Contract for Services with SB854 Page 1 of 21
Rev. 9/22
1 3
4 5
2 AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC
FOR LANDSCAPE MAINTENANCE SERVICES
FOR DOWNTOWN SAN MATEO
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and BRIGHTVIEW LANDSCAPE SERVICES, INC., a CORPORATION ("CONTRACTOR"), whose address is PO Box 31001-2563 Pasadena CA.
RECITALS:
A. CITY desires certain downtown landscape maintenance services hereinafter described.
B. CITY desires to engage CONTRACTOR to provide these downtown landscape maintenance services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
Proposer shall perform the work according to the specifications outlined in Exhibit A SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.
CONTRACTOR and his subcontractors shall comply with State’s Prevailing Wage Laws.
CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. For the work performed for the Contract for Services with SB854 Page 2 of 21
Rev. 9/22
1 3
4 5
2 City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as determined by the California Department of Industrial Relations, for this locality. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR's work. CONTRACTOR shall not be liable for any loss or damage to plant material resulting from state or local water regulations or mandates or CONTRACTOR’s compliance or good faith efforts to comply with state or local water regulations or mandates. CONTRACTOR shall not provide representations, warranties, or assurances as to the safety of chemical substances used while performing the services, provided that CONTRACTOR applies such substances properly and in accordance with applicable laws and regulations.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2026 and be completed on June 30, 2028. City Manager can execute up to three one-year extensions.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR in an amount not to exceed $166,104.00, a fee pursuant to rates stated in Exhibit B, attached and incorporated by reference.
City will retain from any payments due hereunder sufficient funds to discharge any delinquent accounts of Contractor for which liens have been or can be filed, and City may at any time pay therefrom for Contractor's account such amounts as are admittedly due thereon. Funds will be withheld for any work deemed by City's representative in charge as not meeting the requirements of this specification.
SECTION 6 – TERMINATION
1.Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice. CONTRACTOR may, at its discretion, terminate this agreement upon expiration of ninety (120) days after written notice to that effect has been given to the CITY.”
Contract for Services with SB854 Page 3 of 21
Rev. 9/22
1 3
4 5
2 SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.
Contract for Services with SB854 Page 4 of 21
Rev. 9/22
1 3
4 5
2 SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
Contract for Services with SB854 Page 5 of 21
Rev. 9/22
1 3
4 5
2 SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.
SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: City of San Mateo
Attn: Tim Heartquist
Managing Arborist
330 W. 20th Avenue
San Mateo, CA 94401
To CONTRACTOR: Brightview Landscape Services, Inc.
Attn: Brandon Steene
7039 Commerce Circle, Suite B
Pleasanton, CA 94588
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.
Contract for Services with SB854 Page 6 of 21
Rev. 9/22
1 3
4 5
2 SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
Contract for Services with SB854 Page 6 of 21
Rev. 9/22
1 3
4 5
2 Contract for Services with SB854 Page 7 of 21
Rev. 9/22
1 3
4 5
2 IN WITNESS WHEREOF, CITY OF SAN MATEO and Brightview Landscape Services, Inc., have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Brandon Steene
Vice President
BrightView Landscape
Services, Inc.
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date Melynda Rudolff
Regional Finance Manager
Brightview Landscape
Services, Inc.
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
Exhibit D: Map
Exhibit E: IPM Policy
Exhibit F: Extraordinary Work
Contract for Services with SB854 Page 7 of 21
Rev. 9/22
1 3
4 5
2 Contract for Services with SB854 Page 8 of 21
Rev. 9/22
1 3
4 5
2 EXHIBIT A
SCOPE OF SERVICES
General Work Specifications
The Proposer shall furnish all labor, equipment, materials, tools and supervision to perform landscape maintenance as described herein including, but not limited to, the following:
(a) Weed control and cultivation, mechanically and/or with chemicals; glyphosate is not permitted. (b) Fertilization once per year, minimum.
(c) Shrub trimming, pruning and training.
(d) Clearance pruning and staking of young trees (3 inch DBH or less) as needed. (e) Control of landscape plant pests and diseases.
(f) General litter pick up, refuse and debris removal from planters and landscape areas. (g) Irrigation system monitoring, maintenance and repair. (h) Hand watering planters.
(i) Hand watering of young street trees as needed.
(j) Hardscape cleaning, including graffiti on planters and pots. (k) Bedding plant (seasonal flowers) replacement (4 times per year) and maintenance in 91 pots. (l) Addition and replacement of potting soil as required to maintain proper drainage and plant health and keep pots filled to 1-3” below the rim.
Detailed Work Specifications
All work shall be performed in accordance with the highest landscape maintenance standard, as stated in the Detailed Work Specifications. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.
These specifications are intended to cover all labor, material, standards of landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Proposer as if described in the specifications. 1)Disposal: The Proposer shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses, and shall pay all disposal fees. The City shall in no way be responsible for the disposal.
2)Records: Proposer shall keep accurate records concerning all of his employees or agents and within fifteen (15) days of the effective date of this Agreement, provide the City with names, addresses, and telephone numbers of employees to be called in case of emergency. Proposer shall keep accurate records of all pesticide use.
3)Pesticides:
Contract for Services with SB854 Page 9 of 21
Rev. 9/22
1 3
4 5
2 a) All pesticide operations, where required, shall be performed or supervised by a California State Licensed Pest Control Applicator through written recommendation by a California State licensed Pest Control Advisor. The Proposer shall be responsible for compliance with all Federal, State and local laws and regulations regarding pesticide usage. Proposer shall provide copies to the City of his/her license and registration of both of his/her Pest Control Advisors and Pest Control Operators licenses. The names and permit numbers will be supplied to the City at the beginning of Contract, and any changes to this information shall be forwarded within 24 hours of said change. Proposer shall submit a copy of a “Pesticide Use Summary” to the City on a monthly basis. Payment of monthly invoices will be withheld unless a Pesticide Use report is submitted. b) The Proposer shall not be permitted to store any pesticide within a City-owned facility without express written permission of the City representative.
c) Some pesticides are prohibited – See Exhibit E, IPM Policy. 4)Repairing Damaged Work:
a) The Proposer will report without delay any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by the Proposer’s act hereunder.
Watering, pesticide spraying and other maintenance specifications shall not be done at a time when it might damage parked cars or at times when activities in the Contract area might be inconvenienced or disrupted.
b) Repairs to the irrigation system resulting from damage by other than the Proposer’s operation (e.g., vandalism) shall be reported promptly to the Managing Arborist, or designee, together with an estimate of costs for correction of the condition. The Managing Arborist may authorize repair by the Proposer and the City will pay the Proposer for this work. c) The Proposer shall be responsible for the replacement of all plant materials, including trees, shrubs, ground cover and similar materials. The full cost of such replacement, including the cost of labor, shall be borne by the Proposer, except as provided in subsection “D” below. d) Replacement of plant materials damaged or destroyed by City forces, or as a result of an accident or vandalism, shall be reported promptly to the Tree Maintenance Specialist or Managing Arborist together with an estimate of costs for replacement. The Managing Arborist may authorize replacement by the Proposer, and the City will pay the Proposer for the cost of the replacement including the cost of labor.
5)Schedules:
a) Annual Schedule:
i) The Proposer shall provide an Annual Maintenance Schedule indicating the time frames when items of work shall be accomplished per the performance requirements. This maintenance schedule shall be a document which clearly states when required landscape maintenance practices will occur. Both the Proposer and the City should be able to refer to this schedule to determine when required maintenance shall occur.
ii) The Proposer shall complete the schedule for each facility in a manner that shall correspond to the weekly schedules.
iii) The Annual Schedule shall be submitted to the City for approval within fifteen (15) calendar days after the effective date of the Contract.
Contract for Services with SB854 Page 10 of 21
Rev. 9/22
1 3
4 5
2 iv) The Proposer shall submit revised schedules when actual performance differs substantially from planned performance.
v) Special events may necessitate changes or variations in scheduling. The Proposer shall adapt all schedules to the City’s requests. Scheduled annual events include, but are not limited to:
the Downtown Holiday period from Thanksgiving Day to New Year’s Day. b) Irrigation Controller Schedules:
i) Proposer shall provide irrigation controller schedules for each controller indicating locations, stations, and minutes per each station. These schedules should be updated monthly. Random, unscheduled irrigation test by City staff will be used to confirm irrigation system operation and scheduling. Payment of monthly invoice will be withheld unless an irrigation controller schedule along with the scheduled dates for the monthly irrigation testing is submitted. 6)Irrigation System Maintenance:
a) The Proposer shall maintain all irrigation systems in a professional, operable condition at all times. This includes but is not limited to controllers, back-flow devices, moisture sensors, manual and remote control valves, wiring, pipes, sprinkler heads, drip irrigation equipment, hose bibs, and quick couplers. The Proposer shall not be responsible for the water meter assembly except if Proposer’s operations cause damage to these items. b) Repair, replace or adjust all sprinkler heads to maintain proper and uniform water application.
The Proposer will adhere to all State and local regulations accordingly. c) Adjust water application to compensate for changes in weather. Proposer will be responsible for damages occurring due to underwatering or overwatering operations. d) Proposer shall turn off irrigation system controllers during periods of rain. Water runoff onto roadways or sidewalks is not permitted.
e) All sprinkler part replacements are to be made with original type material or better; the Managing Arborist shall approve all substitutes.
f) Repair or replacement of equipment damaged as a result of Proposer’s negligence shall be replaced at the Proposer’s expense.
g) Necessary irrigation repairs shall be made prior to the next irrigation cycle. h) Irrigation programming charts will be updated each month. i) Areas that require irrigation will have such accomplished no later than 7:30 a.m. j) Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing and other operational conditions. Such inspection shall be made at least once per month; however, the Proposer shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur.
k) Repairs. All portions of existing facilities, including irrigation systems, which are damaged or altered in any way, as a result of the performance of work under these Specifications during the term of the Contract, shall be repaired and replaced in kind and in an approved manner. All work of this kind shall be performed by the Proposer at no cost to the City, and shall be as indicated by the City’s representative. Repairs to facilities shall be made immediately after Contract for Services with SB854 Page 11 of 21
Rev. 9/22
1 3
4 5
2 damage or alteration occurs, unless otherwise instructed. A comprehensive testing and check of all irrigation systems shall be made approximately thirty (30) days prior to the end of the contract, and any repairs deemed the responsibility of the Proposer shall be made by the Proposer prior to the end of the Contract. If the Proposer does not make repairs to the satisfaction of the City, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Managing Arborist. l) Contractor must operate irrigation systems in compliance with any current CalWater restrictions relating to water conservation.
m) Maintenance required from ordinary normal use of irrigation systems is to be covered within the scope of the contract. The reference to “maintenance and repair” of irrigation systems is construed to mean any ordinary wear and damage to an irrigation component which is not an act “of God, vandalism, theft, civic disturbance or accident…” Examples of ordinary irrigation wear and tear are, but are not limited to, controller malfunctions, value malfunctions, occasional cracked irrigation pipes, occasional broken sprinkler heads, emitters, o-rings, solenoids, and valve diaphragms.
i) Examples of an act of God would be earthquake or storm damage. Vandalism or theft should be of an obvious nature so that a police report of the incident could be filed with the San Mateo Police Department. An accident, such as damage by a vehicle collision of a backflow device or valve box, should also be apparent with evidence of impact or by the nature of the damage.
7) Ground Cover Maintenance:
a) All ground cover areas shall be maintained in a trimmed and weed-free condition. b) Weeds shall be removed upon appearance. Weed removal shall be done on a weekly basis. A pre-emergent herbicide may be used where appropriate in shrub and ground cover beds to inhibit weed growth. Weeds not killed with herbicides shall be removed manually. The Proposer at his expense shall replace plants killed by weeds and chemicals, etc. c) Ground cover areas shall be fertilized once per year in April with 3-0-1 ratio commercial fertilizer, at a rate of 1 pound N per 1,000 square feet. Fertilizer shall be a complete fertilizer furnishing the required amount of nitrogen and other nutrients to keep ground cover, trees, shrubs and other plants in a healthy and vigorous growing condition. Applications shall be made at recommended rates. If the application of iron, zinc or other trace minerals is required to correct a specific soil deficiency, it shall also be applied as specified at the Proposer’s expense. d) Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, shrubs, roadways or other adjacent areas.
e) Irrigate as required to maintain adequate growth and reasonable appearance. f) Control pests, including insects and diseases, as necessary to maintain a healthy environment for plant growth. This includes rodents, snails and slugs which are impacting plant growth or appearance.
g) Bare ground cover areas shall be kept cultivated and raked of all debris. 8) Shrub, Vine, Flower and Tree Maintenance:
Contract for Services with SB854 Page 12 of 21
Rev. 9/22
1 3
4 5
2 a) Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant’s natural character.
b) Trim shrubs to maintain the size and shape specified by the Managing Arborist. c) Pruning shall be accomplished to maintain a “natural” appearance. d) Remove all dead, diseased or damaged branches back to a side branch. Do not leave branch stubs unless approved in advance.
e) Application of an iron chelate fertilizer or other micronutrients shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. f) Irrigate as required to maintain adequate growth and appearance. g) All bare shrub bed areas shall be raked monthly to remove all litter and other debris. h) Growth of woody plants shall be encouraged except where it interferes with circulation, maintenance activities, roadways, drainage facilities, fence lines or other structures. Dead branches of plants shall be removed regularly.
i) Trim plant material regularly adjacent to curbs, sidewalks and roadways to provide for proper, unobstructed circulation.
j) Any paper, weeds, cans or other litter found in ground cover/shrub beds shall be removed on scheduled days.
k) Annual flowers (bedding plants) shall be cultivated, watered and weeded on a weekly basis.
Proposer shall change out bedding plants four times per year, using 4” pot or larger, container plants in all stand-alone pots. Bedding plants will be installed no later than November 1st, for the holiday shopping season. The November planting shall include a minimum of 40 flats of red and white cyclamen. Other color changes shall occur no later than March 1st, June 1st, and August 1st of each year. Proposer shall purchase and install a minimum of 80 flats (16, 4” pots per flat) of bedding plants 4 times per year at his/her expense, as part of this contract. Proposer must obtain approval from City on plant species prior to ordering them. l) Hand-watered planters. There are a series of raised stand-alone planters at various locations.
These have no water source available and need to be hand-watered by the Proposer on a regular schedule. The Proposer shall be responsible for transporting water to these locations using City water sources. Plant material lost due to improper hand-watering shall be replaced at the Proposer’s expense. Hand-watered planters may be relocated within the Downtown as required for other City projects. Proposers are required to water all planters within the downtown area. The current locations are as follows:
i) See Downtown Landscape Maintenance Locations Map – Exhibit D. 9) Tree Care:
a) Stake and support trees as necessary. Staking and guying shall be done in accordance with City standards.
b) All tree guys, ties and stakes shall be checked regularly to avoid girdling and damage. c) Proposer shall stake or otherwise support trees during inclement weather, and remove branches and other debris generated by such weather.
Contract for Services with SB854 Page 13 of 21
Rev. 9/22
1 3
4 5
2 d) Each site shall be inspected for dead or dying trees; broken, cracked or hanging branches; or other hazards. Immediately notify the Tree Maintenance Specialist if any of the above conditions exist.
e) Except for emergency removal, no tree or shrub shall be removed without prior direction or approval of the City. Trees and shrubs badly damaged and in need of replacement shall be brought to the attention of the Managing Arborist or Tree Maintenance Specialist. f) Water as required to maintaining proper and vigorous growth according to variety. g) Hand-water to establish recently planted trees.
h) Complete tree pruning will be accomplished by the City and is not a part of these contract provisions.
Maintenance Frequency Summary
The following maintenance frequencies indicated are taken from the contract documents in the special Provisions section. The summary indicated here is the minimum level of service required. The Proposer is required to maintain the areas per the contract specifications and at the minimum frequencies listed here.
Function Minimum Frequency
Litter Pick-Up Daily
Weeding Daily
Hand Watering Daily or as needed
Irrigation System Inspection Monthly
Controller Inspection Weekly
Pruning (shrubs) Monthly
Trimming (ground covers, vines, etc.) Monthly
Pesticide application As needed or directed by City
Fertilization Semi-annually
Shrub, vine, and ground cover inspection Weekly
Seasonal flower color planting (4” pots) Quarterly (November, March, June, August) -- End of EXHIBIT A: SCOPE OF SERVICE --
Contract for Services with SB854 Page 13 of 21
Rev. 9/22
1 3
4 5
2 Contract for Services with SB854 Page 14 of 21
Rev. 9/22
1 3
4 5
2 EXHIBIT B
PAYMENT RATES
A monthly payment of $6921.00 is to be made to Brightview Landscape Services, Inc., not to exceed $166,104, on satisfactory completion of work. Invoices shall be sent to [email protected] and [email protected].
-- End of EXHIBIT B: PAYMENT SCHEDULE --
Contract for Services with SB854 Page 14 of 21
Rev. 9/22
1 3
4 5
2 Contract for Services with SB854 Page 15 of 21
Rev. 9/22
1 3
4 5
2 EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Contract for Services with SB854 Page 16 of 21
Rev. 9/22
1 3
4 5
2 Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. -- End of EXHIBIT C: INSURANCE REQUIREMENTS --
Contract for Services with SB854 Page 16 of 21
Rev. 9/22
1 3
4 5
2 Contract for Services with SB854 Page 17 of 21
Rev. 9/22
1 3
4 5
2 EXHIBIT D:
MAP
Contract for Services with SB854 Page 17 of 21
Rev. 9/22
1 3
4 5
2 Contract for Services with SB854 Page 18 of 21
Rev. 9/22
1 3
4 5
2 EXHIBIT E
IPM POLICY
The City has an Integrated Pest Management (IPM) Policy. The City’s IPM policy strives to promote IPM strategies to improve water quality in local creeks and the Bay, independent of the policy, and minimize health hazards to people from pesticide exposure.
The service provider shall conform to City’s IPM Policy in the following manner:
1) Furnish all supervision, labor, materials, and equipment necessary to evaluate, monitor, and provide pest management services for City of San Mateo rights-of-way, turf, landscaping and other terrestrial vegetation resources.
2) Whenever feasible, utilize pest management techniques that employ least toxic chemicals and non- pesticide alternatives.
3) Using IPM strategies, control vegetation pests that include insects, diseases, slugs, snails, and rodents.
4) Control pests while minimizing human exposure, secondary poisoning to non-target animals and pesticide-related water pollution by adhering to the following conditions:
a) the following products may not be used for pest control:
i) copper containing products
ii) organophosphate products (e.g., diazinon, chlopyrifos, malathion, parathion) iii) carbamate products (e.g., carbaryl)
iv) pyrethroid products (e.g., allethrin, bifenthrin, beta-cyfluthrin, bioallethrin, cyfluthrin, cypermethrin, cyphenothrin, deltamethrin, esfenvalerate, etofenprox, fenpropathrin, gamma-cyhalothrin, imiprothrin, lambda-cyhalothrin, metofluthrin, permethrin, phenothrin, prallethrin, resmethrin, sumithrin (d-phenothrin), tau-fluvalinate, tefluthrin, tetramethrin, tralomethrin, cis-permethrin, and zeta-cypermethrin) v) fipronil
vi) clopyralid products
b) Emergency applications of restricted chemical pesticides can be authorized by the project manager by submitting a written recommendation from a Pest Control Advisor (PCA) for use of the particular chemical, and should describe why less toxic alternatives are not practical. 5) Pest management and pesticide use tracking and reporting. The following records will be kept and procedures followed while servicing these sites:
6)Inspection Report. Provide inspection and recommendation report to Project Manager or their designee after each site visit.
7)Pesticide Use Report. Provide monthly pesticide reporting information using the standard California Department of Pesticide Regulation form PR-ENF-060 or equivalent. Submit the pesticide use information to the City Project Manager with the monthly billing invoice. Any recommendations for restricted chemical use must also be included with the monthly report. 8) Qualifications.
Contract for Services with SB854 Page 19 of 21
Rev. 9/22
1 3
4 5
2 a) Service provider will be in compliance with all federal, state, and local pest control operator requirements and regulations and maintain current licenses. b) The City strongly encourages IPM certification. The following firms offer instruction and certification determined by the Regional Water Quality Control Board to satisfy standards of training for IPM:
i) Bay-Friendly Landscaping and Gardening Coalition. http://bayfriendlycoalition.org/ (1) This is not intended as an endorsement of any particular firm. Other firms may offer comparable training. The service providers should submit a copy of their IPM certification.
9) Ongoing IPM Training: The City encourages service providers to attend annual IPM trainings.
Service providers should submit documentation demonstrating their attendance at IPM trainings. -- End of EXHIBIT E: IPM POLICY --
Contract for Services with SB854 Page 19 of 21
Rev. 9/22
1 3
4 5
2 Contract for Services with SB854 Page 20 of 21
Rev. 9/22
1 3
4 5
2 EXHIBIT F
EXTRAORDINARY WORK
1) General:
a) New or unforeseen additional work will be classified as extra work and will be performed only upon approval by the Managing Arborist, or their designee, unless a condition exists wherein it appears that there is danger of injury to persons or damage of property. In seeking extra work approval, Proposer shall delineate costs related to how much of the job shall be labor/supervision and materials/parts, if any.
b) The City as a result of Acts of God, vandalism, theft, civic disturbances, or accidents may require the Proposer to perform extraordinary work.
c) Extraordinary work may also be required by the City in order to add new landscaping or to delete, modify, or renovate existing landscaping and/or irrigation system parts. d) Extraordinary work shall not interfere with the completion of the general maintenance work.
For large projects of $1,000 or more, an “Extra” crew, supervised by the Proposer, shall be used in order to keep the regular maintenance crew doing their scheduled work. 2) Process:
a) The Proposer shall provide in writing a cost estimate and timeline for extraordinary work described. The City shall approve all estimates in writing. The Proposer shall perform the necessary work and invoice the City for the work performed according to the City’s policies. 3) Payment:
a) Payment for extra work may be by written agreement between Proposer and City on a particular unit price, stipulated for extra work; or on a lump sum price basis. b) The City will pay for fully documented extra work based on an accumulation of costs established as follows:
i) Labor: The costs of labor will be the actual hours multiplied by the rate indicated in the Proposal Schedule. The Proposer is required to pay costs for wages prevailing locally for the craft or type of workers at the time the extra work is done, plus employer payments of payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State and local laws. ii) Materials: The cost of materials shall be at invoice or lowest current price at which same materials are locally available, in the quantities involved plus tax, freight and delivery. A Material Invoice must be attached to the billing.
Contract for Services with SB854 Page 21 of 21
Rev. 9/22
1 3
4 5
2 iii) Tool and Equipment Rental: No payment will be made for the use of tools which have a replacement value of $100 or less, regardless of the ownership. The rates to be used in determining equipment rental costs shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at the time the work is performed. iv) Markup:
(1) Work by Proposer: A fifteen percent (15%) markup shall be added to the Proposer’s costs and shall constitute the markup for all overhead and profits of labor, materials, equipment rental, and other items.
(2) Work by Sub-Contractor: When all or part of the extra work is performed by the sub- contractor, the markups established for the prime Proposer shall be applied to the sub- contractor’s actual costs of such work, to which a markup of five percent (5%) on the subcontracted portion of the extra work may be added by the prime Proposer, unless otherwise indicated in the Proposal Schedule.
c) Payment – General Invoices: Proposer, sub-contractor(s) and vendor invoices for materials, labor, and equipment shall be submitted with a request for payment as follows:
i) Labor: Names of workers, classification, hours worked, and rate of pay. ii) Material: Substantiating invoices shall describe and list the quantities of the materials used. iii) Equipment: Type of equipment, size, hours of operation, and loading and transportation, if applicable.
-- End of EXHIBIT F: EXTRAORDINARY WORK --