irrigation system component(s) from, and including, solenoid valve, downstream to sprinkler. City is responsible from water main to, but not including, the solenoid valve.

21.06 Should major irrigation repair be required, upon approval of the Inspector, the actual repair and/or replacement shall be done according to the rates specified in current agreement. Major irrigation repair is defined as repairs or replacement of the irrigation systems main lines, lateral lines, main line valves and controllers.

21.07 Any plant material lost due to failure of Contractor to assure proper operation of irrigation systems shall be the responsibility of the Contractor to replace.

21.08 Brass or bronze sprinklers or valves shall not be removed/replaced without the written authorization of the Inspector. Once authorized for replacement, all brass and bronze sprinklers, valves or parts, with the exception of galvanized pipe, shall be turned in to Inspector.

SECTION 2: CLEAN-UP AND INSPECTION

22.LITTER CONTROL

22.01 Complete policing and litter pick-up for the removal of paper, glass, trash, limbs, undesirable materials, and other accumulated debris within the landscape areas to be maintained including, but not limited to, walkways, sidewalks, all turf and planted areas, planters, drains, catch basins, and gutters will be done each time site is serviced.

22.02 Complete policing, litter pickup and supplemental hand sweeping of areas inaccessible to power equipment shall be accomplished to ensure a neat appearance.

22.03 All litter and debris occurring as a result of Contractor's operations shall be removed from the maintenance sites immediately following such operations. All litter and debris shall be picked up every time site is serviced and is to be disposed of offsite and taken to an appropriate landfill.

23.LEAF REMOVAL
Accumulation of leaves from all landscaped areas including walls, gutters, beds, hardscape and planters shall be removed from the site as needed. This includes leaves trapped beneath shrubs. Some sites may require additional visits during leaf season.

24.TREE PRUNING1 STAKING AND TYING

24.01 Contractor is to perform tree pruning up to 15 feet to maintain a safe site condition. Contractor shall prune all dead limbs. City will be responsible for all major tree trimming and pruning over 15 feet in height.

24.02 Replace missing or damaged stakes within seven (7) calendar days where the tree diameter is less than three inches (3") Diameter Breast Height (D.B.H.), and the height defined as four feet (4'), unless tree is self-supporting in all weather conditions.

24.03 Recently planted trees shall be properly staked at all times until three inch (3") D.B.H. or it is self-supporting in all weather conditions. Stakes shall be of adequate length so that trees will be tied in an upright position.

24.04 The Contractor shall maintain existing stakes and ties, providing replacements as needed, on all young trees until such time as they are

no longer needed for support. The Contractor shall remove the stakes at this time, at no additional cost. Special care shall be taken to avoid any damage to tree trunks or branches by ties and stakes. Staked trees shall be inspected weekly to prevent such damage.

24.05 Materials:
a. Tree stakes, two (2) per tree, shall be pentachlorophenol treated pine lodge pole not less than six feet (6') in length for five (5) gallon size trees not less than eight feet (8') for fifteen (15) gallon trees. Some trees may require ten foot (10') stakes. b. Guy wires where required and plant ties will be of pliable, zinc- coated ten (10) gauge wire using two (2) or four (4) ties per tree. c. Hose for covering wire shall be either new or used garden hose at least one-half inch (1/2") in diameter (hose ties should allow for minimum of three additional inches (3") of clearance beyond the diameter of the branch or trunk being secured).
d. Cinch ties or equal with UV inhibitors may be used.
e. Stakes will not be placed closer than eight inches (8") from the bark, nor shall stakes go through the root ball.

24.06 Holes left from the removal of trees stakes shall be filled in using top soil within fourteen (14) working days.

25.HEDGE AND SHRUB PRUNING AND CARE

25.01 Clearance on Hedges and Shrubs
a. Prune hedges and shrubs to maintain eight foot (8') clearance above sidewalks and fourteen foot (14') clearance overhanging beyond curb line into the paved sections of roadways to achieve safe vehicular and pedestrian visibility and clearance and to prevent or eliminate hazardous situations.
b. Remove all dead, diseased and unsightly branches. Remove all vines or other growth as it develops within the shrubs/hedge. Any runners that start to climb buildings, shrubs or trees shall be pruned out of these areas to maintain a minimum of 6"
clearance. Vines that cover sound walls are not to be removed unless directed to do so by Inspector.
c. All dead shrubs shall be removed. Notify Inspector of shrubs removal prior to removal.

d. Restrict growth of hedges and shrubs to areas behind curbs and walkways and within planter beds by trimming. Under no
circumstances shall hedge shears be used as a means of
pruning unless prior authorization from the Inspector has been obtained.
e. All pruning cuts shall be smooth, leaving no stubs exposed.

Ragged or chewed appearance is not acceptable.

25.02 Pruning Frequency: One (1) to four (4) times per year or more often as needed depending upon the growth patterns of the plant species and location in question (see Attachment A1 - Maintenance Performance Schedule).

25.03 Fertilizer shall be a complete pellet type, with appropriate amounts of nitrogen, phosphorus, potassium and trace elements and approved by the Inspector.

26.GROUND COVER

26.01 Ground cover shall be kept free of weeds litter, debris and leaves.

Ground cover shall not exceed three inch (3") beyond the inside side edge of the curb or border and 6" from any building.

26.02 Fertilizer shall be a complete pellet type, with appropriate amounts of nitrogen, phosphorus, potassium and trace elements and approved by the Inspector.

27.HAZARDS1 VANDALISM
Hazards, such as broken benches, graffiti, pot holes on grounds, standing water, ropes tied to tree limbs, excavations, and unsecured material, such as wood, wire, metal, etc., shall be immediately secured and/or posted with suitable warning signs to protect the public. Immediately upon securing and/or posting, notify the Inspector or designee of the condition. Upon approval of the Inspector or designee, the Contractor shall make necessary repairs or remedies.

SECTION 3: ADDITIONAL LANDSCAPE SERVICES

28.AERATION

28.01 Aerate all turf areas by using a device that removes cores to a depth of two inches (2") at not more than six-inch (6") spacing and shall be done three (3) days before fertilizer application. All cores shall be removed from the turf and disposed of offsite or thoroughly pulverized within twenty-four (24) hours after aerating.

28.02All Irrigation heads shall be flagged prior to aeration.29.TURF RENOVATION

29.01 Use vertical mowing to renovate to the soil line and remove all excessive thatch in turf area as required by the Inspector.

29.02 After thatch is removed and upon completion of turf renovation all turf areas shall be over seeded, mulched and watered.

29.03 Areas that are below grade shall be filled in and leveled before over seeding.

29.04 Unless otherwise directed by the Inspector, general turf areas shall be seeded with a 90% Dwarf Fescue/10% Blue seed mix. Newly seeded areas are to be seeded with 12 pounds of seed per 1,000 square feet and over seeded with 5 pounds of seed per 1,000 square feet. Seed shall be applied using a broadcast or drill seed application technique.

29.05 Unless otherwise directed by the Inspector, sports fields shall be seeded with 90% Rye/10% Blue seed mix. Newly seeded areas are to be seeded with 8 pounds of seed per 1,000 square feet and over seeded with 3-5 pounds of seed per 1,000 square feet. Seed shall be applied using a broadcast or drill seed application technique.

29.06 Top dressing shall be done with golf course green grade top dressing sand at a rate of 1/8 inch.

29.07 Gypsum shall be applied at a rate of 20 pounds per 1,000 square feet.

29.08 Renovation shall be finished with starter fertilizer at a rate of 1/2 pounds nitrogen per 1,000 square feet.

29.09 Mulch shall be spread evenly over the entire area to a uniform depth.

30.VERTICAL MOWING
Vertical mowing shall be on an as needed basis for vine health and growth and shall be scheduled as required by the Inspector. Sweep or rake the dislodged thatch from the vine areas and immediately removed from the site and disposed of at an appropriate landfill.

31.UNDEVELOPED SITES AND OPEN SPACE
Weed abatement shall be done as directed by the Inspector or designee.

32.MAINTENANCE SCHEDULES
The Contractor shall submit the following schedules within five (5) workdays after contract is fully executed.

32.01 Contractor's Service Schedule: This Schedule (Attachment A2) indicates the specific day(s) of the week when items of work shall be accomplished pursuant to the requirements specified in the Maintenance Performance Schedule (see Attachment A1). Schedule shall include irrigation testing day of the week and approximate time irrigation test will be in progress.

32.02 Site Fertilizer Schedule: The Contractor shall provide an annual fertilization schedule to the Inspector. Contractor shall indicate on the Site Fertilizer Schedule the two-week (2) period under the month(s) when each site shall be fertilized for turf, and tress/shrubs, as indicated in the Maintenance Performance Schedule (see Attachment A1).

32.03 Site Aeration/Renovation Schedule: The Contractor shall provide an annual renovation schedule to the Inspector. Contractor shall indicate on the Site Renovation Schedule the estimated dates that each site will be aerated and renovated as indicated in the Maintenance Performance Schedule (see Attachment A1).

32.04 Changes to the above schedules by the Contractor must be submitted in writing and approved by the Inspector at least five (5) working days prior to any changes being implemented A temporary change to the daily service schedule must be called into the Inspector by 7:30 a.m. the morning of the change.

Attachment 1
Maintenance Performance Schedule

Turf I Lawn
Mow turf areas
Edge turf areas (mechanical) Edge turf areas (chemical)Blowing of turf and Hardscape areas Ground Cover
Maintain edges, trim and shape
Shrubs
Maintain edges, prune, and shapeWeed Control
Weed abatement (mechanical)
Weed abatement (chemical)
Trees - Ground and Containers
Low-level pruning
Planters and Containers
Maintain plants' shape, trim and remove dead blooms/leaves Inspect and water
Leaf Removal
Mechanical or hand rake
Irrigation
Inspect
Test Repair
Litter ControlRemove all litter and debris
Inspection
Inspect each site by Contractor
Inspect each site with City Inspector
Weekly
Weekly
As needed Weekly
Weekly
1x every other month
Weekly
Weekly
Annually or as needed
Weekly
Weekly
Weekly
Weekly
1x every other month
As needed
Weekly
Weekly
Monthly

Attachment 1
Maintenance Performance Schedule

Additional Services:

LawnAerate
Re-seed
Fill in low areasGround Cover
Cultivate soil Replace bark
Shrubs
Cultivate soil
Trees
Fertilize and pest/disease control
Biannual or as needed As needed
As needed
As needed
As needed
As needed
Planters and Containers Cultivate surrounding soil Replace bark Replace/plant new plantsFertilize and Pest/Disease Control Weed Control Weed abatement (mechanical)
Weed abatement (chemical)
As needed As directed As directed As needed
As needed
As needed

Attachment
Site Map

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1

EXHIBIT B

PAYMENT
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 $ 10,000.00. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.

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.

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.

Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.

Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.

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.

Invoices must be submitted to either of the addresses specified below.

Email. Submit email invoices and any attachments to:
[email protected]
Postal Mail. If emailing is not an option, mail to:

A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
All invoices submitted by CONTRACTOR must contain the following information:

Job/Project Name
CITY’s current Purchase Order Number
Contractor’s Invoice Number
Date of Invoice Issuance
Work Order Number (if applicable)
CITY representative identified on the Purchase Order
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 Contractor shall 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 C

INSURANCE

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: activities performed by or on behalf of Contractor and subcontractors; products and completed operations 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, Contractor certifies 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 D

GENERAL CONDITIONS

1. 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 Hazardous Substances 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 any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify 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 obligations to 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 a declared 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 the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor'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 Contract will be covered by the industry standard or better warranty.

B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and 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 and inure 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 the Regulations, 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 Contractor complies;
(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 Contractor becomes 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.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8

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.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9

27. Debarment Certification
A. 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.

Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #:

CONTRACT NAME: Additional Landscaping Services Convention Center & Performing Arts District CONTRACT PROJECT #: Bid # B24171121001
DEPARTMENT: Convention & Cultural Services
DIVISION: Convention Center

CITY OF SACRAMENTO

NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACTis made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
EMTS, Inc. dba Elite Maintenance & Tree Services
2972 Larkin Ave., Clovis, CA 93612
Phone: 559-292-2900/E-mail:[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 City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.

Form Approved by City Attorney 9-1-2020 Page 2
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.

Access to be granted to the SAFE Credit Union Convention Center and Performing Arts District grounds for the purpose of landscaping services.

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 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 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 applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts 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 this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("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 these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. 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 3.60 and include these requirements in all subcontracts covered by Sacramento City 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 and equitable 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:

Mark Quartarolo/Events Service Manager
1401 K Street, Sacramento, CA 95814
Phone:916-808-5481/E-mail: [email protected] The CONTRACTOR Representative for this Agreement is:

Alejandro Castaneda/Project Coordinator
2972 Larkin Ave., Clovis, CA 93612
Phone: 559-649-9613/E-mail: [email protected] Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining 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 a term beginning upon fully executed agreement through July 22, 2029. 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.

CITY OF SACRAMENTO
SAFE Credit Union Convention
and Performing Arts

LANDSCAPE MAINTENANCE SERVICES

GENERAL SPECIFICATIONS AND PROVISIONS
May 2024

CITY OF SACRAMENTO
SAFE Credit Union Convention
and Performing Arts

LANDSCAPE MAINTENANCE SERVICES

GENERAL SPECIFICATIONS AND PROVISIONS

TABLE OF CONTENTS

SERVICES TO BE PROVIDED
General Procedures 3
Maintenance Specifications 15
Section 1: Turf Care - Mowing and Irrigation 15
Section 2: Clean-Up and Inspection 21
Section 3: Additional Landscape Services 24
Attachments:
26 28
Attachment A1 - Maintenance Performance Schedule
Attachment A - Site Map

SERVICES TO BE PROVIDED

GENERAL PROCEDURES

SERVICES
Services may include, but will not be limited to the following: mowing and edging; approved watering landscape plants; fertilizer application; weed, pest and disease control; approved method and techniques used for pruning shrubs and trees; chemical controls, turf aerification; trash, leaf and debris control; ground cover care; irrigation systems maintenance; tree staking; immediate reporting of vandalism and/or safety hazards to Inspector. It will be the Contractor's responsibility, without further direction from the City, to meet all contract requirements in this agreement.

1.GENERAL WORK REQUIREMENTS

1.01 1.02

1.03 1.04
Work to be performed comprises general horticultural maintenance, the operation of manual and automatic irrigation, cleanup of landscape areas as designated in the attached list of locations and, when necessary, repairs of irrigation systems and replacement of pl9nt materials. Requirements vary by location depending upon the landscaping present. No irrigation modifications or vandalism repairs or plant material replacements are to be made without prior approval of the Landscape Inspector (City representative).

The work to be performed shall be by a Landscape Maintenance Contractor, licensed by the State of California with a C27 license, insured and bonded to do business in the City of Sacramento.

Contractor shall have at least two (4) years actual experience in providing landscape maintenance services for commercial and/or governmental entities.

It is the Contractor's responsibility, without further direction from the Inspector (except as specified herein), to assure all work is being done per specifications. Contractor shall inspect every site a minimum of once per week, regardless of minimum requirements stated on the Maintenance Performance Schedule (see Attachment A1).

The Contractor will be required to have a twenty four (24) hour emergency phone number where he/she can be reached with no more than a sixty (60) minute delay in call back time. Once notified Contractor shall respond to an emergency within six (4) hours.

1.05 1.06

1.07 1.08

1.09 1.10

1.11 1.12

1.13 Contractor shall have fully trained and competent employees who can use power equipment safely, prune trees and shrubs and install plants.

The installation of plant materials will be in accordance with the techniques as defined in the current edition of the "Sunset Western Garden Book." Any plant material installed by Contractor shall have a 60-day warrantee period.

The Contractor must have a full time employee who can competently work on irrigation systems, including the testing, rebuilding and/or replacement of valves, controllers and main irrigation line breaks.

The Contractor shall have a full time staff employee who has a valid Agricultural Pest Control license or Maintenance Gardeners license and who is registered at all times with the Sacramento County Agriculture Commissioner.

The Inspector will make regular inspections of contract sites. Contractor shall meet as required with the Inspector (see Attachmen_t A1) to review a Landscape Maintenance Inspection Report (see Attachment A4) and visit any sites deemed necessary for review with Inspector.

Contractor shall be aware of and shall comply with City ordinances governing landscape maintenance work as applicable to individual locations being maintained.

The Contractor shall be responsible for maintaining local property access and access to existing public cross-streets within the limits of this contract.

The Contractor shall be responsible for the safety of traffic, and within the project limits and on the approaches to the project.

The Contractor shall provide 24-hour advance notification to the Inspector of any property location to which the existing access will be closed for a period of time exceeding two (2) hours. Notification may be verbal to the occupant of the property or by written notice by mail or email to the inspector.

Should lane closures .be necessary during the term of this agreement, Contractor will obtain the necessary permits and equipment at no additional charge to the City. Lane closure shall not be allowed without the proper use of advance warning devices, signs and flag person(s) in conformance to these provisions. At the completion of each working day, all existing lanes of traffic shall be open to traffic. Provisions must be made for the uninterrupted passage of emergency vehicles through the work site at all times, regardless of the controlled traffic conditions existing at that time.

1.14The Contractor shall do all traffic lane closure work as specified herein at no additional cost to the City.

1.15 For information and to obtain permits for lane closures contact the City Traffic Engineer.2.DESCRIPTION OF WORK

2.012.02

2.03 a.b.C.

Area/Maintenance Service Changes - The City reserves the right to add, delete or change areas and/or maintenance services under this contract and may do so upon giving written notification to Contractor. If these changes cause an increase or a reduction in the maintenance costs of this contract, said costs shall be readjusted and, when agreed upon, incorporated into this contract. Contractor shall receive documentation from the Project Manager regarding any amendments.

The City reserves the right to provide the Contractor with supplies and materials such as irrigation components and plant materials, which the Contractor shall install at the hourly rate bid.

A general Maintenance Performance Schedule is provided and is incorporated into this agreement (see Attachment A1). Individual maintenance activities shall conform to the following standards:The Contractor shall maintain the landscape area in a clean, healthy and well groomed condition. All of the Contractor's work shall be performed in a professional manner, using equipment in good condition and quality materials.

Contractor shall provide the labor, materials, transportation and equipment necessary in order to provide landscape maintenance services as specified. Contractor shall provide a level of service at whatever frequency is necessary in order to provide the professional services expected, even if the frequency of service exceeds the minimum required by the City.

It is required that Contractor inspects each landscape site at a minimum of once per week.

Contractor is hereby required to render and provide landscape and grounds maintenance services including, but not limited to, the maintenance of turf, ground cover, the pruning of trees and shrubs; removal of litter, leaves and debris from the entire site and dispose at an appropriate landfill; provide weed, disease and pest control; fertilizer applications; operate and maintaining specified components of irrigation systems and the maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by the City, as set forth herein.Typical areas to be maintained are defined as:

Landscape for City Buildings: for entire area as detailed in the Maintenance Performance Schedule (Attachment A1)
d. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, turf areas, trees or shrubs. Any debris or litter which collects as a result of inclement weather or flooding, shall be removed during the next scheduled service day.
e. The Contractor recognizes that, during the course of this Agreement, other activities and operations may be conducted by City and/or other contracted parties. These activities may include, but not be limited to, .events held at the facilities, landscape refurbishment, irrigation system modification or repair, construction and/or storm related operations. The Contractor may be required to modify or curtail certain of its operations and shall promptly comply with any request therefore by the Inspector.

To the extent that any such modifications may alter the specifications in the agreement, the City will evaluate the need to amend the contract. f. If a scheduled service day falls on a Federal, State or City holiday, Contractor must provide scheduled service within two days before or after the holiday unless other arrangements have been approved by Inspector.
g. In case of equipment failure, Contractor will schedule services within two days of said failure upon approval of Inspector.
h. The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirements to notify the Inspector for specialty type maintenance as set forth Section 2.04 or, in the Contractor's Service Schedule as set forth in Section 9.02.

2.04 Contractor shall notify the Inspector within 48 hours prior to the date and time of all "Specialty Type" maintenance operations as listed in the annual schedule. "Specialty Type" operations are defined below as:
a.Turf renovation/aeration/reseeding
b.Micro-nutrients/soil amendments
c.Use of pesticide/herbicide control chemicals
d.Other items as determined by the Inspector

3.SITES TO BE MAINTAINED

3.01 Landscape Services to be provided by Contractor in the following locations:
a.
b.

SAFE Credit Union Convention Center and SAFE Credit Union Performing Arts Center - All out-door landscaping on the grounds within the blocks surrounded by "J" Street to the North, 13th Street between "J" and "L" Streets to the West, "L" Street between 13th and 14th Street to the South, 14th Street between "L" and "K" Streets to the East, "K" Street between 14th and 15th Streets to the South, and 15th Street between "K" and "J" Streets. (See diagram for further clarification, Attachment A3.) Contractor responsible for landscape maintenance within the designated area defined above, including the second and third terrace levels of the Convention Center building. Contractor is responsible for all landscaping not to exceed fifteen (15) feet in height.

Memorial Auditorium grounds - All out-door landscaping on grounds within the block surrounded by "I" Street to the North, "J" Street to the South, 15th Street to the West, and 16th Street to the East. Contractor is responsible for all landscaping not to exceed fifteen (15) feet in height including any plants in pottery containers.

3.02 The sites to be maintained under the provisions of this Agreement will be examined by the Contractor prior to submitting a bid. The Contractor will be initially accepting each service area in their present physical condition. In addition, no further demands may be made by the Contractor for additional service fees due to the lack of understanding concerning the specifications and scope of work described herein.

3.03 The Contractor shall take adequate measures to insure that their operations do not harm any existing underground facilities. The toll- free number for Underground Service Alert (U.S.A.) is (800) 227-2600. The Contractor is required to call this number two working days in advance of performing excavation work.

4.UNSCHEDULED / EXTRA WORK

4.01 All extra work must be authorized by the Inspector. The Inspector may authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work

arises. Should such repairs or replacements be necessary as a result of Contractor's negligence, Contractor will be responsible for completing such repairs or replacing damaged property at no additional cost to the City.

4.02 Contractor may not change the regular maintenance schedule or work force to perform unscheduled/extra work unless authorized by the Inspector.

4.03 In order to be considered for extra work projects both in and outside of their contracted sites, the Contractor must maintain their landscape maintenance sites in a manner that meets or exceeds City Standards for landscape maintenance. In all cases the Inspector will determine standards.

4.04 Prior to performing any additional work, the Contractor shall give a verbal or written estimate of labor and materials to the Inspector. No work shall commence without a verbal or written estimate. Within forty-eight (48) hours of verbal or written authorization from Inspector, Contractor shall submit a written estimate
Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within forty-eight (48) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Inspector for approval.

4.05 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted.

5.FAILURE TO PERFORM

5.01 Contractor will receive from the Inspector a "Landscape Maintenance Inspection Report" each month or as otherwise specified in Attachment A1. This form will clearly indicate the work performance of Contractor at the site locations under the terms and conditions of this contract.

5.02 If Contractor or his representative fails to perform in accordance with the terms and conditions of this contract, the Inspector will document the problems requiring correction on the "Landscape Maintenance Inspection Report" form, which will serve as written notice to the Contractor regarding said deficiencies. A "needs improvement" rating, will require the Contractor to correct any stated deficiencies within seven (7) calendar days or as otherwise specified by the Inspector. An "unsatisfactory" rating will require the Contractor to

correct any stated deficiencies within five (5) calendar days or as otherwise specified by the Inspector. Upon receiving two consecutive ratings of "unsatisfactory" performance on the inspection report, a formal letter of "Failure to Comply" will be issued and only the maintenance services that were completed to the satisfaction of the Project Manager will be paid to the Contractor based on the Schedule of Values approved by the City for that month. A "Failure to Comply" rating represents a final warning. The City may at this time cancel the contract unless the Contractor corrects any remaining deficiencies within 24 hours or as otherwise specified by the Inspector. Under this contract, should a Contractor receive more than two "unsatisfactory" inspection report warnings within a 90-day time span, a letter of "failure to comply" may be issued. If two letters of "failure to comply" are issued within a 180-day time span, the City may immediately terminate the contract without further notice. The warnings may not necessarily be for related deficiencies. The City may further, at its sole discretion, contract with another landscape contractor or complete the work itself in order to affect the necessary repairs. Once the repairs are initiated by another contractor or by the City, the work in progress will not be terminated. Contractor may be required to pay to the City or have deducted monies due by the City, the amount required to correct the deficiencies. In the event of a termination due to Contractor's lack of performance, the Contractor may be precluded from bidding for up to 5 years from the date of termination. Notwithstanding the above, the City may terminate this contract with a 30-day formal written notice.

5.03 In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination; and Contractor and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services.

6.DAMAGE CAUSED BY CONTRACTOR

6.01 Any damage to either the City or private property that was caused by the Contractor shall be repaired or replaced at the Contractor's expense. Damages may be the result of, but not limited to:
a.Power equipment damage to trees, shrubs, turf and sprinklers. b.Pruning methods not consistent with City specifications. c.Over watering or under watering of plant materials.
d.Failure to make irrigation inspections, adjustments and repairs within schedules specified.
e.Chemical over spray or leaching, lack of chemical control.

6.02 All repairs or replacements shall be completed in accordance with the following maintenance practices:

a.Trees - Minor damage such as bark loss from impact of mowing equipment shall be checked by the City Arborist. If in the Arborist's judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced with equal at Contractors expense to comply with the specific instructions of the Inspector.
b.Shrubs - Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the lnspector.-
c.Chemicals - All plant damage resulting from chemical operation, either spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil reconditioned to insure its ability to support plant life. d.Irrigation Parts - Repair and replace all irrigation parts with same brand of like type and kind.

7.EMERGENCY AND COMPLAINTS RESPONSE

7.01 Whenever, in the City's opinion, immediate action is required to prevent impending injury, death or damage to private or City property being maintained under this contract, the City may, at its discretion attempt to contact the Contractor to affect the necessary repairs. Should the Contractor be unreachable or unable to respond, as specified in Item

1.04 of this agreement, the City may cause such action to be taken by the City work force and/or other contractors, and shall charge the cost thereof to the Contractor, or may deduct such cost from an amount due Contractor. Should it also be determined that the necessary repairs were due to the Contractor's lack of performance under the terms and conditions of this contract or through Contractor's negligence, the Contractor may be liable for all charges to effect such repairs.

7.02 All complaints shall be abated as soon as possible after notification; but in all cases within forty-eight (48) hours or as required by Inspector. If any complaint is not abated within forty-eight (48) hours, the Inspector shall be notified immediately of the reason for not abating the complaint, followed by a written report within five (5) days. If the complaints are not abated within the time specified and to the satisfaction of the Inspector, the total cost for eliminating the problem or completing necessary repairs will be deducted from the payments owing to the Contractor from the City.

8.SAFETY

8.01 Contractor agrees to accept the sole responsibility for complying at all times with local, County, State or other legal requirements including but not limited to full compliance with the terms of the applicable

O.S.H.A. and CAL O.S.H.A. Safety Orders, State traffic regulations for lane closures, so as to protect all persons, including employees from foreseeable injury, or damage to property.

8.02 It shall be the Contractor's responsibility to inspect and identify any conditions that render any portion of the maintenance area unsafe, as well as any unsafe practices occurring thereon. The Inspector shall be notified immediately of any unsafe condition that requires correction.

Contractor shall be responsible for making routine corrections such as, but not limited to: filling holes in all turf areas, along curbs, sidewalks, and paving, replacing valve box covers, and vehicular and pedestrian viability and clearance of trees and shrubs. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring in the maintenance area, including a complete written report thereof to the Inspector within five (5) days following the occurrence.

8.03 Contractor shall check concrete areas, sidewalks, curbs, brick and retaining walls, etc. for cracks, crevices and deterioration. Report any deterioration to Inspector immediately.

8.04 It shall be the Contractor's responsibility to supply all safety equipment and to educate their employees in the rules of safety.

9.HOURS AND DAYS OF MAINTENANCE SERVICES

9.01 Contractor shall perform the required maintenance services between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday.

9.02 Any modification in the hours and days of maintenance service as stated in the Contractor's Service Schedule is subject to approval by the Inspector. The Inspector shall be notified of any temporary change to the day's service schedule by no later than 7:30 AM the morning of the scheduled change.

10.CONTRACTOR'S STAFF AND EQUIPMENT

10.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified supervisor in the employ of the Contractor shall supervise all of the Contractor's maintenance personnel.

10.02 Supervision - Contractor shall provide a competent supervisor during all times that work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract.

Contractor shall furnish the names of all such supervisors to the Inspector prior to the commencement of a contract and further advise of any changes. Contractor's supervisor will be able to communicate verbally, in writing and in English, with the Inspector or City.

10.03 Dismissal of Unsatisfactory Employees - Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the Inspector, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. Contractor shall meet with the Inspector to consider the appropriate course of action with respect to such matters and Contractor shall take reasonable measures under the circumstances to assure the Inspector that the conduct and action of Contractor's employees will not be detrimental to the interest of the City of Sacramento and/or premises.

10.04 Contractor shall, at its own expense, establish an identification system for personnel assigned to the maintenance areas under this agreement which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services.

10.05 The Contractor shall require each of its employees to wear uniforms with the Contractors company name, proper shoes and other gear required by State Safety Regulations. If uniform shirts have buttons, they must be buttoned at all times. No advertisements or logos other than the Contractor's shall be on employees' uniforms. Contractor's employees shall be clean in appearance at the start of each workday.

10.06 Contractor shall possess adequate equipment inventory to satisfactorily perform services.

10.07 Contractor's vehicles shall be in good condition and shall have the company name and phone number clearly visible to the public at all times.

11.SIGNS/IMPROVEMENTS

11.01 Contractor shall not post signs or advertising material upon the site premises, unless prior approval therefore is obtained from the Inspector.

11.02 Contractor will remove all paper and cardboard signs from work site, including removal of signs from utility poles. Contractor will inform the Inspector about all wood or metal signs with a company name and phone number, which were found and left on the property.

12.UTILITIES
The City shall provide and pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the

Contractor and approved by the Inspector. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor as scheduled, irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage on the same site, for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Inspector prior to actual deductions to allow for explanations.

13.INTERFERENCE WITH PUBLIC USE
Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

14.STORAGE FACILITIES
City will not provide any storage facilities for Contractor's use.

15.LEAF BLOWER REQUIREMENT

15.01 OPERATION WITHIN 200 FEET OF ANY RESIDENTIAL PROPERTY a. Hours of Operation: Use of portable gasoline-powered blowers within 200 feet of any residential property is restricted to the hours of 9:00 A.M. to 6:00 P.M., Monday through Saturday and 10:00 A.M to 4: 00 P.M, on Sunday.
b. Maximum sound levels: Must meet the most updated City of Sacramento dBA levels and follow the guidelines on earliest times and latest times for dBA levels
c.

15.02 OPERATION MORE THAN 200 FEET FROM ANY RESIDENTIAL PROPERTY:
a. Hours of Operation: 5am – 10pm
b. Maximum Sound Levels for Existing Equipment: Follow city of Sacramento’s most updated city guidelines
c. Maximum Sound Levels for New Equipment: Follow city of Sacramento’s most updated guidelines

16.USE OF CHEMICALS

16.01 All work involving the use of chemicals shall be in compliance with all Federal, State and County laws. The Contractor shall have an employee who has a State of California Agricultural Pest Control Business License or Maintenance Gardener Business License and who is registered with the Sacramento County Agricultural Commissioner.

16.02 Contractor may subcontract herbicides and pesticide work with the written authorization of the Inspector, and the understanding that as the primary Contractor, they shall be liable for all work of the subcontractor including damages should they occur. Contractor shall provide copies of appropriate permits, licenses, registrations and Pest Control Advisor Site Recommendations to the City Inspector before any pesticides and herbicides are used.

16.03 Pest Control Advisor site recommendations for each chemical or combination of chemicals for each site must be turned into the Inspector, twenty-one (21) calendar days after contract award at no additional cost to City. Should an unforeseen chemical application be necessary, a Pest Control Advisor's recommendation shall be submitted the Inspector (14) days prior to its use.

16.04 All chemical applications shall be done with extreme care to avoid any hazard to any person, pet or damage to property in the area. All spraying shall be done when air currents are still to limit drift to six (6") inches.

16.05 Records of all operations stating dates, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of two (2) years by the Contractor. These records must be available for review upon request from the Inspector, County, State or Federal Officers.

16.06 The monthly reports of all chemical operations stating dates, times, methods of application, chemical formulations, applicators name and weather conditions shall be made available to the City within 15-days of request (see Attachment A4 - Pesticide Use Report).

16.07 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's office and a permit obtained with a copy to the City. A Pest Control Advisors recommendation must be on file with the Inspector prior to use of special permit chemicals.

16.08 The Landscape Contractor shall provide the Inspector with a list of all pesticides, herbicides, fungicides, and fertilizers to be used for approval as part of the City of Sacramento Integrated Pest Management (1PM) program.

IIMAINTENANCE SPECIFICATIONS II
SECTION 1: TURF CARE- MOWING AND IRRIGATION

17.TURF/MOWING OPERATION

17.01 Turf shall be maintained at heights of no less than 1.5 inches and should not be greater than two inches (2") year round. This will require at least weekly mowing except for the period of November 1 through February 14, during which time mowing will be required every two weeks (or as needed, depending upon growing conditions). If the Inspector observes during the winter months an uneven height that presents a poor appearance, the Contractor shall mow the turf additional times as required to maintain the smooth appearance.

17.02 Before mowing operation begins, all debris including stones and limbs shall be removed.

17.03 Mowing shall be done on the same scheduled service day each week.

17.04 Walkways and gutters, etc. shall be cleaned immediately following each mowing/edging. All grass clippings shall be collected and removed from the site and disposed of at an appropriate landfill on the same day the area is mowed and edged.

17.05 Turf areas will be maintained weed free as ornamental turf. Weeds shall not be allowed to exceed four (4) inches in height. Contractor may use a pre-emergent weed control method with prior approval of Inspector.

Contractor may be required by Inspector to hand pull weeds if needed.

Contractor may use chemical controls for weed, insect, fungus with prior approval of Inspector.

17.06 All turf areas shall be fertilized with a balanced product every other month (six times a year) unless otherwise directed by the Inspector.

Commercial fertilizer shall be a standard uniform pelleted form and shall comply with the chemical analysis as specified 16-6-8 or as agreed upon by City, and shall be of a slow release variety. Fertilizer is to be applied according to manufacturer's recommended number of pounds per acre. Contractor shall provide all materials, equipment and labor.

The City shall be notified two weeks prior to the expected date of application, which the City will monitor accordingly. Fertilizer shall be removed from paved surfacing immediately following application and prior to watering. The Contractor shall provide an annual fertilization schedule to the Inspector.

17.07 HAND MOWING
Hand mowing shall be performed for all turfed areas where large mowers are unable to perform. Hand mowing from November 1st to February 14thwill depend on growing conditions.

17.08 Only mowers and other equipment made specifically for turf are allowed. Trucks and other non-turf specific equipment and vehicles are not allowed on turf areas.

18.EDGING

18.01 MECHANICAL EDGING
The most visible areas (i.e. adjacent to hard borders) shall be mechanically edged as needed per the Inspector's direction.

18.02 CHEMICAL EDGING
a. Where trees and shrubs occur in turf areas, all grass growth shall be limited to at least eighteen inches (18") from the trunk of trees and away from the drip line of shrubs by use of approved chemicals.
b. Linear chemical edging of turf boundaries shall be performed in a manner that ensures a defined turf edge and limits its encroachment into beds or across boundaries where it is impractical to edge mechanically. Chemical edging of turf boundaries shall not exceed four inches (4") in width along curbs and sidewalks. Sites where chemical edging is
acceptable will be on the Maintenance Performance Schedule (see Attachment A1).
c. The Inspector must approve all linear chemical edging and/or detailing, prior to its use.
d. Chemical detailing of valve boxes, meter boxes, and similar small obstacles shall be performed in a manner that ensures operability, ease of location and/or a clean appearance and shall not exceed a six inch (6") clearance or as otherwise specified.

19.WEED CONTROL

19.01 All landscaped areas within the specified maintenance area including but not limited to lawns, planter beds, tree wells and hard surfaces shall be kept free of weeds at all time, i.e., complete removal of all

weed growth on a continuing basis as weeds appear, weed removal each 30 days is not acceptable. For the purpose of this specification, a weed will be considered "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical or chemical methods.

The Inspector may restrict the use of chemical weed control in certain areas.

19.02 Weeding shall also include the removal of weeds growing in all paved or unpaved surfaces within maintenance boundaries.

19.03 All buildings, light standards, tree wells, and wall structures shall be free of any plant growth (6" clearance). Chemicals may be used upon receiving prior approval. All quick couplers, valves, electrical boxes and sewer clean outs shall be edged or sprayed in a manner that will provide easy location and access.

19.04 CHEMICAL WEED ABATEMENT
a. Lawns shall be kept reasonably free of weeds. Weeding may be done manually or by use of selective weed killers. Extreme caution shall be exercised if selective weed killers are used so as to not damage other plant material. If spraying is done, it shall only be done at times when there is no wind. No spray shall be used if detrimental to fish or animal life.
b. Chemical weed abatement shall be used in and around areas such as planters, areas adjacent to buildings, trees, fence lines, paved and unpaved surfaces (decomposed granite walkways, etc.) etc. Prior to application of chemicals, all areas shall be trimmed to proper mowing height.
c. A pre-emergent application shall be applied to shrub beds, tree wells, borders, etc. as appropriate. The Inspector must approve all pre- and post-emergent products before application by the Contractor.
d. Insects and diseases shall be controlled by the use of approved insecticides and fungicides. Material, timing, rate of application, and application shall be supervised by a licensed Pest Control Operator.
e. Spot treat with a portable sprayer or wick wand using an effective herbicide applying per manufacturer's recommendation. Water shall not be applied to treated areas for twenty-four (24) hours after each application.
f. No contact weed control chemical may be used in flowerbeds after they have been planted for the season. Appropriate

mulches are encouraged, but must be aesthetically compatible and not physically or chemically harmful. g.Weeds treated with a contact weed chemical shall be left in placea minimum of seven (7) calendar days. If kill is not complete, asecond application shall be applied. h.Weeds treated using a systemic chemical shall be left in place permanufacturer's recommendation. If kill is not complete by thetime specified in the manufacturer's recommendation, a secondapplication should be applied. i.After a complete kill, remaining dead weeds shall be removedfrom the area and disposed of offsite and at an appropriatelandfill.20.IRRIGATION

20.01 All landscaped and turf areas shall be irrigated as required to maintain adequate growth, health and appearance regardless of plant types, or soil condition. The delivery of adequate moisture shall include but not limited to hand watering, operation of manual valves, automatic controllers, bleed valves and truck watering. Watering shall be done at night or in early morning to insure minimum inconvenience to the public. Water shall be regulated to avoid excessively wet or waterlogged areas causing: a decline in plant health, preventing turf mowing, excessive water run off onto streets and/or private property. Hand watering may be necessary on some sites and shall be performed as required. Water conservation and water restrictions are to be considered at all times. Contractor must follow all water guidelines at all times.

20.02The Contractor shall provide hoses, nozzles and sprinklers for hand watering.

20.03 A qualified irrigation specialist is required to be on the Contractor's staff, available to perform the services required under the specifications of this contract, including a weekly check of all irrigation equipment. Minimum qualifications should include a complete knowledge of automatic irrigation system installation, maintenance and repair, state-of-the-art electronic irrigation controllers, and the ability to recognize changing soil conditions, turf diseases, and drainage problems.

20.04 Contractor is responsible for setting and programming of all automatic irrigation systems. It is the Contractor's responsibility to check all sprinklers and controllers weekly for proper operation. Necessary adjustments are the responsibility of the Contractor. All sprinkler

heads are to be adjusted as necessary for unimpeded coverage and to minimize over-spray and water waste.

20.05 If a condition such as controller breakdown, electrical problems or battery failure prevents automatic irrigation, other irrigation methods shall be used if and when necessary, until repairs have been authorized and completed.

20.06 The Contractor shall maintain all sprinkler systems at no additional cost to the City, in such a way as to guarantee proper coverage and full working capability. The Contractor is responsible for repairing and/or replacing, at no additional cost to the City, any damaged irrigation system components downstream of main shut off valve including, the solenoid valve.

20.07Any plant material lost due to failure of Contractor to assure proper operation of irrigation systems shall be the responsibility of the Contractor to replace.21.IRRIGATION SYSTEM MAINTENANCE AND TESTING

21.01 Contractor and its employees shall weekly inspect and bi-monthly test all irrigation system components including sprinklers, drip emitters, valves and irrigation controllers for system operability, component malfunctions, and adjust controller schedules to address weather changes and irrigation requirements. Contractor shall maintain a log of all of their findings during their bi-monthly tests for each site, and these logs shall be kept at each site next to the irrigation time clocks. Reports from these logs shall be submitted to the Inspector within 5 . days of the inspection.

21.02 Contractor shall set and program automatic controllers for seasonal watering requirements. Within thirty (30) days after contract award, an irrigation plot map of the entire system at each site shall be prepared by the Contractor and placed in the irrigation control box and a copy given to the inspector.

21.03 Testing shall be done in the following manner:
a.From the controller, set each station and check all componentsof the system every two weeks. Maintain controller so stationsrun in sequence. Failure to test irrigation may result in anunsatisfactory or failure to comply rating. b. Adjust all sprinkler heads for direction and height for proper coverage and to minimize overspray and water waste.
c.Unplug all clogged heads, flush lines free of rocks, mud anddebris.

d.All malfunctions/damage shall be reported to Inspector withestimate for repairs and, upon authorization, repairs shall becompleted. e. In addition to biweekly testing, all irrigation systems shall be tested and/or inspected as necessary when damage or
malfunction is observed and/or reported.

21.04 Contractor shall carry and maintain a supply of irrigation components such as sprinklers and solenoids, etc. each time site is serviced.

21.05 Contractor is responsible for all routine irrigation adjustments and repairs at no additional charge to the City. Routine irrigation repair is defined as malfunction or broken sprinklers, solenoids, valves, risers and drip- system components. To clarify: Contractor is responsible for repairing and/or replacing, at no additional cost to the City, any damaged irrigation system component(s) from, and including, solenoid valve, downstream to sprinkler. City is responsible from water main to, but not including, the solenoid valve.

21.06 Should major irrigation repair be required, upon approval of the Inspector, the actual repair and/or replacement shall be done according to the rates specified in current agreement. Major irrigation repair is defined as repairs or replacement of the irrigation systems main lines, lateral lines, main line valves and controllers.

21.07 Any plant material lost due to failure of Contractor to assure proper operation of irrigation systems shall be the responsibility of the Contractor to replace.

21.08 Brass or bronze sprinklers or valves shall not be removed/replaced without the written authorization of the Inspector. Once authorized for replacement, all brass and bronze sprinklers, valves or parts, with the exception of galvanized pipe, shall be turned in to Inspector.

SECTION 2: CLEAN-UP AND INSPECTION

22.LITTER CONTROL

22.01 Complete policing and litter pick-up for the removal of paper, glass, trash, limbs, undesirable materials, and other accumulated debris within the landscape areas to be maintained including, but not limited to, walkways, sidewalks, all turf and planted areas, planters, drains, catch basins, and gutters will be done each time site is serviced.

22.02 Complete policing, litter pickup and supplemental hand sweeping of areas inaccessible to power equipment shall be accomplished to ensure a neat appearance.

22.03 All litter and debris occurring as a result of Contractor's operations shall be removed from the maintenance sites immediately following such operations. All litter and debris shall be picked up every time site is serviced and is to be disposed of offsite and taken to an appropriate landfill.

23.LEAF REMOVAL
Accumulation of leaves from all landscaped areas including walls, gutters, beds, hardscape and planters shall be removed from the site as needed. This includes leaves trapped beneath shrubs. Some sites may require additional visits during leaf season.

24.TREE PRUNING1 STAKING AND TYING

24.01 Contractor is to perform tree pruning up to 15 feet to maintain a safe site condition. Contractor shall prune all dead limbs. City will be responsible for all major tree trimming and pruning over 15 feet in height.

24.02 Replace missing or damaged stakes within seven (7) calendar days where the tree diameter is less than three inches (3") Diameter Breast Height (D.B.H.), and the height defined as four feet (4'), unless tree is self-supporting in all weather conditions.

24.03 Recently planted trees shall be properly staked at all times until three inch (3") D.B.H. or it is self-supporting in all weather conditions. Stakes shall be of adequate length so that trees will be tied in an upright position.

24.04 The Contractor shall maintain existing stakes and ties, providing replacements as needed, on all young trees until such time as they are

no longer needed for support. The Contractor shall remove the stakes at this time, at no additional cost. Special care shall be taken to avoid any damage to tree trunks or branches by ties and stakes. Staked trees shall be inspected weekly to prevent such damage.

24.05 Materials:
a. Tree stakes, two (2) per tree, shall be pentachlorophenol treated pine lodge pole not less than six feet (6') in length for five (5) gallon size trees not less than eight feet (8') for fifteen (15) gallon trees. Some trees may require ten foot (10') stakes. b. Guy wires where required and plant ties will be of pliable, zinc- coated ten (10) gauge wire using two (2) or four (4) ties per tree. c. Hose for covering wire shall be either new or used garden hose at least one-half inch (1/2") in diameter (hose ties should allow for minimum of three additional inches (3") of clearance beyond the diameter of the branch or trunk being secured).
d. Cinch ties or equal with UV inhibitors may be used.
e. Stakes will not be placed closer than eight inches (8") from the bark, nor shall stakes go through the root ball.

24.06 Holes left from the removal of trees stakes shall be filled in using top soil within fourteen (14) working days.

25.HEDGE AND SHRUB PRUNING AND CARE

25.01 Clearance on Hedges and Shrubs
a. Prune hedges and shrubs to maintain eight foot (8') clearance above sidewalks and fourteen foot (14') clearance overhanging beyond curb line into the paved sections of roadways to achieve safe vehicular and pedestrian visibility and clearance and to prevent or eliminate hazardous situations.
b. Remove all dead, diseased and unsightly branches. Remove all vines or other growth as it develops within the shrubs/hedge. Any runners that start to climb buildings, shrubs or trees shall be pruned out of these areas to maintain a minimum of 6"
clearance. Vines that cover sound walls are not to be removed unless directed to do so by Inspector.
c. All dead shrubs shall be removed. Notify Inspector of shrubs removal prior to removal.

d. Restrict growth of hedges and shrubs to areas behind curbs and walkways and within planter beds by trimming. Under no
circumstances shall hedge shears be used as a means of
pruning unless prior authorization from the Inspector has been obtained.
e. All pruning cuts shall be smooth, leaving no stubs exposed.

Ragged or chewed appearance is not acceptable.

25.02 Pruning Frequency: One (1) to four (4) times per year or more often as needed depending upon the growth patterns of the plant species and location in question (see Attachment A1 - Maintenance Performance Schedule).

25.03 Fertilizer shall be a complete pellet type, with appropriate amounts of nitrogen, phosphorus, potassium and trace elements and approved by the Inspector.

26.GROUND COVER

26.01 Ground cover shall be kept free of weeds litter, debris and leaves.

Ground cover shall not exceed three inch (3") beyond the inside side edge of the curb or border and 6" from any building.

26.02 Fertilizer shall be a complete pellet type, with appropriate amounts of nitrogen, phosphorus, potassium and trace elements and approved by the Inspector.

27.HAZARDS1 VANDALISM
Hazards, such as broken benches, graffiti, pot holes on grounds, standing water, ropes tied to tree limbs, excavations, and unsecured material, such as wood, wire, metal, etc., shall be immediately secured and/or posted with suitable warning signs to protect the public. Immediately upon securing and/or posting, notify the Inspector or designee of the condition. Upon approval of the Inspector or designee, the Contractor shall make necessary repairs or remedies.

SECTION 3: ADDITIONAL LANDSCAPE SERVICES

28.AERATION

28.01 Aerate all turf areas by using a device that removes cores to a depth of two inches (2") at not more than six-inch (6") spacing and shall be done three (3) days before fertilizer application. All cores shall be removed from the turf and disposed of offsite or thoroughly pulverized within twenty-four (24) hours after aerating.

28.02All Irrigation heads shall be flagged prior to aeration.29.TURF RENOVATION

29.01 Use vertical mowing to renovate to the soil line and remove all excessive thatch in turf area as required by the Inspector.

29.02 After thatch is removed and upon completion of turf renovation all turf areas shall be over seeded, mulched and watered.

29.03 Areas that are below grade shall be filled in and leveled before over seeding.

29.04 Unless otherwise directed by the Inspector, general turf areas shall be seeded with a 90% Dwarf Fescue/10% Blue seed mix. Newly seeded areas are to be seeded with 12 pounds of seed per 1,000 square feet and over seeded with 5 pounds of seed per 1,000 square feet. Seed shall be applied using a broadcast or drill seed application technique.

29.05 Unless otherwise directed by the Inspector, sports fields shall be seeded with 90% Rye/10% Blue seed mix. Newly seeded areas are to be seeded with 8 pounds of seed per 1,000 square feet and over seeded with 3-5 pounds of seed per 1,000 square feet. Seed shall be applied using a broadcast or drill seed application technique.

29.06 Top dressing shall be done with golf course green grade top dressing sand at a rate of 1/8 inch.

29.07 Gypsum shall be applied at a rate of 20 pounds per 1,000 square feet.

29.08 Renovation shall be finished with starter fertilizer at a rate of 1/2 pounds nitrogen per 1,000 square feet.

29.09 Mulch shall be spread evenly over the entire area to a uniform depth.

30.VERTICAL MOWING
Vertical mowing shall be on an as needed basis for vine health and growth and shall be scheduled as required by the Inspector. Sweep or rake the dislodged thatch from the vine areas and immediately removed from the site and disposed of at an appropriate landfill.

31.UNDEVELOPED SITES AND OPEN SPACE
Weed abatement shall be done as directed by the Inspector or designee.

32.MAINTENANCE SCHEDULES
The Contractor shall submit the following schedules within five (5) workdays after contract is fully executed.

32.01 Contractor's Service Schedule: This Schedule (Attachment A2) indicates the specific day(s) of the week when items of work shall be accomplished pursuant to the requirements specified in the Maintenance Performance Schedule (see Attachment A1). Schedule shall include irrigation testing day of the week and approximate time irrigation test will be in progress.

32.02 Site Fertilizer Schedule: The Contractor shall provide an annual fertilization schedule to the Inspector. Contractor shall indicate on the Site Fertilizer Schedule the two-week (2) period under the month(s) when each site shall be fertilized for turf, and tress/shrubs, as indicated in the Maintenance Performance Schedule (see Attachment A1).

32.03 Site Aeration/Renovation Schedule: The Contractor shall provide an annual renovation schedule to the Inspector. Contractor shall indicate on the Site Renovation Schedule the estimated dates that each site will be aerated and renovated as indicated in the Maintenance Performance Schedule (see Attachment A1).

32.04 Changes to the above schedules by the Contractor must be submitted in writing and approved by the Inspector at least five (5) working days prior to any changes being implemented A temporary change to the daily service schedule must be called into the Inspector by 7:30 a.m. the morning of the change.

Attachment 1
Maintenance Performance Schedule

Turf I Lawn
Mow turf areas
Edge turf areas (mechanical) Edge turf areas (chemical)Blowing of turf and Hardscape areas Ground Cover
Maintain edges, trim and shape
Shrubs
Maintain edges, prune, and shapeWeed Control
Weed abatement (mechanical)
Weed abatement (chemical)
Trees - Ground and Containers
Low-level pruning
Planters and Containers
Maintain plants' shape, trim and remove dead blooms/leaves Inspect and water
Leaf Removal
Mechanical or hand rake
Irrigation
Inspect
Test Repair
Litter ControlRemove all litter and debris
Inspection
Inspect each site by Contractor
Inspect each site with City Inspector
Weekly
Weekly
As needed Weekly
Weekly
1x every other month
Weekly
Weekly
Annually or as needed
Weekly
Weekly
Weekly
Weekly
1x every other month
As needed
Weekly
Weekly
Monthly

Attachment 1
Maintenance Performance Schedule

Additional Services:

LawnAerate
Re-seed
Fill in low areasGround Cover
Cultivate soil Replace bark
Shrubs
Cultivate soil
Trees
Fertilize and pest/disease control
Biannual or as needed As needed
As needed
As needed
As needed
As needed
Planters and Containers Cultivate surrounding soil Replace bark Replace/plant new plantsFertilize and Pest/Disease Control Weed Control Weed abatement (mechanical)
Weed abatement (chemical)
As needed As directed As directed As needed
As needed
As needed
2 of
Attachment
Site Map

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1

EXHIBIT B

PAYMENT

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 $ 60,000.00. 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 Center
City of Sacramento
915 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 Contractor shall 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.

Attachment 1 to Exhibit B
Additional Services Hourly Rates Yr 1
2024 through June 30, 2025) UOM QTY Unit Price FY25
Edge Turf Areas (chemical) HR 1 $45.00 $45.00
Trees Low Level Pruning HR 1 $40.00 $40.00
Irrigation Repair HR 1 $65.00 $65.00
Aerate lawn HR 1 $35.00 $35.00
Re-Seed Lawn - Fill in HR 1 $75.00 $75.00
Ground Cover Cultivate Soil HR 1 $45.00 $45.00
Ground Cover Replace Bark (per yard installed) YD 1 $140.00 $140.00 Shrubs - Cultivate Soil HR 1 $35.00 $35.00
Trees-Fertilize/Pest/Disease Control HR 1 $75.00 $75.00 Planters/Containers Cultivate Surrounding Soil HR 1 $35.00 $35.00 Planters/Containers Replace Bark (per yard installed) YD 1 $60.00 $60.00 Planters/Containers Replace/Plant New Plants HR 1 $30.00 $30.00 Planters/Containers Fertilize/Pest/Disease Control HR 1 $38.00 $38.00 Weed Abatement (mechanical) HR 1 $70.00 $70.00
Weed Abatement (chemical) HR 1 $85.00 $85.00
UOM QTY Unit Price FY26
Edge Turf Areas (chemical) HR 1 $47.25 $47.25
Trees Low Level Pruning HR 1 $42.00 $42.00
Irrigation Repair HR 1 $68.25 $68.25
Aerate lawn HR 1 $36.75 $36.75
Re-Seed Lawn - Fill in HR 1 $78.75 $78.75
Ground Cover Cultivate Soil HR 1 $47.25 $47.25
Ground Cover Replace Bark (per yard installed) YD 1 $147.00 $147.00 Shrubs - Cultivate Soil HR 1 $36.75 $36.75
Trees-Fertilize/Pest/Disease Control HR 1 $78.75 $78.75 Planters/Containers Cultivate Surrounding Soil HR 1 $36.75 $36.75 Planters/Containers Replace Bark (per yard installed) YD 1 $63.00 $63.00 Planters/Containers Replace/Plant New Plants HR 1 $31.50 $31.50 Planters/Containers Fertilize/Pest/Disease Control HR 1 $39.90 $39.90 Weed Abatement (mechanical) HR 1 $73.50 $73.50
Weed Abatement (chemical) HR 1 $89.25 $89.25
Additional Services Hourly Rates Yr 2 - 5% increase
(July 1, 2025 through June 30, 2026)
UOM QTY Unit Price FY27
Edge Turf Areas (chemical) HR 1 $48.67 $48.67
Trees Low Level Pruning HR 1 $43.26 $43.26
Irrigation Repair HR 1 $70.30 $70.30
Aerate lawn HR 1 $37.85 $37.85
Re-Seed Lawn - Fill in HR 1 $81.11 $81.11
Ground Cover Cultivate Soil HR 1 $48.67 $48.67
Ground Cover Replace Bark (per yard installed) YD 1 $151.41 $151.41 Shrubs - Cultivate Soil HR 1 $37.85 $37.85
Trees-Fertilize/Pest/Disease Control HR 1 $81.11 $81.11 Planters/Containers Cultivate Surrounding Soil HR 1 $37.85 $37.85 Planters/Containers Replace Bark (per yard installed) YD 1 $64.89 $64.89 Planters/Containers Replace/Plant New Plants HR 1 $32.45 $32.45 Planters/Containers Fertilize/Pest/Disease Control HR 1 $41.10 $41.10 Weed Abatement (mechanical) HR 1 $75.71 $75.71
Weed Abatement (chemical) HR 1 $91.93 $91.93
UOM QTY Unit Price FY28
Edge Turf Areas (chemical) HR 1 $50.13 $50.13
Trees Low Level Pruning HR 1 $44.56 $44.56
Irrigation Repair HR 1 $72.41 $72.41
Aerate lawn HR 1 $38.99 $38.99
Re-Seed Lawn - Fill in HR 1 $83.55 $83.55
Ground Cover Cultivate Soil HR 1 $50.13 $50.13
Ground Cover Replace Bark (per yard installed) YD 1 $155.95 $155.95 Shrubs - Cultivate Soil HR 1 $38.99 $38.99
Trees-Fertilize/Pest/Disease Control HR 1 $83.55 $83.55 Planters/Containers Cultivate Surrounding Soil HR 1 $38.99 $38.99 Planters/Containers Replace Bark (per yard installed) YD 1 $66.84 $66.84 Planters/Containers Replace/Plant New Plants HR 1 $33.42 $33.42 Planters/Containers Fertilize/Pest/Disease Control HR 1 $42.33 $42.33 Weed Abatement (mechanical) HR 1 $77.98 $77.98
Weed Abatement (chemical) HR 1 $94.68 $94.68
Additional Services Hourly Rates Yr 3 - 3% increase
(July 1, 2026 through June 30, 2027)
Additional Services Hourly Rates Yr 4 - 3% increase
(July 1, 2027 through June 30, 2028)
UOM QTY Unit Price FY29
Edge Turf Areas (chemical) HR 1 $51.63 $51.63
Trees Low Level Pruning HR 1 $45.90 $45.90
Irrigation Repair HR 1 $74.58 $74.58
Aerate lawn HR 1 $40.16 $40.16
Re-Seed Lawn - Fill in HR 1 $86.06 $86.06
Ground Cover Cultivate Soil HR 1 $51.63 $51.63
Ground Cover Replace Bark (per yard installed) YD 1 $160.63 $160.63 Shrubs - Cultivate Soil HR 1 $40.16 $40.16
Trees-Fertilize/Pest/Disease Control HR 1 $86.06 $86.06 Planters/Containers Cultivate Surrounding Soil HR 1 $40.16 $40.16 Planters/Containers Replace Bark (per yard installed) YD 1 $68.85 $68.85 Planters/Containers Replace/Plant New Plants HR 1 $34.43 $34.43 Planters/Containers Fertilize/Pest/Disease Control HR 1 $43.60 $43.60 Weed Abatement (mechanical) HR 1 $80.32 $80.32
Weed Abatement (chemical) HR 1 $97.53 $97.53
Additional Services Hourly Rates Yr 5 - 3% increase
(July 1, 2028 through June 30, 2029)

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1

EXHIBIT C

INSURANCE

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: activities performed by or on behalf of Contractor and subcontractors; products and completed operations 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, Contractor certifies 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 D

GENERAL CONDITIONS

1. 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 Hazardous Substances 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 any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify 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 obligations to 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 a declared 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 the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor'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 Contract will be covered by the industry standard or better warranty.

B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and 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 and inure 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 the Regulations, 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 Contractor complies;
(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 Contractor becomes 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.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8

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.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9

27. Debarment Certification
A. 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.

Elite Team Offices, Inc
Named Insured Schedule
- Elite Team Offices, Inc.
- Elite Landscape Construction Inc.
- EMTS, Inc.
- EMTS, Inc. dba Greenscapes
- EMTS, Inc. dba Paysage Landscape
-
- Elite Private Landscape, Inc.
-
- Stockbridge General Contracting, Inc.
- Steven Seibert
- Stock Five Holdings
- Grassmasters
- SE Phillip & Holland
- Lokes, Inc.
- 369 Equipment, Inc.
- Lokes Heavy Equipment Rental, Inc.
- Lokes Water Trucks, Inc.

Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16)

Policy No:

Effective Date:

Insured Name:

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:

A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:

1. the written contract requires you to provide the additional insured such coverage; and

2. this coverage part provides such coverage.

II. But if the written contract requires:

A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.

IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:

1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and

2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.

V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:

Primary and Noncontributory Insurance
Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16)

Insured Name:

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. primary and non-contributing with other insurance available to the additional insured; or

2. primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:

Any additional insured pursuant to this endorsement will as soon as practicable:

1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part.

However, if the written contract requires this insurance to be primary and non-contributory, this paragraph

3.does not apply to insurance on which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.

VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:

A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:

1. the bodily injury or property damage; or

2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.

Any coverage granted by this endorsement shall apply solely to the extent permissible by law.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.

From the WCIRB's California Workers' Compensation Insurance Forms Manual 1999.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION

Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #:

CONTRACT NAME: Additional Landscaping Services Convention Center & Performing Arts District CONTRACT PROJECT #: Bid # B24171121001
DEPARTMENT: Convention & Cultural Services
DIVISION: Convention Center

CITY OF SACRAMENTO

NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACTis made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
Parker Landscape Development, Inc.
6011 Franklin Blvd., Sacramento, CA 95824
Phone: 916-383-4071/E-mail: [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 City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these Additional Services; and (c) City, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor.

Form Approved by City Attorney 9-1-2020 Page 2
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.

Access to be granted to the SAFE Credit Union Convention Center and Performing Arts District grounds for the purpose of landscaping services.

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 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 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 applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts 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 this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("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 these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. 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 3.60 and include these requirements in all subcontracts covered by Sacramento City 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 and equitable 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:

Mark Quartarolo/Events Services Manager
1401 K Street, Sacramento, CA 95814
Phone:916-808-5481/E-mail: [email protected]

The CONTRACTOR Representative for this Agreement is:

Dawnielle Meier/Vice President
6011 Franklin Blvd., Sacramento, CA 95824
Phone: 916-383-4071/E-mail: [email protected]
Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining 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 a term beginning upon fully executed agreement through July 22, 2029. 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.

CITY OF SACRAMENTO
SAFE Credit Union Convention
and Performing Arts

LANDSCAPE MAINTENANCE SERVICES

GENERAL SPECIFICATIONS AND PROVISIONS
May 2024

CITY OF SACRAMENTO
SAFE Credit Union Convention
and Performing Arts

LANDSCAPE MAINTENANCE SERVICES

GENERAL SPECIFICATIONS AND PROVISIONS

TABLE OF CONTENTS

SERVICES TO BE PROVIDED
General Procedures 3
Maintenance Specifications 15
Section 1: Turf Care - Mowing and Irrigation 15
Section 2: Clean-Up and Inspection 21
Section 3: Additional Landscape Services 24
Attachments:
26 28
Attachment A1 - Maintenance Performance Schedule
Attachment A - Site Map

SERVICES TO BE PROVIDED

GENERAL PROCEDURES

SERVICES
Services may include, but will not be limited to the following: mowing and edging; approved watering landscape plants; fertilizer application; weed, pest and disease control; approved method and techniques used for pruning shrubs and trees; chemical controls, turf aerification; trash, leaf and debris control; ground cover care; irrigation systems maintenance; tree staking; immediate reporting of vandalism and/or safety hazards to Inspector. It will be the Contractor's responsibility, without further direction from the City, to meet all contract requirements in this agreement.

1.GENERAL WORK REQUIREMENTS

1.01 1.02

1.03 1.04
Work to be performed comprises general horticultural maintenance, the operation of manual and automatic irrigation, cleanup of landscape areas as designated in the attached list of locations and, when necessary, repairs of irrigation systems and replacement of pl9nt materials. Requirements vary by location depending upon the landscaping present. No irrigation modifications or vandalism repairs or plant material replacements are to be made without prior approval of the Landscape Inspector (City representative).

The work to be performed shall be by a Landscape Maintenance Contractor, licensed by the State of California with a C27 license, insured and bonded to do business in the City of Sacramento.

Contractor shall have at least two (4) years actual experience in providing landscape maintenance services for commercial and/or governmental entities.

It is the Contractor's responsibility, without further direction from the Inspector (except as specified herein), to assure all work is being done per specifications. Contractor shall inspect every site a minimum of once per week, regardless of minimum requirements stated on the Maintenance Performance Schedule (see Attachment A1).

The Contractor will be required to have a twenty four (24) hour emergency phone number where he/she can be reached with no more than a sixty (60) minute delay in call back time. Once notified Contractor shall respond to an emergency within six (4) hours.

1.05 1.06

1.07 1.08

1.09 1.10

1.11 1.12

1.13 Contractor shall have fully trained and competent employees who can use power equipment safely, prune trees and shrubs and install plants.

The installation of plant materials will be in accordance with the techniques as defined in the current edition of the "Sunset Western Garden Book." Any plant material installed by Contractor shall have a 60-day warrantee period.

The Contractor must have a full time employee who can competently work on irrigation systems, including the testing, rebuilding and/or replacement of valves, controllers and main irrigation line breaks.

The Contractor shall have a full time staff employee who has a valid Agricultural Pest Control license or Maintenance Gardeners license and who is registered at all times with the Sacramento County Agriculture Commissioner.

The Inspector will make regular inspections of contract sites. Contractor shall meet as required with the Inspector (see Attachmen_t A1) to review a Landscape Maintenance Inspection Report (see Attachment A4) and visit any sites deemed necessary for review with Inspector.

Contractor shall be aware of and shall comply with City ordinances governing landscape maintenance work as applicable to individual locations being maintained.

The Contractor shall be responsible for maintaining local property access and access to existing public cross-streets within the limits of this contract.

The Contractor shall be responsible for the safety of traffic, and within the project limits and on the approaches to the project.

The Contractor shall provide 24-hour advance notification to the Inspector of any property location to which the existing access will be closed for a period of time exceeding two (2) hours. Notification may be verbal to the occupant of the property or by written notice by mail or email to the inspector.

Should lane closures .be necessary during the term of this agreement, Contractor will obtain the necessary permits and equipment at no additional charge to the City. Lane closure shall not be allowed without the proper use of advance warning devices, signs and flag person(s) in conformance to these provisions. At the completion of each working day, all existing lanes of traffic shall be open to traffic. Provisions must be made for the uninterrupted passage of emergency vehicles through the work site at all times, regardless of the controlled traffic conditions existing at that time.
ge 4 of

1.14The Contractor shall do all traffic lane closure work as specified herein at no additional cost to the City.

1.15 For information and to obtain permits for lane closures contact the City Traffic Engineer.2.DESCRIPTION OF WORK

2.012.02

2.03 a.b.C.

Area/Maintenance Service Changes - The City reserves the right to add, delete or change areas and/or maintenance services under this contract and may do so upon giving written notification to Contractor. If these changes cause an increase or a reduction in the maintenance costs of this contract, said costs shall be readjusted and, when agreed upon, incorporated into this contract. Contractor shall receive documentation from the Project Manager regarding any amendments.

The City reserves the right to provide the Contractor with supplies and materials such as irrigation components and plant materials, which the Contractor shall install at the hourly rate bid.

A general Maintenance Performance Schedule is provided and is incorporated into this agreement (see Attachment A1). Individual maintenance activities shall conform to the following standards:The Contractor shall maintain the landscape area in a clean, healthy and well groomed condition. All of the Contractor's work shall be performed in a professional manner, using equipment in good condition and quality materials.

Contractor shall provide the labor, materials, transportation and equipment necessary in order to provide landscape maintenance services as specified. Contractor shall provide a level of service at whatever frequency is necessary in order to provide the professional services expected, even if the frequency of service exceeds the minimum required by the City.

It is required that Contractor inspects each landscape site at a minimum of once per week.

Contractor is hereby required to render and provide landscape and grounds maintenance services including, but not limited to, the maintenance of turf, ground cover, the pruning of trees and shrubs; removal of litter, leaves and debris from the entire site and dispose at an appropriate landfill; provide weed, disease and pest control; fertilizer applications; operate and maintaining specified components of irrigation systems and the maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by the City, as set forth herein.Typical areas to be maintained are defined as:

Landscape for City Buildings: for entire area as detailed in the Maintenance Performance Schedule (Attachment A1)
d. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, turf areas, trees or shrubs. Any debris or litter which collects as a result of inclement weather or flooding, shall be removed during the next scheduled service day.
e. The Contractor recognizes that, during the course of this Agreement, other activities and operations may be conducted by City and/or other contracted parties. These activities may include, but not be limited to, .events held at the facilities, landscape refurbishment, irrigation system modification or repair, construction and/or storm related operations. The Contractor may be required to modify or curtail certain of its operations and shall promptly comply with any request therefore by the Inspector.

To the extent that any such modifications may alter the specifications in the agreement, the City will evaluate the need to amend the contract. f. If a scheduled service day falls on a Federal, State or City holiday, Contractor must provide scheduled service within two days before or after the holiday unless other arrangements have been approved by Inspector.
g. In case of equipment failure, Contractor will schedule services within two days of said failure upon approval of Inspector.
h. The above provisions are not construed to eliminate the Contractor's responsibility in complying with the requirements to notify the Inspector for specialty type maintenance as set forth Section 2.04 or, in the Contractor's Service Schedule as set forth in Section 9.02.

2.04 Contractor shall notify the Inspector within 48 hours prior to the date and time of all "Specialty Type" maintenance operations as listed in the annual schedule. "Specialty Type" operations are defined below as:
a.Turf renovation/aeration/reseeding
b.Micro-nutrients/soil amendments
c.Use of pesticide/herbicide control chemicals
d.Other items as determined by the Inspector

3.SITES TO BE MAINTAINED

3.01 Landscape Services to be provided by Contractor in the following locations:
a.
b.

SAFE Credit Union Convention Center and SAFE Credit Union Performing Arts Center - All out-door landscaping on the grounds within the blocks surrounded by "J" Street to the North, 13th Street between "J" and "L" Streets to the West, "L" Street between 13th and 14th Street to the South, 14th Street between "L" and "K" Streets to the East, "K" Street between 14th and 15th Streets to the South, and 15th Street between "K" and "J" Streets. (See diagram for further clarification, Attachment A3.) Contractor responsible for landscape maintenance within the designated area defined above, including the second and third terrace levels of the Convention Center building. Contractor is responsible for all landscaping not to exceed fifteen (15) feet in height.

Memorial Auditorium grounds - All out-door landscaping on grounds within the block surrounded by "I" Street to the North, "J" Street to the South, 15th Street to the West, and 16th Street to the East. Contractor is responsible for all landscaping not to exceed fifteen (15) feet in height including any plants in pottery containers.

3.02 The sites to be maintained under the provisions of this Agreement will be examined by the Contractor prior to submitting a bid. The Contractor will be initially accepting each service area in their present physical condition. In addition, no further demands may be made by the Contractor for additional service fees due to the lack of understanding concerning the specifications and scope of work described herein.

3.03 The Contractor shall take adequate measures to insure that their operations do not harm any existing underground facilities. The toll- free number for Underground Service Alert (U.S.A.) is (800) 227-2600. The Contractor is required to call this number two working days in advance of performing excavation work.

4.UNSCHEDULED / EXTRA WORK

4.01 All extra work must be authorized by the Inspector. The Inspector may authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work

arises. Should such repairs or replacements be necessary as a result of Contractor's negligence, Contractor will be responsible for completing such repairs or replacing damaged property at no additional cost to the City.

4.02 Contractor may not change the regular maintenance schedule or work force to perform unscheduled/extra work unless authorized by the Inspector.

4.03 In order to be considered for extra work projects both in and outside of their contracted sites, the Contractor must maintain their landscape maintenance sites in a manner that meets or exceeds City Standards for landscape maintenance. In all cases the Inspector will determine standards.

4.04 Prior to performing any additional work, the Contractor shall give a verbal or written estimate of labor and materials to the Inspector. No work shall commence without a verbal or written estimate. Within forty-eight (48) hours of verbal or written authorization from Inspector, Contractor shall submit a written estimate
Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Inspector may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within forty-eight (48) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Inspector for approval.

4.05 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted.

5.FAILURE TO PERFORM

5.01 Contractor will receive from the Inspector a "Landscape Maintenance Inspection Report" each month or as otherwise specified in Attachment A1. This form will clearly indicate the work performance of Contractor at the site locations under the terms and conditions of this contract.

5.02 If Contractor or his representative fails to perform in accordance with the terms and conditions of this contract, the Inspector will document the problems requiring correction on the "Landscape Maintenance Inspection Report" form, which will serve as written notice to the Contractor regarding said deficiencies. A "needs improvement" rating, will require the Contractor to correct any stated deficiencies within seven (7) calendar days or as otherwise specified by the Inspector. An "unsatisfactory" rating will require the Contractor to

correct any stated deficiencies within five (5) calendar days or as otherwise specified by the Inspector. Upon receiving two consecutive ratings of "unsatisfactory" performance on the inspection report, a formal letter of "Failure to Comply" will be issued and only the maintenance services that were completed to the satisfaction of the Project Manager will be paid to the Contractor based on the Schedule of Values approved by the City for that month. A "Failure to Comply" rating represents a final warning. The City may at this time cancel the contract unless the Contractor corrects any remaining deficiencies within 24 hours or as otherwise specified by the Inspector. Under this contract, should a Contractor receive more than two "unsatisfactory" inspection report warnings within a 90-day time span, a letter of "failure to comply" may be issued. If two letters of "failure to comply" are issued within a 180-day time span, the City may immediately terminate the contract without further notice. The warnings may not necessarily be for related deficiencies. The City may further, at its sole discretion, contract with another landscape contractor or complete the work itself in order to affect the necessary repairs. Once the repairs are initiated by another contractor or by the City, the work in progress will not be terminated. Contractor may be required to pay to the City or have deducted monies due by the City, the amount required to correct the deficiencies. In the event of a termination due to Contractor's lack of performance, the Contractor may be precluded from bidding for up to 5 years from the date of termination. Notwithstanding the above, the City may terminate this contract with a 30-day formal written notice.

5.03 In the event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination; and Contractor and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services.

6.DAMAGE CAUSED BY CONTRACTOR

6.01 Any damage to either the City or private property that was caused by the Contractor shall be repaired or replaced at the Contractor's expense. Damages may be the result of, but not limited to:
a.Power equipment damage to trees, shrubs, turf and sprinklers. b.Pruning methods not consistent with City specifications. c.Over watering or under watering of plant materials.
d.Failure to make irrigation inspections, adjustments and repairs within schedules specified.
e.Chemical over spray or leaching, lack of chemical control.

6.02 All repairs or replacements shall be completed in accordance with the following maintenance practices:

a.Trees - Minor damage such as bark loss from impact of mowing equipment shall be checked by the City Arborist. If in the Arborist's judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced with equal at Contractors expense to comply with the specific instructions of the Inspector.
b.Shrubs - Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the lnspector.-
c.Chemicals - All plant damage resulting from chemical operation, either spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil reconditioned to insure its ability to support plant life. d.Irrigation Parts - Repair and replace all irrigation parts with same brand of like type and kind.

7.EMERGENCY AND COMPLAINTS RESPONSE

7.01 Whenever, in the City's opinion, immediate action is required to prevent impending injury, death or damage to private or City property being maintained under this contract, the City may, at its discretion attempt to contact the Contractor to affect the necessary repairs. Should the Contractor be unreachable or unable to respond, as specified in Item

1.04 of this agreement, the City may cause such action to be taken by the City work force and/or other contractors, and shall charge the cost thereof to the Contractor, or may deduct such cost from an amount due Contractor. Should it also be determined that the necessary repairs were due to the Contractor's lack of performance under the terms and conditions of this contract or through Contractor's negligence, the Contractor may be liable for all charges to effect such repairs.

7.02 All complaints shall be abated as soon as possible after notification; but in all cases within forty-eight (48) hours or as required by Inspector. If any complaint is not abated within forty-eight (48) hours, the Inspector shall be notified immediately of the reason for not abating the complaint, followed by a written report within five (5) days. If the complaints are not abated within the time specified and to the satisfaction of the Inspector, the total cost for eliminating the problem or completing necessary repairs will be deducted from the payments owing to the Contractor from the City.

8.SAFETY

8.01 Contractor agrees to accept the sole responsibility for complying at all times with local, County, State or other legal requirements including but not limited to full compliance with the terms of the applicable

O.S.H.A. and CAL O.S.H.A. Safety Orders, State traffic regulations for lane closures, so as to protect all persons, including employees from foreseeable injury, or damage to property.

8.02 It shall be the Contractor's responsibility to inspect and identify any conditions that render any portion of the maintenance area unsafe, as well as any unsafe practices occurring thereon. The Inspector shall be notified immediately of any unsafe condition that requires correction.

Contractor shall be responsible for making routine corrections such as, but not limited to: filling holes in all turf areas, along curbs, sidewalks, and paving, replacing valve box covers, and vehicular and pedestrian viability and clearance of trees and shrubs. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring in the maintenance area, including a complete written report thereof to the Inspector within five (5) days following the occurrence.

8.03 Contractor shall check concrete areas, sidewalks, curbs, brick and retaining walls, etc. for cracks, crevices and deterioration. Report any deterioration to Inspector immediately.

8.04 It shall be the Contractor's responsibility to supply all safety equipment and to educate their employees in the rules of safety.

9.HOURS AND DAYS OF MAINTENANCE SERVICES

9.01 Contractor shall perform the required maintenance services between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday.

9.02 Any modification in the hours and days of maintenance service as stated in the Contractor's Service Schedule is subject to approval by the Inspector. The Inspector shall be notified of any temporary change to the day's service schedule by no later than 7:30 AM the morning of the scheduled change.

10.CONTRACTOR'S STAFF AND EQUIPMENT

10.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified supervisor in the employ of the Contractor shall supervise all of the Contractor's maintenance personnel.

10.02 Supervision - Contractor shall provide a competent supervisor during all times that work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract.

Contractor shall furnish the names of all such supervisors to the Inspector prior to the commencement of a contract and further advise of any changes. Contractor's supervisor will be able to communicate verbally, in writing and in English, with the Inspector or City.

10.03 Dismissal of Unsatisfactory Employees - Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the Inspector, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. Contractor shall meet with the Inspector to consider the appropriate course of action with respect to such matters and Contractor shall take reasonable measures under the circumstances to assure the Inspector that the conduct and action of Contractor's employees will not be detrimental to the interest of the City of Sacramento and/or premises.

10.04 Contractor shall, at its own expense, establish an identification system for personnel assigned to the maintenance areas under this agreement which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services.

10.05 The Contractor shall require each of its employees to wear uniforms with the Contractors company name, proper shoes and other gear required by State Safety Regulations. If uniform shirts have buttons, they must be buttoned at all times. No advertisements or logos other than the Contractor's shall be on employees' uniforms. Contractor's employees shall be clean in appearance at the start of each workday.

10.06 Contractor shall possess adequate equipment inventory to satisfactorily perform services.

10.07 Contractor's vehicles shall be in good condition and shall have the company name and phone number clearly visible to the public at all times.

11.SIGNS/IMPROVEMENTS

11.01 Contractor shall not post signs or advertising material upon the site premises, unless prior approval therefore is obtained from the Inspector.

11.02 Contractor will remove all paper and cardboard signs from work site, including removal of signs from utility poles. Contractor will inform the Inspector about all wood or metal signs with a company name and phone number, which were found and left on the property.

12.UTILITIES
The City shall provide and pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the

Contractor and approved by the Inspector. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor as scheduled, irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage on the same site, for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Inspector prior to actual deductions to allow for explanations.

13.INTERFERENCE WITH PUBLIC USE
Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

14.STORAGE FACILITIES
City will not provide any storage facilities for Contractor's use.

15.LEAF BLOWER REQUIREMENT

15.01 OPERATION WITHIN 200 FEET OF ANY RESIDENTIAL PROPERTY a. Hours of Operation: Use of portable gasoline-powered blowers within 200 feet of any residential property is restricted to the hours of 9:00 A.M. to 6:00 P.M., Monday through Saturday and 10:00 A.M to 4: 00 P.M, on Sunday.
b. Maximum sound levels: Must meet the most updated City of Sacramento dBA levels and follow the guidelines on earliest times and latest times for dBA levels
c.

15.02 OPERATION MORE THAN 200 FEET FROM ANY RESIDENTIAL PROPERTY:
a. Hours of Operation: 5am – 10pm
b. Maximum Sound Levels for Existing Equipment: Follow city of Sacramento’s most updated city guidelines
c. Maximum Sound Levels for New Equipment: Follow city of Sacramento’s most updated guidelines

16.USE OF CHEMICALS

16.01 All work involving the use of chemicals shall be in compliance with all Federal, State and County laws. The Contractor shall have an employee who has a State of California Agricultural Pest Control Business License or Maintenance Gardener Business License and who is registered with the Sacramento County Agricultural Commissioner.

16.02 Contractor may subcontract herbicides and pesticide work with the written authorization of the Inspector, and the understanding that as the primary Contractor, they shall be liable for all work of the subcontractor including damages should they occur. Contractor shall provide copies of appropriate permits, licenses, registrations and Pest Control Advisor Site Recommendations to the City Inspector before any pesticides and herbicides are used.

16.03 Pest Control Advisor site recommendations for each chemical or combination of chemicals for each site must be turned into the Inspector, twenty-one (21) calendar days after contract award at no additional cost to City. Should an unforeseen chemical application be necessary, a Pest Control Advisor's recommendation shall be submitted the Inspector (14) days prior to its use.

16.04 All chemical applications shall be done with extreme care to avoid any hazard to any person, pet or damage to property in the area. All spraying shall be done when air currents are still to limit drift to six (6") inches.

16.05 Records of all operations stating dates, times, methods of application, chemical formulations, applicators names and weather conditions shall be made and retained in an active file for a minimum of two (2) years by the Contractor. These records must be available for review upon request from the Inspector, County, State or Federal Officers.

16.06 The monthly reports of all chemical operations stating dates, times, methods of application, chemical formulations, applicators name and weather conditions shall be made available to the City within 15-days of request (see Attachment A4 - Pesticide Use Report).

16.07 All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's office and a permit obtained with a copy to the City. A Pest Control Advisors recommendation must be on file with the Inspector prior to use of special permit chemicals.

16.08 The Landscape Contractor shall provide the Inspector with a list of all pesticides, herbicides, fungicides, and fertilizers to be used for approval as part of the City of Sacramento Integrated Pest Management (1PM) program.

IIMAINTENANCE SPECIFICATIONS II
SECTION 1: TURF CARE- MOWING AND IRRIGATION

17.TURF/MOWING OPERATION

17.01 Turf shall be maintained at heights of no less than 1.5 inches and should not be greater than two inches (2") year round. This will require at least weekly mowing except for the period of November 1 through February 14, during which time mowing will be required every two weeks (or as needed, depending upon growing conditions). If the Inspector observes during the winter months an uneven height that presents a poor appearance, the Contractor shall mow the turf additional times as required to maintain the smooth appearance.

17.02 Before mowing operation begins, all debris including stones and limbs shall be removed.

17.03 Mowing shall be done on the same scheduled service day each week.

17.04 Walkways and gutters, etc. shall be cleaned immediately following each mowing/edging. All grass clippings shall be collected and removed from the site and disposed of at an appropriate landfill on the same day the area is mowed and edged.

17.05 Turf areas will be maintained weed free as ornamental turf. Weeds shall not be allowed to exceed four (4) inches in height. Contractor may use a pre-emergent weed control method with prior approval of Inspector.

Contractor may be required by Inspector to hand pull weeds if needed.

Contractor may use chemical controls for weed, insect, fungus with prior approval of Inspector.

17.06 All turf areas shall be fertilized with a balanced product every other month (six times a year) unless otherwise directed by the Inspector.

Commercial fertilizer shall be a standard uniform pelleted form and shall comply with the chemical analysis as specified 16-6-8 or as agreed upon by City, and shall be of a slow release variety. Fertilizer is to be applied according to manufacturer's recommended number of pounds per acre. Contractor shall provide all materials, equipment and labor.

The City shall be notified two weeks prior to the expected date of application, which the City will monitor accordingly. Fertilizer shall be removed from paved surfacing immediately following application and prior to watering. The Contractor shall provide an annual fertilization schedule to the Inspector.

17.07 HAND MOWING
Hand mowing shall be performed for all turfed areas where large mowers are unable to perform. Hand mowing from November 1st to February 14thwill depend on growing conditions.

17.08 Only mowers and other equipment made specifically for turf are allowed. Trucks and other non-turf specific equipment and vehicles are not allowed on turf areas.

18.EDGING

18.01 MECHANICAL EDGING
The most visible areas (i.e. adjacent to hard borders) shall be mechanically edged as needed per the Inspector's direction.

18.02 CHEMICAL EDGING
a. Where trees and shrubs occur in turf areas, all grass growth shall be limited to at least eighteen inches (18") from the trunk of trees and away from the drip line of shrubs by use of approved chemicals.
b. Linear chemical edging of turf boundaries shall be performed in a manner that ensures a defined turf edge and limits its encroachment into beds or across boundaries where it is impractical to edge mechanically. Chemical edging of turf boundaries shall not exceed four inches (4") in width along curbs and sidewalks. Sites where chemical edging is
acceptable will be on the Maintenance Performance Schedule (see Attachment A1).
c. The Inspector must approve all linear chemical edging and/or detailing, prior to its use.
d. Chemical detailing of valve boxes, meter boxes, and similar small obstacles shall be performed in a manner that ensures operability, ease of location and/or a clean appearance and shall not exceed a six inch (6") clearance or as otherwise specified.

19.WEED CONTROL

19.01 All landscaped areas within the specified maintenance area including but not limited to lawns, planter beds, tree wells and hard surfaces shall be kept free of weeds at all time, i.e., complete removal of all

weed growth on a continuing basis as weeds appear, weed removal each 30 days is not acceptable. For the purpose of this specification, a weed will be considered "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical or chemical methods.

The Inspector may restrict the use of chemical weed control in certain areas.

19.02 Weeding shall also include the removal of weeds growing in all paved or unpaved surfaces within maintenance boundaries.

19.03 All buildings, light standards, tree wells, and wall structures shall be free of any plant growth (6" clearance). Chemicals may be used upon receiving prior approval. All quick couplers, valves, electrical boxes and sewer clean outs shall be edged or sprayed in a manner that will provide easy location and access.

19.04 CHEMICAL WEED ABATEMENT
a. Lawns shall be kept reasonably free of weeds. Weeding may be done manually or by use of selective weed killers. Extreme caution shall be exercised if selective weed killers are used so as to not damage other plant material. If spraying is done, it shall only be done at times when there is no wind. No spray shall be used if detrimental to fish or animal life.
b. Chemical weed abatement shall be used in and around areas such as planters, areas adjacent to buildings, trees, fence lines, paved and unpaved surfaces (decomposed granite walkways, etc.) etc. Prior to application of chemicals, all areas shall be trimmed to proper mowing height.
c. A pre-emergent application shall be applied to shrub beds, tree wells, borders, etc. as appropriate. The Inspector must approve all pre- and post-emergent products before application by the Contractor.
d. Insects and diseases shall be controlled by the use of approved insecticides and fungicides. Material, timing, rate of application, and application shall be supervised by a licensed Pest Control Operator.
e. Spot treat with a portable sprayer or wick wand using an effective herbicide applying per manufacturer's recommendation. Water shall not be applied to treated areas for twenty-four (24) hours after each application.
f. No contact weed control chemical may be used in flowerbeds after they have been planted for the season. Appropriate

mulches are encouraged, but must be aesthetically compatible and not physically or chemically harmful. g.Weeds treated with a contact weed chemical shall be left in placea minimum of seven (7) calendar days. If kill is not complete, asecond application shall be applied. h.Weeds treated using a systemic chemical shall be left in place permanufacturer's recommendation. If kill is not complete by thetime specified in the manufacturer's recommendation, a secondapplication should be applied. i.After a complete kill, remaining dead weeds shall be removedfrom the area and disposed of offsite and at an appropriatelandfill.20.IRRIGATION

20.01 All landscaped and turf areas shall be irrigated as required to maintain adequate growth, health and appearance regardless of plant types, or soil condition. The delivery of adequate moisture shall include but not limited to hand watering, operation of manual valves, automatic controllers, bleed valves and truck watering. Watering shall be done at night or in early morning to insure minimum inconvenience to the public. Water shall be regulated to avoid excessively wet or waterlogged areas causing: a decline in plant health, preventing turf mowing, excessive water run off onto streets and/or private property. Hand watering may be necessary on some sites and shall be performed as required. Water conservation and water restrictions are to be considered at all times. Contractor must follow all water guidelines at all times.

20.02The Contractor shall provide hoses, nozzles and sprinklers for hand watering.

20.03 A qualified irrigation specialist is required to be on the Contractor's staff, available to perform the services required under the specifications of this contract, including a weekly check of all irrigation equipment. Minimum qualifications should include a complete knowledge of automatic irrigation system installation, maintenance and repair, state-of-the-art electronic irrigation controllers, and the ability to recognize changing soil conditions, turf diseases, and drainage problems.

20.04 Contractor is responsible for setting and programming of all automatic irrigation systems. It is the Contractor's responsibility to check all sprinklers and controllers weekly for proper operation. Necessary adjustments are the responsibility of the Contractor. All sprinkler

heads are to be adjusted as necessary for unimpeded coverage and to minimize over-spray and water waste.

20.05 If a condition such as controller breakdown, electrical problems or battery failure prevents automatic irrigation, other irrigation methods shall be used if and when necessary, until repairs have been authorized and completed.

20.06 The Contractor shall maintain all sprinkler systems at no additional cost to the City, in such a way as to guarantee proper coverage and full working capability. The Contractor is responsible for repairing and/or replacing, at no additional cost to the City, any damaged irrigation system components downstream of main shut off valve including, the solenoid valve.

20.07Any plant material lost due to failure of Contractor to assure proper operation of irrigation systems shall be the responsibility of the Contractor to replace.21.IRRIGATION SYSTEM MAINTENANCE AND TESTING

21.01 Contractor and its employees shall weekly inspect and bi-monthly test all irrigation system components including sprinklers, drip emitters, valves and irrigation controllers for system operability, component malfunctions, and adjust controller schedules to address weather changes and irrigation requirements. Contractor shall maintain a log of all of their findings during their bi-monthly tests for each site, and these logs shall be kept at each site next to the irrigation time clocks. Reports from these logs shall be submitted to the Inspector within 5 . days of the inspection.

21.02 Contractor shall set and program automatic controllers for seasonal watering requirements. Within thirty (30) days after contract award, an irrigation plot map of the entire system at each site shall be prepared by the Contractor and placed in the irrigation control box and a copy given to the inspector.

21.03 Testing shall be done in the following manner:
a.From the controller, set each station and check all componentsof the system every two weeks. Maintain controller so stationsrun in sequence. Failure to test irrigation may result in anunsatisfactory or failure to comply rating. b. Adjust all sprinkler heads for direction and height for proper coverage and to minimize overspray and water waste.
c.Unplug all clogged heads, flush lines free of rocks, mud anddebris.