RICH ONGIRSKI & DIKRAN VARTAN
Date: 10//2024
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &!
JONES SPORTS
Prime Time. Accomplished.
Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-20- 00 41 43 – BID FORMS
00 41 43 – BID FORMS
1.1 BID.
Bids will be received by the Forty Niners Stadium Management Company LLC via its eProcurement Portal, https://49ers.bonfirehub.com/portal until 1:00 p.m. (PT) on October 29, 2024.
NAME OF BIDDER: _____Jones Sign Co., Inc. __________________________________ The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:
Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.
The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:
Addendum No. 11 and Addenda No. __2 dated 10/23/2024__________________
1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.
2. Attached is the completed List of Subcontractors form.
3. Attached is the completed Bidder Information and Experience form.
4. Attached is the fully executed Non-Collusion Declaration form.
5. Attached is the completed Iran Contracting Act Certification form.
6. Attached is the completed Public Works Contractor Registration Certification form.
7. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.
1 Addendum No. 1 is issued concurrently with this RFB-FY24-0069 and made a part hereof by this reference.
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-21- 00 41 43 – BID FORMS
A. BID SCHEDULE
BASE BID SCHEDULE
NO. ITEM DESCRIPTION
UNIT OF
MEASURE
ITEM
COST
1. East Exterior Sign (X-01) – See
Section 1.a.i of the Technical
Specifications for Base Bid
Item No. 1 scope summary.*
Lump Sum
(LS)
$1,016,200.48
2. West Exterior Sign (X-02) –
See Section 1.a.ii of the
Technical Specifications for
Base Bid Item No. 2 scope
summary.*
Lump Sum
(LS)
$923,012.92
3. South Videoboard Sign (X-03A)
– See Section 1.a.iii of the
Technical Specifications for
Base Bid Item No. 3 scope
summary.*
Lump Sum
(LS)
$1,022,192.62
4. North Videoboard Sign (X-03B)
– See Section 1.a.iv of the
Technical Specifications for
Base Bid Item No. 4 scope
summary.*
Lump Sum
(LS)
$1,017,149.85
*BIDDERS ARE ADVISED THE BID ITEMS SPECIFIED IN THE SCHEDULE ABOVE ARE
INCLUSIVE OF ALL WORK REQUIRED TO COMPLETE EACH BID ITEM INCLUDING,
WITHOUT LIMITATION, ALL GENERAL CONDITIONS, MOBILIZATION,
METALS/STRUCTURAL STEEL, FINISHES (COATINGS), SPECIALTIES (ELECTRIC SIGNS),
MOCKUPS, ELECTRICAL, TRANSPORTATION, MATERIAL PROCESSING AND HANDLING
EQUIPMENT, MATERIALS, DEMOLITION, DISPOSAL, SUPERVISION, AND PROJECT MANAGEMENT.
BASE BID AMOUNT (SUM OF ALL LINE ITEMS ABOVE)
$3,978,555.87
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.
In case of discrepancy between the Item Cost and Bid Amount, the Item Cost shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as an Item Cost is ambiguous, unintelligible or uncertain for any cause, or is omitted, then the amount set forth as the Bid Amount shall prevail.
The estimated quantities for items, if any, are for purposes of comparing Bids only and the Stadium Manager makes no representation that the actual quantities of work performed will not -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-22- 00 41 43 – BID FORMS
vary from the estimates. Final payment shall be determined by the Stadium Manager’s Representative from measured quantities of work performed based upon the Item Cost.
B. TOTAL BID PRICE
The Total Bid Price is the amount specified below, which shall be used to determine the lowest Bid. The Total Bid Price includes the Base Bid Amount only.
TOTAL BID PRICE: $ 3,978,555.87
For purposes of evaluating Bids, the Stadium Manager will correct any apparent errors in the extension of unit prices, any apparent errors in the addition of lump sum and extended prices, and any apparent errors in calculating the Total Bid Price.
C. TERMS OF BID:
The undersigned agrees that this Bid Form constitutes a firm offer to the Stadium Manager which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the Stadium Manager and a third party, whichever is earlier.
The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) calendar days after the Stadium Manager provides the successful bidder with the Notice of Award.
Upon receipt of the signed contract and other required documents, the contract will be executed by the Stadium Manager, after which the Stadium Manager will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within fourteen (14) calendar days of the date of the Notice to Proceed, unless otherwise specified.
The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done.
If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within Santa Clara County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file with the Stadium Manager and shall be made available to interested parties upon request.
Enclosed find cash, bidder’s bond, or cashier’s or certified check No. _________ from the _______________ Bank in the amount of ________________________________, which is not less than ten percent (10%) of this bid, payable to Forty Niners Stadium Management Company LLC as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work.
The bidder furthermore agrees that in case of bidder’s default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-23- 00 41 43 – BID FORMS
certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the Forty Niners Stadium Management Company LLC.
Bidder is an individual ______, or corporation __X___, or partnership ______, organized under the laws of the State of __Wisconsin______________________.
Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):
CA License – 959771; Expiration- 6/30/2025; C45 Electrical Signs
If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.
Sureties will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10) calendar days from the date the Stadium Manager provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California.
The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than “A-” and a Financial Size Category of not less than “Class VII” according to the latest Best Key Rating Guide. At the sole discretion of the Stadium Manager, the Stadium Manager may waive the Financial Strength Rating and the Financial Size Category classifications for Workers’ Compensation insurance. (signatures continued on next page)
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
Executed at Jones Sign Co., Inc. 1711 Scheuring Rd, De Pere, WI, on this 30th day of October , 2024. ,,\l1o\lll/f1 ,,,,
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(Signature)
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Na~·es • of1ri'dividual members of firm or names and titles of all officers of corporation and their addresses are listed below:
Name Todd Patrickus Title Chief Executive Officer
Complete Address_----'-1-'-71-'-1~S=ch"""e"-'u=r'-'--in=g-'-R-'-'o"-=ac.;..;;d;..., -=D-=ce....;.P_;e~r-=-e,_, W;;..;;..;_I _;5'-4'""'1-'-1-=-5 _________ _ Phone 920-425-9823 FAX 920-983-9145 -~~~~~~--------
Name Cheri Perrault Title __ ..;:;C;..;:o"'"'n=tr-=-o=lle=r ____________ _ Complete Address 1711 Scheuring Road, De Pere, WI 54115 Phone ----"-=----'-=~:;.-=.....:..=....________ 920-425-9843 FAX ---------------- 920-983-9145 Name N/A Title -~"--'---------- ------------------ Complete Address ---------------------------- Phone FAX --------------- ----------------
Name N/A Title ----'-''-'------------- ------------------ Complete Address ___________________________ _ Phone _______________ FAX _______________ _
Levi's Stadium Levi's Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-24- 00 41 43 - BID FORMS
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &!
1.2 BID BOND
[Note: Not required when other form of Bidder's Security, e.g. cash, certified check or cashier's check, accompanies bid.]
The makers of this bond are, Jones Sign Co. , Inc. , as Principal, and Endurance Assurance Corporation , as Surety and are held and firmly bound unto the Forty Niners Stadium Management Company LLC, hereinafter called the Stadium Manager, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to Stadium Manager for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated October 31st , 20 ~ . for the Levi's Stadium Levi's Naming Rights Signage Refurbishment/Replacement Project.
If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the Stadium Manager as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the Stadium Manager and judgment is recovered , the Surety shall pay all litigation expenses incurred by the Stadium Manager in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses.
By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several -sea_ls this 28th day of October , 20~, the name and corporate seal of . each. ·corp.Qi~ation .
• (C·o~porate Seal) I ...
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' (Co/ ;:i:6rate:" S_e.alj ~ .... :· j ., ·-,, •' • '
• : t ~ l ? t • •.: ~ ~
. (Att~c:h At';ci~n-~"y-'. in-Fact Certificate) . ' . . . . ,?
L~ili's Stadium· L~~i's Naming Rights Sign age
RefurbishmenUReplacement Project
RFB Number: RFB-FY24-0069
-24-
Jones Sign Co., Inc.
Contractor/ Principal
By ~ 716 ===~
TitleCh·,ee Sere £ .IE. <1½c-o'(
Endurance Assurance Corporation
Surety ~~
By _______ ...,,._~----
00 41 43 - BID FORMS
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF 8ALIFORN!AlAHSc~\f")
COUNTY OF fbre,'-C>:'.O
On e?c,>db, c d-Z , 20~, before me, fuC: A\J,._, iolo ~· Notary Public, personally appeared :::re &d Q 'i?alhl ck CA--$ , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. , , '' t ,.
C ' ~, ' ' • I
\ \.1 ·,: • / .·• WITNESS my hand and official seal.
: '
Sig7uredtNotary Public ~f ~9( ~
' I
. ' . OPTIONAL
' Tho:Ugh the··_information below is not required by law, it may prove valuable to persons relying on the document •• , • : .. • and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
o Individual
□ Corporate Officer
□ Partner(s)
o Attorney-In-Fact
□ Trustee(s)
□ Guardian/Conservator
o Other:
Signer is representing:
Title(s)
□
□
Name Of Person(s) Or Entity(ies)
Limited
General
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Levi's Stadium Levi's Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-25- 00 41 43 - BID FORMS
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, ana not the truthfulness, accuracy, or validity of that document.
STATE OF MISSOURI
COUNTY OF St. Louis
On October 28th 20_1i_, before me, ___ T_am_ar_a_B_o_w_s_e_r ________ , Notary Public, personally appeared ___ A_n_ne_M_. _G_lie_d_t ____________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Tamara Bowser
Notary Public - Notary Seal
State of Missouri
i St. Louis County
. My Commission Expires September 19, 2025
Commission #21361595
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
□ Individual
□ Corporate Officer
□ Partner(s)
□ Attorney-In-Fact
□ Trustee(s)
□ Guardian/Conservator
□ Other:
Signer is representing:
Title(s)
□
0 Name Of Person(s) Or Entity(ies)
Limited
General
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
Levi's Stadium Levi's Naming Rights Signage
RefurbishmenUReplacement Project
RFB Number: RFB-FY24-0069
END OF BID BOND
-26- 00 41 43 - BID FORMS
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! • 1 SOMPO INTERNATIONAL POWER OF ATTORNEY
2775
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ('EAC'), Endurance American Insurance Company, a Delaware corporation ('EAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), and/or Bond Safeguard Insurance Company, a South Dakota corporation ('BSIC'), each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: DeAnna M. Maurer, Anne M. Gliedt, Kevin McDaniel, Stephanie L. Klearman, Mark R. Duggan, Lauren Blair, Jane M Dew, Tamara Bowser, Roxanne Avila, Nancy Singleton, Meredith McMillen as true and lawful Attorney(s)-ln-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million ($100,000,000.00) Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate".
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023.
Endurance Assurance Corporation Endurance American
Insurance Company
I, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
Lexon Insurance Company Bond Safeguard
Insurance Company
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO,
and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing , sealing a11rJ delivering bonds,
undertakings or obligations in surety or co-surety for and on behalf of the Company." .
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of \11e whole therer,;.' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 28th day of Oct ber , 'io24 By: Daniel e, Secretc1ry
NOTICE: U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL OFf.•,C\ No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. Thi~ Notice prr1vides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully,, The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency''. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website- https://www.treasury.gov/resource-center/sanctions/SDN-List.
In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: [email protected] Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-28- 00 41 43 – BID FORMS
1.3 LIST OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.
DIR
Registration
Number
% of
Work
Electrical Cupertino Electric
Inc.
1132 North
Seventh St.
San Jose, CA
95112
#174637 1000003692 10%
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Work to be CSLB DIR
Name of Location of Contractor Registration %of done by Subcontractor Business License No. Number Work Subcontractor (Attach additional sheets if necessary)
Name of Bidder_~J~on~e~s~S-'-ig""'"n-'----C ___ o ...... '--'-1"'-'-nc"""'.'----------------------- Signature, __ ___.:'.'.Z.!:_v: ~~ . ~~~~6~::::"'~==-- ~ ------------ • Name and Title __ T"-,;o:;..:d:.:..:d;;....;P"-a=t=ri=c.a..:.ku=s"---'-1 C=..:..:.h=ie"'--f-=E=x-=-ec=u=t:.:..:iv--=e_O=-ff=i=c-=-er"-------------- Dated 10/30/2024 --~~~~~---------------------------
Levi's Stadium Levi's Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-29- 00 41 43 - BID FORMS
Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-30- 00 41 43 – BID FORMS
1.4 BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture.
1.0 Name of Bidder: __Jones Sign Co., Inc. _________________________
2.0 Type, if Entity: _____S- Corporation_________________________________
3.0 Bidder Address: ___1711 Scheuring Road De Pere, WI 54115________ _____________________________________________________________ __920-983-9145________________________920-983-6700______________ Facsimile Number Telephone Number
[email protected] or [email protected]_________________ Email Address
4.0 How many years has Bidder’s organization been in business as a Contractor? ___114 years ___________________
5.0 How many years has Bidder’s organization been in business under its present name? _____114 years___________
5.1 Under what other or former names has Bidder’s organization operated?_____N/A_______________________________________
6.0 If Bidder’s organization is a corporation, answer the following:
6.1 Date of Incorporation: ____12/29/1975___________________
6.2 State of Incorporation: ____Wisconsin____________________
6.3 President’s Name: __Todd Patrickus__________________
6.4 Vice-President’s Name(s): ___Sara Ledvina __________________ ________________________________
6.5 Secretary’s Name: ____Cheri Perrault_________________
6.6 Treasurer’s Name: ____N/A_________________________
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-31- 00 41 43 – BID FORMS
7.0 If an individual or a partnership, answer the following:
7.1 Date of Organization: ___N/A_______________________________
7.2 Name and address of all partners (state whether general or limited partnership):
___N/A_____________________________________________________ ___________________________________________________________ ___________________________________________________________
8.0 If other than a corporation or partnership, describe organization and name principals:
___N/A_____________________________________________________ ___________________________________________________________
9.0 List other states in which Bidder’s organization is legally qualified to do business. _Jones Sign is legally qualified to do business in all 50 states. __________ ___________________________________________________________ ___________________________________________________________
10.0 What type of work does the Bidder normally perform with its own forces? Fabrication and installation- We are a turnkey provided for signage and _architectural elements. _________________________________
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
_No, we have never failed to complete any work that was awarded to us. ___________________________________________________________
12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
__No officer or partner of Jones Sign has failed to complete a contract. __ ___________________________________________________________ -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-32- 00 41 43 – BID FORMS
13.0 List Trade References:
_Fastenal- Contact Mark Frieberg- #920-983-9900___________________ _Piedmont Plastics- Contact Becky Hazle- Jones - #704-816-1954_____ _Liebovich Steel & Aluminum- Contact Credit Dept- #920-759-3525______ _N. Glantz & Son – Contact Brandon Cook- #502-568-4439____________
14.0 List Bank References (Bank and Branch Address):
__Nicolet National Bank________________________________________ __111 North Washington St.____________________________________ __Green Bay, WI_____________________________________________ _Contact: Michael Vogel, Vice President, Commercial Banker___________
15.0 Name of Bonding Company and Name and Address of Agent:
__Endurance Assurance Corp, member of Sompo International Insurance_ _Companies_________________________________________________ _Agent- Lockton Companies- Three CityPlace, Ste 900, St. Louis, MO 63141_ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-33- 00 41 43 – BID FORMS
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
222 Orange FacadeOrlando, FL Canopies 11/29/24 $148,857.00 Alo Yoga - Repair
UTC-San Diego, CA
Storefront 11/29/24 $142,404.00
Arco San Jacinto-San
Jacinto, CA
Exterior Signage 12/30/24 $214,381.00
Ashley Furniture -
Spring Valley, NVSpring Valley, NV
Pylon 11/08/24 $1,043,441.00
Ashley Furniture -
Spring Valley, NVSpring Valley, NV
Exterior Signage 11/30/2024 $313,395.00
Bay Park SquareAhswaubenon, WI Exterior Signage &
Wayfinding Package
11/01/24 $490,956.00
Beer Union-Las
Vegas, NV-Las
Vegas, NV
Storefront 11/29/24 $306,374.00
Bethesda North
Hopsital
Exterior LED Lighting 12/31/24 $299,830.00
Bleutech Park - 3D
Pylon - Las Vegas,
NV-Las Vegas, NV
Pylon 01/09/25 $675,000.00
Bus Rapid TransitMiami, FL
Pylons 11/15/24 $3,286,592.00
Chevron -
Renaissance-Rialto,
CA
Exterior Signage 12/13/24 $201,776.00
Clear Creek Crossing
- Wheatridge, COWheatridge, CO
Exterior Signage &
Wayfinding Package
& Pylons
12/31/24 $1,459,475.00
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-34- 00 41 43 – BID FORMS
Common Spirit- St
Francis
Exterior Signage &
Wayfinding Package
11/01/24 $674,364.00
Common Spirit St
Mary CorwinExterior Signage & Wayfinding Package
11/29/24 $453,618.00
Corewell Health - SH
Big Rapids HospitalBig Rapids, MI
Exterior Signage &
Wayfinding Package
11/29/24 $243,113.00
Corewell HealthCH053,058,059,077- Exterior Signage &
Wayfinding Package
11/29/24 $230,838.00
Corewell Health -
CH343, 344, 347-
Exterior Signage &
Wayfinding Package
11/29/24 $278,142.00
Corewell Health -
CH345,350,352,355 -
SH FamilyExterior Signage &
Wayfinding Package
11/29/24 $171,110.00
Corewell Health -
CH348, 365 -
Rochester Hills
HealthExterior Signage &
Wayfinding Package
11/29/24 $182,360.00
Dior- Austin, TX Storefront 11/08/24 $321,839.00
Dior- San Antonio, TX Storefront 11/08/24 $330,334.00
Easton Town CenterColumbus
Monument Sign 11/15/24 $392,717.00
Intuit DomeInglewood, CA
Stadium Portals 11/30/24 $2,012,822.00
General RV- Ashland,
VA
Exterior Building
Signage & Pylon
11/15/24 $601,859.00
HCA- HealthONELakewood, CO Exterior Campus
Signage
02/20/25 $121,285.00
HCA- HealthONELonetree, CO Exterior Campus
Signage
01/02/25 $1,225,905.00
La Jolla Village
Square-La Jolla, CA
Exterior Signage &
Wayfinding Package
01/17/25 $391,967.00
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-35- 00 41 43 – BID FORMS
Louis VuittonGlendale, CA Storefront 10/30/24 $323,996.00 Louis Vuitton- San
Antonio, TX
Storefront 11/29/24 $152,526.00
Madewell- Short Hills
Mall - Millburn, NJ
Storefront 10/30/24 $158,328.00
Market and Main
Shopping Center -
Bedford, NH-Bedford,
NH
Pylons 11/22/24 $248,600.00
Marketplace at River
Park - Fresno, CAFresno, CA
Exterior Signage &
Wayfinding Package
11/08/24 $459,531.00
Miami World CenterSignage &
Wayfinding-Phase 1-
Miami, FL
Exterior Signage &
Wayfinding Package
12/06/24 $1,438,222.00
Shops at River Park -
Fresno, CA
Monument-Fresno,
CA
Monument Sign 11/08/24 $224,989.00
Shops at River Park -
Fresno, CA SignageFresno, CA
Exterior Signage 11/08/24 $875,036.00
STK - Exterior
Signage-Boston, MA
Exterior Signage 11/15/24 $113,744.00
STK- Architectural
Elements- Adventura,
FL
Exterior Ribbons 11/22/24 $228,428.00
STK- Architectural
Elements- Denver, CO
Exterior Ribbons 10/30/24 $590,736.00
STK- Architectural
Elements- Topanga, CA
Interior Ceiling Ribbon &
Exterior Ribbons
12/31/24 $816,341.00
STK- Architectural
Elements- Topanga, CA
Interior Ceiling Ribbon &
Exterior Ribbons
12/31/24 $816,341.00
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-36- 00 41 43 – BID FORMS
The Palms at IndioIndio, CA
Exterior Building
Signage
12/17/24 $350,000.00
Confidential Theme
Park Project-Orlando,
FL
Signage & Wayfinding /
Directionals
12/25/24 $5,302,215.00
Confidential Theme
Park Project-Orlando,
FL
Canopies 11/29/24 $1,644,330.00
Confidential Theme
Park Project-Orlando,
FL
Exterior Signage &
Wayfinding Package
12/31/24 $1,389,531.00
Confidential Theme
Park Project-Orlando,
FL
Signage & Wayfinding /
Directionals
11/29/24 $1,500,844.00
Confidential Theme
Park Project-Orlando,
FL
Signage & Wayfinding /
Directionals
01/31/25 $613,475.00
UW Milwaukee Panthers
Arena-Milwaukee, WI
Exterior Building
Signage
11/15/24 $271,058.00
VAI Hotel - LED RepairGlendale, AZ
Digital Display 11/08/24 $568,211.00
Westpark Corporate
Center - Tysons, VATyson's, VA
Exterior Building
Signage
12/31/24 $407,853.00
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! 5 ATTACHMENT 1
C. LIST OF COMPLETED PROJECTS – LAST TEN YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work. Bidders must include at least two (2) projects each involving an internally illuminated sign of 1,000 square feet or more comparable in type and complexity to the Project completed in the last ten (10) years to be considered responsive. Bidders may satisfy the foregoing requirement through a subcontractor listed in the List of Subcontractors form (Section 00 41 43-1.3 of the Contract Documents).
Project Description of
Bidder/Subcontractor’s Work1
Completio
n Date
Cost of
Bidder/Subco
ntractor’s
Work1
Owner Reference Name and
Contact Information (Phone
Number and Email)
Empower
FieldDenver, Co
Exterior Signage Rebranding- (9)
nine signs and over 13,000 sq. ft.
of ACM work. The project
included an 87'w x 45'h primary
identification sign on the south
end of the stadium
10/2023 $2.9 million Zach Myhra- Director of Facilities 720.258.3151
[email protected]
BMO Center
FieldLos
Angeles, CA
Exterior Naming Rights30' rooftop "roundel" Sign and
internally illuminated exterior
channel letters and logo
3/2023 $2,350,000 Corey Mintz
Sr. Experiential Designer,
Associate Principal
314.276.4553
Climate
PledgeSeattle, WA
Rooftop Signage-
(4) four faux neon letters that face
all 4 directions on top of the new
home of the Seattle Kraken
December
2020
$500,000 Brian Byrne
213.271.3904
[email protected]
Chase
CenterSan
Francisco,
CA
Interior & Exterior Signage
Packages- over 3,000 wayfinding
and directional signs throughout
the entire facility.
Also signage on the glass curtain
wall and 47’ high “Chase Center”
rooftop sign
2019 $4.3 million Jim Mclamb
Clark Construction
949.751.8509
1 If Bidder is utilizing a listed subcontractor to satisfy the minimum project experience requirements specified in this form, please provide the subcontractor’s name, a description of the subcontractor’s work, and the cost of the subcontractor’s work. -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! 6 Fiserv
ForumMilwaukee,
WI
Interior & Exterior Signage
Package
1200 interior and exterior signs,
graphics, and specialty elements.
Most notable sign is the 3,682 sqft
face lit “Fiserv Forum” rooftop
sign
September
2019
$3.5 million Mike Abrams- Director
303.210.7860
[email protected]
Little
Caesars
ArenaDetroit, MI
Interior and exterior branding
with signage and specialty design
elements. Over 1,000 custom
signs, integrated lighting, outdoor
digital video displays, and a
signature marquee blade sign
with 20ft x 20ft vintage ghost
neon head.
December
2016-
August
2017
$5.8 million Sean Hollister- Project Exec.
248.996.0013
[email protected]
Daytona
International
SpeedwayDaytona, FL
Interior & Exterior Signagemanufactured and installed more than 3,500 signs including the
iconic 14 ft tall Daytona
International Speedway
programmable RGB channel
letters that extend longer than a
football field, massive LED
displays, thousands of square feet
of graphics, wayfinding, custom
specialty exhibits and illuminated
elements for all the tracks
sponsors.
February
2014 –
January
2016
$14 million Jason McFadden- Project Director
404.978.5078
[email protected]
Allianz
FieldSt. Paul, MN
Exterior & Interior Signage
packagesThe package included stadium
naming, sponsor branding,
concessions, wayfinding, ADA
signage, pylon signs, and 12ft tall
custom fabricated letters
September
2017 –
September
2018
$1.5 million Jemma Radnick- Senior Associate
913.305.6976
[email protected]
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-38- 00 41 43 – BID FORMS
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Subcontractors/Vendors:
The Bidder shall ensure its subcontractors and vendors (i.e., manufacturers and suppliers) meet all minimum subcontractor and vendor requirements set forth in the Contract Documents.
1. Bidder is informed there are minimum subcontractor and vendor requirements set forth in the Contract Documents including, without limitation, certain specified years of experience as further set forth in Sections 05 12 00-1.5A; 10 14 00-1.4B; 26 05 26-1.4A, B; 26 05 33-1.4D, E; 26 05 48-
1.2C; and 26 09 43-1.4D. Do all subcontractors and vendors that Bidder intends to use in the performance of the Work meet the applicable minimum subcontractor and vendor requirements set forth in the Contract Documents?
X YES
NO
NOTE: A no response may result in the Bidder being deemed non-responsible for failure to demonstrate the quality, fitness, capacity, and experience to satisfactorily perform the project.
Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person’s job title, name and percent of time to be allocated to this project:
Dan Caruso- Senior Project Manager- 50%
Matt Humphrey- Assistant Project Manager- 25%
Neil Oelklaus- Lead Manufacturer Engineer- 25%
2. Summarize each person’s specialized education:
Dan Caruso- LEED, Architectural Design Management, Green Building Sustainable Design, and AutoCAD
Matt Humphrey- Project Management, Operations Managemenet / Scheduling, and Adobe Illustrator. .
Neil Oelklaus- Manufacturing Engineered, Project Management, Estimating
3. List each person’s years of construction experience relevant to the project:
Dan Caruso- Industry Experience since 2003
Matt Humphrey- Industry Experience since 2006
Neil Oelklaus- Industry Experience since 2001
4. Summarize such experience:
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-39- 00 41 43 – BID FORMS
Dan Caruso- Dan leads our Jones Sports Project Management Team with a project experience that includes Empower Field at Mile High, Acrisure Stadium, Intuit Dome, Allianz Field, Cleveland Browns Stadium and Frost Arena among many others.
Matt Humphrey- Matt came to Jones Sports with a background in operations Management. He has been in the metal fabrication industry since 2006 and is now responsible for assisting in the coordination of trades accounts.
Neil Oelklaus- Neil is our lead manufacturing engineer and estimator. He has estimated similar projects for example TQL Stadium, Lower.com field, Wells Fargo Center, Gateway at Wynnewood, Metropolitan, BMO Stadium, Chase Center, Empower Field at Mile High, Climate Pledge Arena and many others.
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the Stadium Manager.
Changes Occurring Since Prequalification
If any substantive changes have occurred since Bidder submitted its prequalification package for this Project, Bidder shall list them below. If none are listed, Bidder certifies that no substantive changes have occurred. If no prequalification was conducted for this Project, Bidder may leave this blank or insert “N/A”.
N/A
_______
Additional Bidder’s Statements:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! Jones Sign is uniquely qualified to execute this project having delivered on 17 Naming rights projects across the nation. The Jones Sign Team for Levi's Stadium will be comprised of engineers, project managers, installation manager, superintendent and tradespeople who have each completed multiple sports venue naming rights
ro·ects.
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder __ J,a...o"'"'n-'--'e"-'s'--=S=ig"'"n'-C=-=-o'-'- .,'-'ln'-'-c=·------------- Signature __ ___,~~""""':,s..,. ~/~~~ _,,,;c,f ,.__._. ----L~ -= ........ -= _..,~- - - ~-------- Name Todd Patrickus
Title Chief Executive Officer
Contractor's License No.: CA License- 959771 -~~-~~~~---------- Date 10/30/2024
Levi's Stadium Levi's Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-40- 00 41 43 - BID FORMS
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &!
1.5 NON-COLLUSION DECLARATION
The undersigned declares:
I am the Chief Executive Officer of
Bid.
Jones Sign Co., Inc. , the party making the foregoing
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.
The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown therebf, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 10/30/2024 [date], at De Pere [city), Wisconsin [state].
Name of Bidder_---"-Jo"'"n'-'-e"'"'s~S ... ig""'"n-'-C""'--"-o"""". '"'"'"l""'"nc=·------- Signature
Name Todd
~
Patrickus
/. ~
Title Chief Executive Officer
Levi's Stadium Levi's Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-41- 00 41 43- BID FORMS
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &!
1.6 IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
1:8:1 The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
D The Stadium Manager has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the Stadium Manager will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
0 The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.
Printed Name: Todd Patrickus ----~~~~--------
Title: Chief Executive Officer
Firm Name: __ J_o_n_e_s_S_i~g_n_C_o_._, _ln~c_. _______ _ Date: 10/30/2024
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
Levi's Stadium Levi's Naming Rights Signage
RefurbishmenUReplacement Project
RFB Number: RFB-FY24-0069
-42- 00 41 43 - BID FORMS
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &!
1.7 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771 .1 and is currently registered as a contractor with the Department of Industrial Relations. 2
Name of Bidder:. __ J;;...;o::;..;.n.:.;:e=s_;S=i .... g:...:..n....;:C:....:o:....:..,'-'l"'"'n-=-c'- . _____ _ DIR Registration Number: PW-LR-1000367824
DIR Registration Expiration: __ 6""'"/-=-30=/-=2-=-0=-25"'------- Small Project Exemption: __ Yes or X No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder __ ....;:J:....:o:..:..n.:.=e:..:s'--'S=-=i""'g.:....:n....::C::...;o= . ..,__ 1 ..:..:.ln..:...:c:..:.. ___________ _ Signature __ ~-=-- ~ -'-~ -----'-'/.......,__ . -1-2' ...... "--l,c..,....~"'-------' ~'---1 =---.------- Name and Title __ ___,:T....;:o=d=d....:.P....::a=t:....:..ric=k-=-=u=s'-'1....;C::;..:h...;.;.i-=-ef'-E=x=e::;..:ca.;::u=tic..:..v-=-e....;:O:..,aff..:..:.ic=e::;..;.r ___ _ Dated __ 1.:....;0=-=-/3=0=-=-/2=0=2=--=4'------------------- 2 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771 .1, please mark "Yes" in response to "Small Project Exemption." Levi's Stadium Levi's Naming Rights Signage -43- 00 41 43 - BID FORMS Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &!
1.8 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION.
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder Jones Sign Co., Inc.
Signature
Name Todd
~~
Patrickus
Title Chief Executive Officer
Dated 10/30/2024
Levi's Stadium Levi's Naming Rights Signage
RefurbishmenUReplacement Project
RFB Number: RFB-FY24-0069
44 •
00 41 43 - BID FORMS
Levi’s Stadium Levi’s Naming Rights Signage
Refurbishment/Replacement Project
RFB Number: RFB-FY24-0069
45 1.9 REQUEST FOR APPROVED EQUALS FORM.
REQUEST FOR APPROVED EQUALS FORM
Bidder
N/A
Bid Number and Title
Bid Item Identification Information
Specified Item #
Description
Specification Section #
Proposed Alternate Information
Manufacturer
Make/Model
Description
Additional Information:
Signature
Title
Name
Date
Telephone
Email
REQUIRED ATTACHMENTS:
1. Attach manufacturer’s data sheets, catalogues, product literature, etc. in sufficient detail to allow verification that the requested product meets or exceeds all specifications as listed in the Contract Documents. List each product specification and provide a cross-reference showing where each specification can be verified with the information provided. -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &!
FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
BID ADDENDUM NO. 2
Levi's Naming Rights Signage Refurbishment/Replacement
Project
RFB-FY24-0069
ISSUE DATE: October 23, 2024
NOTE: PLEASE INCLUDE SIGNED BID ADDENDUM WITH YOUR BID
BID OPENING: October 31 , 2024
2:00 p.m. (PT)
I acknowledge receipt of this Bid Addendum No. 2 ("Addendum"). I further acknowledge that the Bid submitted for the above titled project ("Project") incorporates the information contained in this Addendum.
Bidder Name: __ --=J:....::oc.:....:n-=-es=--=S=igc.:....:.n--=C:....::o=. ,....:.;ln:...:...;c:c..:.... _____________ _ Signature: __ -:7A -----=- ~ - -'-"' L '-'-- ~ ....... /. ..... ~ ___ .......a,__ _________ _ Title: Chief Executive Officer -------------------------- Date: 10/30/2024
In the event of any conflict between the provisions of the Contract Documents and this Addendum, this Addendum shall govern. Where any provision of the Contract Documents is modified by this Addendum, the unaltered provisions shall remain in effect. The paragraph/section/article numbers used and referred to herein correspond to and supplement the provisions of the Contract Documents, unless otherwise indicated. Defined terms in the Contract Documents shall have the same meaning in this Addendum, and vice versa.
The following information is provided in accordance with "Instructions to Bidders," Section 3, "Interpretation of Contract Documents":
1 2
Item #1:
Question 1: We would like to express our concerns regarding the recently introduced bidding requirement, which mandates that bidders must have completed projects valued at $2 million or more within the last 10 years.
“Please include only those projects which, are similar enough to demonstrate Bidder’s ability to perform the required Work. Bidders must include a minimum of two (2) projects of $2,000,000 or more in value completed in the last ten (10) years to be considered responsive – at least one (1) project of $2,000,000 or more in value must be provided involving the provision and installation of signage at a sports venue comparable in size, type, and complexity to the Project”
While this may seem like a reasonable criterion for ensuring the capability of bidders, it also seems to be a very specific requirement and it inadvertently excludes many qualified, licensed mid-sized sign companies with proven track records in public projects. These companies have successfully executed projects valued around $1.5 million, but will now be disqualified from submitting proposals, even if they submit a competitive bid for, say, $3 million. Further narrowing down the previous experience to a sports facility, means that any other similar sign installed at another facility will be irrelevant.
This new requirement could have the unintended consequence of discouraging competition, which is essential to securing the best value for public funds. As a result, the bidding process may favor companies with higher bid amounts, potentially leading to unnecessary increases in project costs. For example, a company with a $6 million bid may be awarded the project solely based on this specific requirement, while a company submitting a $3 million bid— without meeting the requirement of referencing two $2,000,000 or more in value projects— could be unjustly excluded.
We believe this could also create an uneven playing field and raise concerns about the proper use of public funds. It is important to ensure that the bidding process remains competitive, transparent, and open to qualified companies of all sizes.
We strongly suggest revising the requirements to allow sign companies that have the necessary facilities, equipment, and personnel, but may not meet the $2 million project threshold, to submit their proposals. This would ensure a fair and open bidding process. You could then review the proposals, check references, and make an informed decision on awarding the bid based on all relevant factors, rather than automatically disqualifying companies.
By doing so, the competitive process would be enhanced, and potential abuses in public procurement could be avoided. If there is an intent to work exclusively with companies -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! 3 meeting the requirement of two $2,000,000 projects in sports facilities, this should be done through a direct procurement method rather than imposing restrictive criteria that limit competition.
We would like to raise an additional concern regarding the eligibility of Class A (General Engineering) and Class B (General Building) contractors for this project, particularly as it relates to the signage scope of work. According to the Contractor’s State License Board, these classifications are not licensed or specialized for signage work. Therefore, allowing Class A and B contractors to bid on a signage project without the necessary qualifications could lead to unqualified contractors being considered responsible and responsive bidders, which may compromise the integrity of the project.
For this reason, we respectfully request that it be made mandatory for Class A and Class B contractors to involve a C-45 licensed contractor (who is specifically qualified for signage work) in order to bid on this project. This would ensure that all bidders have the required expertise to execute the signage portion of the project successfully. Specialty licenses provided by State Contractor’s Board become useless if A and B can conduct specialty work without holding these licenses.
Furthermore, if Class A and Class B contractors are presenting projects to meet the $2 million experience requirement, we request that they demonstrate that these projects are specifically related to signage work and that they directly implemented the signage scope without subcontracting to a specialized signage contractor. Simply showing experience in general construction projects or presenting signage projects where the signage work was subcontracted does not demonstrate their qualifications to complete the signage scope in this project.
We believe it is essential to clearly state these additional qualifications in the bidding requirements so that Class A and B contractors understand that:
1. For this project, they must involve a C-45 licensed contractor for any signage work.
2. If presenting project experience, the projects must be directly related to signage scope and must have been completed by the bidding contractor themselves, without the use of signage subcontractors.
These steps will ensure that only qualified and responsible bidders are considered for the project, and that the work is performed by those with the proper expertise, in compliance with fair and transparent bidding practices.
In summary, we are expressing our concerns about the fairness of the bid requirements.
The specifications for project experience—particularly the stipulation that bidders must provide at least two projects of $2,000,000 or more in value, with one involving signage installation at a sports venue of comparable size and complexity—appears overly restrictive, -71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &! 4 potentially limiting the pool of eligible bidders. These requirements could be seen as tailored to favor a specific company with niche experience, which discourages fair competition and transparency in the bidding process.
In such cases, we would like to argue that the bidding criteria should remain broad enough to ensure a level playing field for all qualified companies, without excluding capable bidders who may have relevant experience but don't meet every specific criterion. If a particular company is already preferred, we suggest working directly with that company rather than structuring the bid in a way that limits competition.
We request that these new additional qualification requirements are annulled based on the above statements to ensure the requirements promote fairness and open competition.
Stadium Manager Response to Question 1: Please see the revised List of Completed Projects form attached hereto as Attachment 1 and incorporated by reference under Item #2, below.
Item #2:
The Stadium Manager hereby deletes the existing List of Completed Projects form (Section 00 41 43-1.4.C of the Contract Documents) and replaces it with the revised List of Completed Projects form attached hereto as Attachment 1.
Item #3:
The Stadium Manager hereby extends the following deadlines listed in the Contract Documents to the dates and times listed in the table below:
The revised deadlines set forth in the table above shall supersede any conflicting deadlines set forth in the Contract Documents.
Event Date/Information
Bid Due Date and Time October 31, 2024 @ 1:00 p.m. (PT) Bid Opening Date and Time October 31, 2024 @ 2:00 p.m. (PT) via Zoom
End of Protest Period November 7, 2024
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &!
SPECIALTY CONSTRUCTION SOLUTIONS THAT CREATE VENUE DEFININ SPECIALIZED CONSTRUCTION SOLUTIONS FOR UNIQUE VENUES AND ENGAGING EXPERIENCE E VENUES AND ENGAGING EXPERIENCES , DYNAMIC FAN EXPERIENCES S
RICH ONGIRSKI
SR. Vice President- Sports Division
[email protected]
610-389-222
DIKRAN VARTAN
Vice President- West
[email protected]
818-967-4814
-71:9436Ā.6;25782Ā0-)Ā(-'#$&%*Ȁ/' Ȁ$.#!Ȁ*.&$Ȁ$..#",+#" &!
JONES SPORTS
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Date: February 25, 2026
To: Executive Director
Santa Clara Stadium Authority
From: Procurement Department
Forty Niners Stadium Management Company LLC
Subject: Recommendation for Award for Jones Sign Co. Inc. Contract Amendment
Recommendation:
1. Recommend an augmentation of the SCSA capital expenditure budget of $101,515.49, to cover the estimated remaining costs of installing the naming rights signs, increasing the total SCSA budget from $3,861,081.14 to $3,962,596.63.
2. Recommend that the SCSA select the extended warranty option for the nine-year extension beyond the one-year warranty for a total of ten years, at a cost of $1,178,750 for the new naming rights signs.
3. Recommend approval for a change order to the construction contract with Jones Signs, Inc. (“Jones”) to include the specific extended warranty selected by the SCSA.
4. Authorize further augmentation of the SCSA capital expenditure budget to cover the cost associated with the selected extended warranty.
Background:
On December 3, 2024, the SCSA Board approved an overall project budget (excluding an extended warranty) of $4,658,687.34, which would be shared by the SCSA ($3,861,081.14) and StadCo ($797,606.20). We anticipate the final project costs exclusive of the cost of the selected warranty will be approximately $4,803,709.47, which is an increase of $145,022.13. That additional cost will be shared 70% by the SCSA ($101,515.49) and 30% by StadCo ($43,506.64).
The cost breakdown comparing the original budget to the revised cost estimate is below:
STADIUM
FORTY NINERS STADIUM MANAGEMENT COMPANY
Warranty:
The SCSA was interested in evaluating the costs of extending the one-year warranty from Jones, and Jones has provided cost proposals for two separate warranty extension options:
1. A two-year extension beyond the one-year warranty for a total of three years, at a cost of $108,740. That cost would be shared 70% SCSA ($76,118) and 30% StadCo ($32,622).
2. A nine-year extension beyond the one-year warranty for a total of ten years, at a cost of $1,178,750. The Levi’s Stadium Naming Rights Extension and Enhanced Signage Project Implementation Agreement effective January 30, 2024, between StadCo and the SCSA calls for the SCSA to pay 100% of the warranty cost beyond three years. Accordingly, the SCSA share of the ten-year warranty would be $1,146,128, and StadCo’s share would be $32,622.
Stadium Manager recommends the SCSA select option 2, a nine-year extension beyond the one-year warranty for a total of ten years, at a cost of $1,178,750. The original signs from 2014, experienced multiple failures, resulting in significant repair costs over their lifetime. Stadium Manager records reflect that repair costs from July 15, 2016 through December 30, 2024 amounted to approximately $770,297.
Estimated Cost
from 12.2.24 Revised Cost Increase
Description Vendors Board Package Estimate 3.25.26 (Decrease) Jones Sign (Fabricate & Install) Jones Sign 3,978,555.87 4,108,305.83 129,749.96 Design Services Populous 214,000.00 417,000.00 203,000.00 City of Santa Clara Permits csc 67,059.10 77,186.86 10,127.76 Newspaper Publications 1,216.78 1,216.78
Testing & Inspections Smith-Emery (Note 1) 200,000.00 200,000.00 Contingency 397,855.59 (397,855.59)
Total 4,658,687.34 4,803,709.47 145,022.13
SCSAShare 3,861,081.14 3,962,596.63 101,515.49
StadCo Share 797,606.20 841,112.84 43,506.64
Total $ 4,658,687.34 $ 4,803,709.47 $ 145,022.13
Note 1: StadCo has paid Smith-Emery directly for the special inspections 4900 Marie P. DeBartolo Way I Santa Clara, CA 95054
Based on the historical maintenance cost adjusted for increased size of the signage1 , the
expected baseline cost is approximately $1,000,000. The proposed $1,178,750 warranty is in the SCSA's best interest, as it provides protection against long-term material pricing volatility and the ongoing increase in skilled labor costs in the Bay Area. Without this long-term warranty, SCSA could face significant unknown risks and cost increases that could exceed the cost of the additional nine-year extension beyond the one-year warranty.
Please refer to the attached quote from Jones for details.
The following table summarizes the cost allocations:
1 Signage increased in size relative to the original signage by between 20% to 55%. We have conservatively estimated the total square footage of the signage to have increased by a minimum of 30% relative to the original signage.
Additional Total StadCo
Years Warranty SCSA Share of Share of
Warranty Coverage Covered Years Total Cost Cost Cost
Material & Labor 2 3 $ 108,740 $ 76,118 $ 32,622
Material & Labor 9 10 $ 1,178,750 $ 1,146,128 $ 32,622
4900 Marie P. DeBartolo Way I Santa Clara, CA 95054
Attachment: Jones Extended Warranty Options
Itemized Quote NES SP RTS Prime Time. Accomplished.
Customer Contact:
Forty Niners Stadium Management Company LLC
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Attn: Meera D'Costa
Project Location:
Levi's Stadium - Santa Clara, CA
Ext'd Warranty
4900 Marie P DeBartolo Way,
Santa Clara, CA 95054
Date: February 10, 2026
Est: 22934
Rev: RPROPOSED SCOPE OF WORK: Pricing is based upon the attached Exhibit A-Scope Clarifications & Exceptions and Terms and Conditions provided herein. The included exhibit and this itemized quote shall constitute the entire offer.
Description Total
EXTENDED MATERIAL ANO LABOR
2-year Warranty (Years 2-3)
Two-year Comprehensive Warranty Covering Everything, including face material for letters and batwing 9-year Warranty (Years 2-1 O)
Nine-year Comprehensive Warranty Covering everything, including face material for letters and batwing Isales Tax i
TBD, taxes will be reconciled on final invoice. Tax is not required if an Exempt or Resale Certificate is provided.
COMMODITY PRICE ADJUSTMENT
$108,740
$1,178,750
TBD
Pricing is based on current market costs. Final price may be adjusted to reflect any difference in the price of materials and labor which go into the fabrication and installation of our products from the time of proposal offer until the time Jones actually purchases the commodities to construct the work and complete the project.
CONTACT:
Dikran Varian
Rich Ongirski
[email protected]
[email protected]
PAYMENT TERMS:
Full payment in advance
2.75% processing fee for credit card payments
(215) 788-5117
4900 Marie P. DeBartolo Way I Santa Clara, CA 95054
RESPONSE TO REQUEST FOR PROPOSAL
Levi's Stadium - Santa Clara, CA
Extended Warranty
DIKRAN VARTAN
RICH ONGIRSKI
Bid Scope Package
Presented By
June 01, 2026
JCNES SPORTS
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jonessign.com jonessign.com 1 1
Customer Contact:
Forty Niners Stadium Management Company LLC
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Attn: Meera D'Costa
PROPOSED SCOPE OF WORK: Pricing is based upon the attached Exhibit A-Scope Clarifications & Exceptions and Terms and Conditions provided herein. The included exhibit and this itemized quote shall constitute the entire offer.
Description Total
EXTENDED MATERIAL AND LABOR
2-year Warranty (Years 2-3)
Two-year Comprehensive Warranty, covering everything, including face material for letters and batwing $111,919.48
9-year Warranty (Years 2-10)
Nine- year Comprehensive Warranty, covering everything, including face material for letters and batwing $1,215,831.14
COMMODITY PRICE ADJUSTMENT
Pricing is based on current market costs. Final price may be adjusted to reflect any difference in the price of materials and labor which go into the fabrication and installation of our products from the time of proposal offer until the time Jones actually purchases the commodities to construct the work and complete the project.
PAYMENT TERMS:
Full payment in advance
2.75% processing fee for credit card payments
CONTACT:
Dikran Vartan [email protected] (818) 967-4814
Rich Ongirski [email protected] (215) 788-5117
Itemized Quote
Project Location:
Levi's Stadium - Santa Clara, CA
Ext'd Warranty
4900 Marie P DeBartolo Way,
Santa Clara, CA 95054
Date: June 01, 2026
Est: 22934
Rev: RJONES SP RTS Prime Time. Accomplished.
Agreement
ACCEPTANCE OF OFFER
Acceptance of this Offer to be signed by an officer of Customer and is expressly limited to the terms and conditions contained herein, any exhibits, and any agreed-upon Terms and Conditions (collectively, along with any amendments, the “Contract”), and as such shall constitute the entire agreement between the parties as to the Project. No different or additional terms shall apply unless agreed to in writing by both parties. Prices are subject to revision if not accepted within 30 days or the site is not ready for us to install within 100 days of this offer. When this offer is signed, the prices assume the project immediately moves forward or adheres to the schedule that is part of our offer. If the project is delayed for any reason, this may cause the price to be revised.
CUSTOMER:
Forty Niners Stadium Management Company LLC
Signature:
Print Name:
Title:
Date:
JONES SIGN CO., INC.
1711 Scheuring Road, De Pere, WI 54115
Signature:
Print Name:
Title:
Date:
jonessign.com 2
PROJECT: Levi's Stadium - Santa Clara, CA_Naming Rights Quote Dated: June 01, 2026
Est: 22934 R-
Terms & Conditions
These Terms and Conditions are incorporated by reference into the Offer, which along with Exhibit A and any additional exhibits, constitute the Contract. Capitalized terms not otherwise defined below shall have the same meaning as set forth in other Contract documents. Jones shall not be bound by any other terms and conditions unless agreed to in writing by Jones. a. Cancellation. The Offer is made for a specially constructed display and when accepted by Jones is not subject to cancellation except as set forth herein. Orders entered cannot be cancelled after the Work has begun except upon terms that will compensate Jones for its expenses and losses. In the event of Customer’s cancellation, except as otherwise agreed in writing by the parties, Customer agrees to pay Jones its actual expenses for the design, project management, fabrications, and installation of the Work, plus a lost profit addition equal to 15% of Jones’s total expenses through the date of cancellation
b. Design. Jones shall not be responsible for errors in plans, designs, specifications, or drawings furnished or approved by Customer, or for defects caused thereby.
c. Location Access Granted. Permission to mobilize on and across areas owned or controlled by Customer that are necessary to complete the Work is hereby granted, and Jones is released from liability for any damage resulting from standard mobilizing of persons, product, or equipment; provided however, Customer is not releasing Jones from its gross negligence or intentional misconduct. Any lawn restoration or surface repair necessary as a result of Work installation is the Customer’s responsibility. d. Photos and Illustrations. Customer gives Jones a limited, non-exclusive, non-assignable right to use photos and illustrations of the Work in its advertising and website, and to make reference to Customer so long as no pricing or other confidential Customer information is disclosed. e. Warranty. Jones warrants that all construction and related services provided hereunder shall be performed in a good and workmanlike manner, by workers who are appropriately trained and experienced in the work being performed, and in accordance with all requirements of the contract documents, industry standards for project of similar type and quality, and all applicable laws, codes, regulations and safety requirements. The Work (products and services) is warranted, including lighting, against defective workmanship and materials for one (1) year from (i) date of shipment (with Customer installation), or (ii) date of installation (with Jones installation); provided however, service only jobs are warranted for ninety (90) days. Jones makes no other warranty except as specifically set forth herein, either express or implied in law, and Jones expressly disclaims such warranties. LED Displays may be subject to alternative terms provided by the manufacturer. Customer shall notify Jones in writing promptly upon the discovery of any condition or fact that may form the basis for a warranty claim. Customer failure to provide prompt written notice shall void this warranty. No allowance or reimbursement will be made for Customer’s benefit for any expense incurred in repairing defective material or supplying any missing parts except with the prior consent of Jones. Any part found by Jones to be defective due to faulty workmanship or materials will be repaired or replaced by Jones if notified within the warranty period. Jones reserves the right to repair or replace in whole or in part. If a replacement part is shipped prior to receipt of a returned part, a charge for the replacement part will be made pending return and examination of the part claimed defective. The Warranty described herein does not include damage of any kind resulting from or relating to: (a) Structural design or substrate/blocking material defects or failures; (b) Repairs or attempted repair and/or modification made by other than authorized personnel of Contractor; (c) Vandalism, physical abuse, accidents, unreasonable use or neglect; (d) Fire, flood, earthquake, storms, catastrophic or other Acts of God; (e) Drilling, punching, riveting, or otherwise penetrating or modifying in any way any of the provided materials products or work; (f) Physical damage to the integrity of the provided materials products or work including but not limited to, slides, gouges, tears, impacts, or scrapes of objects along the surface of the provided materials or products; (g) Exposure to corrosive materials; (h)Changes in color due to weathering of surface spills or collection of liquids, dust powders, etc.; (i) Exposure of the provided materials or products to extreme heat; (j) Lack of proper drainage or standing water on the provided materials or products; (k) Condensation of water on or other chemical seepage under, through or around substrate; or (l) Exposure to unintended uses or substances.
This warranty shall be if void if Contract payment terms are not fulfilled. f. Limited Liability. Customer agrees that if Jones should be found liable for any loss or damage due to Jones's failure to perform any obligations, breach of warranty, negligence, products liability, strict liability, or other fault, Jones's liability shall be limited to the amount paid by Customer to Jones for the Work in question. Jones's liability shall be exclusive. The provisions of this section shall apply irrespective of Jones's nonperformance of any obligations or negligence. IN NO EVENT SHALL JONES, ITS PARENT, ITS SUBSIDIARIES, ITS AFFILIATES, OR ANY OF THEIR
RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, CONTRACTORS, CONSULTANTS,
SUPPLIERS, OR AFFILIATES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, DAMAGES FOR LOST PROFITS, IMPAIRED GOODWILL, INTANGIBLE LOSSES, OR DAMAGES
CAUSED BY DELAY OR BUSINESS INTERRUPTION, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACTION, REGARDLESS OF WHETHER CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. g. Taxes. All applicable taxes payable under the laws of the state into which the Work is to be delivered or installed shall be added to the price quoted, unless such tax is paid directly by Customer. Payment of use taxes directly to the appropriate state is the responsibility of Customer unless collected by Jones.
h. Service Charges. Payment to Jones is due on receipt of Jones’s invoice(s) on such terms as set forth in the Offer. Jones may charge Customer a late payment charge of 18% per year (or the maximum allowable rate, if lower) for any invoice not paid within 30 days of receipt. Customer shall also pay Jones’s costs of collection of accounts overdue, including Jones’s reasonable attorney's fees, costs, disbursements, and expenses, regardless of whether litigation has commenced. i. Delays. If Jones is delayed at any time in the commencement or progress of the Work by an act or neglect of Customer or its agents, including designers, architects, contractors and subcontractors, or by changes ordered in the Work through no fault of Jones, or by any act, event, or condition that has a material adverse effect on the ability of Jones to perform its obligations hereunder if such act, event, or condition is beyond the reasonable control of Jones and is not the result of Jones’s willful or negligent action or inaction, including but not limited to (i) acts of God, war, public disorders, insurrection, rebellion, floods, hurricanes, earthquakes, lightning, or other natural calamities; (ii) acts or inaction of governmental or regulatory agencies or judicial bodies or changes in laws; (iii) explosions or fires; (iv) strikes or labor disturbances; (v) delays in obtaining goods or services from any subcontractor, materialman, or supplier by reason of any occurrence of any of the foregoing causes; or (vi) any unforeseeable act or omission of any third party, then the completion date shall be extended by mutual agreement between Customer and Jones with any additional Project costs borne by Customer. jonessign.com 3
j. Schedule. Customer shall be responsible for costs Jones incurs, such as demurrage, warehousing, and storage or delivery charges, that are due to Customer’s failure to conform to the mutually agreed-upon progress schedule for the Work; to the Customer’s failure, without justification, to accept delivery or final installation of the Work; or to any other delays for which Customer is responsible. k. Changes in the Work. The Work is guaranteed to be as specified. All Work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation at the request of the Customer from specifications involving extra costs will become an extra charge over and above the Quoted price. The Quoted price is only good for Work according to the original specifications. If through Customer’s error, or change of mind, Work has to be designed, engineered, or fabricated a second time or more, such extra Work will carry an additional charge, at current rates.
l. Acceleration. In any case when Customer instructs Jones’s proposed Work to be completed ahead of the schedule or delivery date set out in the Offer, Customer agrees to underwrite all costs associated with such acceleration, including overtime, express transportation of materials, additional permit fees, and overhead.
m. Risk of Loss. Customer to carry insurance as it deems appropriate. Risk of loss or damage to the Work becomes the Customer’s immediately upon installation or delivery. Work on the Customer’s property but not yet installed is at the risk of Customer. n. Substantial Completion. The Project shall be considered substantially complete when the Work is installed and useful for the intended purpose of attracting the notice of the public. Customer acknowledges that it is normal for there to be a punch list or minor items requiring follow-up visits by Jones, as well as portions of the Work which cannot be completed due to site conditions or readiness of the construction by other trades. Nonetheless, invoice(s) will be delivered by Jones and payment is due at substantial completion where final completion is delayed through no fault of Jones. Payment is not subject to inspection or acceptance by third parties (such as franchisors or municipal inspectors) unless specifically called for in the Contract.
o. Cleanup. Jones shall keep the Project Location and surrounding area free from accumulation of waste materials and other debris created by its operations. At completion of the Work, Jones shall remove waste materials and other debris created by the activities, tools, construction equipment, machinery and surplus materials from and about the Project and installation of the Work. p. Price Adjustments. Jones reserves the right and Customer agrees to extend the right to Jones to adjust the final price on the Project to reflect any difference in the price of materials and labor which go into the fabrication and installation of our products from the time this Contract is entered into until the time Jones actually purchases the commodities to construct the Work and complete the Project. Jones also reserves the right to adjust prices to reflect the impact of any tariffs, duties, or similar governmental charges imposed after the date of this proposal. These adjustments will be calculated to ensure fair allocation of the increased costs. Jones will provide advance notice of any such adjustments along with documentation supporting the changes.
q. Title. Title to the Work and all related materials and property shall remain in Jones’s name and shall not be deemed to constitute a part of the realty to which it may be attached until the Project price is paid in full by Customer. Customer hereby grants Jones an express security interest in said Work and material and property both erected and unperfected, notwithstanding the manner in which such personal property shall be annexed or attached to the realty. In the event of default by Customer, including but not limited to, non-payment of any amounts due and payable, Jones may at once (and without process of law) take possession of and remove, as and when it sees fit and wherever found, the Work and all materials used or intended for use in the construction of said Work and any and all property called for in this Contract without being deemed guilty of trespass.
r. Governing Law. The parties agree that this Contract shall be construed according to the laws of the State of Wisconsin, and shall be deemed to have been performed in the State of Wisconsin, regardless of the location of the Customer or the Project. s. Saving. If any provision of this Contract is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provisions of this Contract. t. Lien Notice. As required by Wisconsin construction lien law, Jones hereby notifies Customer that persons or companies furnishing labor or materials for improvements to Customer’s real estate may have lien rights on such real estate if not paid. Those entitled to lien rights, in addition to Jones, are those who contract directly with the Customer or those who give the Customer notice within 60 days after first furnishing labor or materials for the Project. Accordingly, Customer may receive notices from those who furnish labor and materials for the Project. Jones agrees that it shall promptly pay its employees, subcontractors, agents, and material suppliers, as to any debts for material or skill provided in furtherance of the Project under this Contract. u. Dispute Resolution. In the event of any dispute or controversy arising out of or relating to this Contract, the parties shall continue to perform their respective obligations under this Contract that are not affected by the dispute. To invoke this dispute resolution process, the invoking party shall give to the other party written notice, including a description of the issues subject to the dispute and a proposed resolution thereof.
Officer-level representatives of the parties shall attempt to resolve the dispute within fifteen (15) calendar days of the original written notice. In the event that the procedure set forth above does not resolve the dispute, the parties shall submit the dispute to non-binding mediation in De Pere, Wisconsin, not to exceed one full day of mediation, unless otherwise agreed by the parties. The parties shall mutually agree upon a mediator that has the requisite experience to mediate commercial disputes involving the Work . The cost of the mediation shall be shared equally between the parties. If mediation does not resolve the dispute, the dispute shall be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitrator shall be selected within twenty (20) business days from commencement of the arbitration from the JAMS’s National Roster of Arbitrators pursuant to agreement. Within forty-five (45) days of initiation of the arbitration, the parties shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered no more than six (6) months from selection of the arbitrator or, failing agreement, procedures meeting such time limits will be designated by the JAMS and adhered to by the parties. The arbitration shall be held in De Pere, Wisconsin and the arbitrator shall apply the substantive laws of the State of Wisconsin, except that the interpretation and enforcement of this provision shall be governed by the Federal Arbitration Act. v. Complete Agreement. These Terms and Conditions, along with the Quote, Exhibit A, and any amendments or exhibits signed by the parties, constitute the entire Contract and Offer, and there is no other agreement or understanding except as set forth in writing and signed by both parties.
w. Binding. All terms and conditions of this Contract and Offer shall extend to and be binding upon the heirs , executors, administrators, successors and assigns of both parties.
jonessign.com 4
jonessign.com 5
RICH ONGIRSKI
Senior Vice President - Sports
[email protected]
(215) 788-5117
We are ready! Are you?
Contact Us
DIKRAN VARTAN
VP of Sales - West Coast
[email protected]
jonessign.com
NES SPORTS
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-451 Agenda Date: 6/9/2026
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on the Agreement with James Nicholson Enterprises DBA Dinsmore Landscape Company for Landscaping Services at Levi’s Stadium in a Total Not-To-Exceed Amount of $671,000, Inclusive of All Contract and Option Years and Contingency, and Delegated Authority for Approval of Option Years and Use of Contingency
BACKGROUND
Pursuant to Section 2.9 of the Stadium Management Agreement between the Santa Clara Stadium Authority (Stadium Authority), Forty Niners SC Stadium Company LLC (StadCo), and Forty Niners Stadium Management Company LLC (Stadium Manager), the Stadium Manager is responsible for maintaining Levi’s Stadium (Stadium) “in the Required Condition and operate it as a high-quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility…” Landscaping at Levi’s Stadium plays an important role in maintaining the facility’s overall appearance, safety, and functionality. As a high-profile multi-purpose venue that hosts professional sporting events, concerts, and large public gatherings, the Stadium’s exterior grounds and landscaped areas contribute significantly to the visitor experience and perception.
The Stadium Manager has an existing agreement with Gachina Landscape Management, Inc. for landscaping services, which commenced on April 1, 2023. The Stadium Manager received approval on March 24, 2026 from the Stadium Authority Board to execute Amendment No. 1 to the Agreement with Gachina Landscaping Management, Inc. to extend the term through March 31, 2027, while the Stadium Manager finalized the solicitation process for the new landscaping maintenance agreement.
Amendment No. 1 included a termination for convenience clause to allow for the continuity of services until a new agreement is approved and transition period to onboard a new landscaping service provider. During the term of the agreement, the Stadium Manager incurred approximately $205,000 through March 2026.
On October 20, 2025, the Stadium Manager issued a Request for Proposals (RFP) to select a qualified firm for landscaping maintenance services at Levi’s Stadium. The RFP closed on December 3, 2025 with seven (7) proposal submissions from the following firms on or before the RFP due date and time:
1. Bella Turf and Greens Inc.
2. James Nicholson Enterprises DBA Dinsmore Landscape Company (Dinsmore)
3. EMTS, Inc.
4. Gachina Landscape Management, Inc. (Gachina)
5. Jensen Landscape Services LLC (Jensen)
6. K & D Landscaping, Inc. (K & D)
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7. K&K JL Services, Inc. DBA K&K Construction (K&K JL)
An Evaluation Committee reviewed the proposals based on the criteria outlined in the RFP. All seven firms met the basic requirements of the RFP submissions. The Stadium Manager held cost clarifications with vendors to confirm cost proposals and was able to negotiate pricing and optional year extension increases. Dinsmore was determined to be the highest-ranking proposer offering the best value.
As such, the Stadium Manager is requesting Stadium Authority Board (Board) approval for the following actions for a service agreement for landscaping maintenance services:
1. Approve and authorize the Stadium Manager to execute the Agreement with Dinsmore Landscape Company (Agreement) (Attachment 1) for landscape maintenance services at Levi’s Stadium for an initial term of three (3) years commencing May 1, 2026, and expiring April 30, 2029, with two (2) optional one-year extensions through April 30, 2031. The total aggregate amount shall not exceed $376,000 over the initial three-year period, and $639,000 over the maximum five (5) year term unless modified pursuant to Recommendation 2 below.
The term for each fiscal year is contingent on the Santa Clara Stadium Authority approving the applicable fiscal year's budget, including amounts due under the Agreements.
2. Authorize the Executive Director to approve future amendments to the Agreement to: (a) exercise the first one-year option for the fourth contract year and increase the not-to exceed amount by $129,500 to cover services from May 1, 2029 to April 30, 2030 and update the compensation and fee schedule to incorporate a maximum 3% increase, (b) exercise the second one-year option for the fifth contract year and increase the not-to exceed amount by $133,500 to cover services from May 1, 2030 to April 30, 2031 and update the compensation and fee schedule to incorporate a maximum 3% increase, and (c) increase the not-to-exceed amount by up to an additional $32,000 as contingency for additional unanticipated services, which may be utilized in any contract year, all subject to the same basic terms and conditions and budget appropriations.
3. The total not-to-exceed maximum compensation for the Agreement, inclusive of contingency and all contract years, shall not exceed $671,000.
A Recommendation Memo was submitted describing the Stadium Manager’s request in more detail (Attachment 2).
DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo and supporting documents for consistency with the Stadium Authority Procurement Policy and Santa Clara City Code Chapter 2.105.140(c) (Competitive requirements for purchases - Formal requests for proposals for agreements with an amount over $250,000). As described above and in the Stadium Manager’s Recommendation for Award memo, the Stadium Manager implemented an RFP process and received seven (7) proposals, and through the evaluation and subsequent negotiations process is recommending award of the agreement to Dinsmore, the highest-ranking proposer offering the best value.
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The Stadium Manager is requesting an approval of an agreement that includes an initial three-year term with a not-to-exceed amount of $376,000 (upon Agreement execution through April 30, 2029) that includes two optional one-year extensions. Exhibit B of the Agreement outlines established pricing for ongoing monthly services and rates for as-needed services.
Any extra work or additional services not specifically identified in the monthly ongoing services or otherwise detailed in Exhibit A will require the Stadium Manager's prior written approval through a work order that identifies the scope of work and agreed-upon price, except that extra work or additional services that are not specifically identified in Exhibit A will require written amendment executed by the parties. The vendor will also be required to provide a breakdown of labor, materials, and any equipment costs.
The Agreement includes a provision allowing for annual rate adjustments in contract years four and five (May 1, 2029 through April 30, 2031), limited to three percent (3%) annually or the regional Consumer Price Index (CPI) increase, whichever is lower, should the Stadium Manager elect to exercise the option years. The Stadium Manager is also requesting for a five percent (5%) contingency, equivalent to $32,000 to address any unforeseen or additional as-needed services that may arise during the term of the Agreement. The contingency may be utilized in any contract year, as needed.
Table 1 below summarizes the projected costs over the five-year term of the Agreement, assuming a 3% annual increase for contract years four and five.
Table 1 - Cost Summary
Description “Combined” NTE
Initial Three-Year Term (5/1/26-4/30/29) $376,000
Optional Year 4 (5/1/29-4/30/30) $129,500
Optional Year 5 (5/1/30-4/30/31) $133,500
Contingency (5% of Total Agreement Amount) $32,000
Total Not-to-Exceed Maximum Compensation $671,000
The Stadium Manager has clarified that the landscaping services will not be used for the field, and that the turf included within the scope of services references plant materials that provide a ground cover and that they expanded the coverage for rooftop maintenance. As such, the cost of the Agreement will be Shared Stadium Expenses under the Engineering line item.
Based on the documentation provided, staff recommends approval of the Stadium Manager’s requests as modified in the recommendation language below and reflected in the attached Agreement, and additional delegated authority to the Executive Director to approve Stadium Manager requests to exercise options for Year 4 and 5 of the Agreement and utilize up to $32,000 of the contingency during the term of the contract.
The Stadium Authority Counsel’s Office has reviewed the Agreement for comparison to the Stadium Authority’s customary language. Nothing in the Agreement changes the Stadium Authority’s rights under the Management Agreement and specifically with respect to any dispute that may arise from City of Santa Clara Page 3 of 5 Printed on 6/5/2026
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the Stadium Manager’s obligations under the Management Agreement.
The Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal yearend reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.
ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the maintenance of existing landscaping of existing public or private facilities involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.
FISCAL IMPACT
The total not-to-exceed amount for the agreement is $671,000 over the entire agreement term, inclusive of the two option years and contingency.
The Stadium Authority Fiscal Year (FY) 2026/27 Budget includes Shared Stadium Expenses, such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. In accordance with the Stadium Lease, most Shared Stadium Expenses are allocated 50/50.
There are sufficient funds in the FY 2026/27 Shared Stadium Expenses Engineering line item to cover the Stadium Authority’s fifty percent (50%) share of the total not-to-exceed amount of $376,000 for the initial term and the $32,000 contingency (up to $188,000 plus $16,000 for contingency).
The term for subsequent fiscal years is conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under the agreement as required under Santa Clara City Code Section 17.30.100.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s and Treasurer’s Offices.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Approve and authorize the Stadium Manager to execute the Agreement with James Nicholson Enterprise DBA Dinsmore Landscape Company for landscape maintenance services at Levi’s Stadium for an initial term of three (3) years commencing upon execution of the Agreement and expiring April 30, 2029, with two (2) optional one-year extensions through April 30, 2031. The total aggregate amount shall not exceed $376,000 over the initial three-year period, plus a $32,000 City of Santa Clara Page 4 of 5 Printed on 6/5/2026
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contingency that is subject to Executive Director approval. The term for each fiscal year is contingent on the Stadium Authority Board approving the applicable fiscal year's budget, including amounts due under the Agreements; and
2. Authorize the Executive Director to approve, in his sole discretion, requests from Stadium Manager to: (a) exercise the first one-year option for the fourth contract year and increase the notto exceed amount by $129,500 to cover services from May 1, 2029 to April 30, 2030 and update the compensation and fee schedule to incorporate a maximum 3% increase, (b) exercise the second one-year option for the fifth contract year and increase the not-to exceed amount by $133,500 to cover services from May 1, 2030 to April 30, 2031 and update the compensation and fee schedule to incorporate a maximum 3% increase, and (c) utilize up to an additional $32,000 as contingency for additional unanticipated services, which may be utilized in any contract year, all subject to the same basic terms and conditions and budget appropriations. The total not-toexceed maximum compensation for the Agreement, inclusive of contingency and all contract and option years, shall not exceed $671,000.
Reviewed by: Christine Jung, Deputy City Manager
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. Draft Agreement with James Nicholson Enterprise DBA Dinsmore Landscape Company
2. Stadium Manager’s Recommendation Memo
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LEVI’S STADIUM GENERAL SERVICES AGREEMENT
BY AND BETWEEN
STADIUM MANAGER
AND
JAMES NICHOLSON ENTERPRISES DBA DINSMORE LANDSCAPE COMPANY This Agreement for the Performance of Services (“Agreement”) is made and entered into on June __, 2026 (“Effective Date”) by and between JAMES NICHOLSON ENTERPRISES DBA DINSMORE LANDSCAPE COMPANY, a California corporation with its principal place of business at 161 Curtner Avenue, Campbell, CA 95008 (“Contractor”), and the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company (“Stadium Manager”), with its principal place of business at 4900 Marie P. DeBartolo Way, Santa Clara, CA 95054. Stadium Manager and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The CITY OF SANTA CLARA, a municipal corporation (“City”) and the SANTA CLARA STADIUM AUTHORITY, a joint exercise of powers entity, created through Government Code sections 6500 et seq. (the “Authority”), are parties to that certain Ground Lease dated March 28, 2012, as amended by that certain First Amendment to Ground Lease (Stadium Site) (as the same may be further amended from time to time, the “Ground Lease”), pursuant to which the Authority leases certain real property from the City upon which the Authority has developed and constructed a multi-purpose stadium (the “Stadium”).
B. The Authority and FORTY NINERS SC STADIUM COMPANY LLC, a Delaware limited liability company (“StadCo”), are parties to that certain Amended and Restated Stadium Lease Agreement dated March 28, 2012 as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Stadium Lease”), pursuant to which StadCo is granted the right during the term of the Stadium Lease to use and occupy the Stadium for the operation of an NFL franchise, subject to, and on the basis of, the terms, covenants and conditions set forth in the Stadium Lease.
C. StadCo and FORTY NINERS FOOTBALL COMPANY LLC, a Delaware limited liability company (“Team”), are parties to a certain Sublease Agreement dated March 28, 2012, as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Team Sublease”), pursuant to which, during the term of the Team Sublease, the Team shall play its NFL home games at the Stadium, subject to, and on the basis of, the terms, covenants and conditions set forth in the Team Sublease.
D. The Authority, StadCo, and Stadium Manager are parties to a certain Stadium Management Agreement effective as of March 28, 2012, as amended by that certain First Amendment to Stadium Management Agreement dated November 13, 2012, that certain Second Amendment to Stadium Management Agreement dated May 9, 2013, that certain Third Amendment to Stadium Management Agreement dated June 19, 2013, and that certain Fourth Amendment to Stadium Management Agreement dated March 18, 2014 (as the same may be further amended from time to time, the “Stadium Management Agreement”), pursuant to which the Stadium Manager will manage the operation of the Stadium year-round on behalf of the Authority and StadCo for the term and on the basis specified in the Stadium Management Agreement.
E. Pursuant to the Stadium Management Agreement, the Stadium Manager is required to maintain and operate the Stadium and areas surrounding the Stadium, and, accordingly, desires to secure the general services generally consisting of landscaping maintenance services as more fully described in Exhibit A, entitled “Scope of Services” (the “Services”), attached hereto and incorporated herein by this reference.
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F. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses / certifications / permits, and desire to provide the Services which meet objectives and requirements of Stadium Manager.
G. In accordance with the Stadium Management Agreement, the Stadium Manager is authorized to enter into this Agreement on behalf of the Authority and StadCo to engage Contractor to provide the Services. The Stadium Manager and Contractor desire to enter into this Agreement whereby Contractor will perform the Services subject to the terms and conditions of this Agreement, the Ground Lease, the Stadium Lease and the Stadium Management Agreement.
TERMS
1. DEFINITIONS.
A. Affiliate: shall mean any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person. For purposes of this definition, “control” when used with respect to any entity means the power to direct the management and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and “controlling” and “controlled” have meanings correlative to the foregoing.
B. Additional Indemnitees: shall mean the Authority’s Affiliates (including without limitation, the Authority’s Board of Directors, the City, its City Council, and all City or Agency commissions, officers, employees, volunteers and agents), the Bayshore North Project Enhancement Authority, the Successor Agency to the Santa Clara Redevelopment Agency, StadCo and its Affiliates, the Team and any Additional Team (i.e., an additional NFL franchise that plays its “home” games at the Stadium) (and their respective Affiliates), Manager’s Affiliates (if not any of the previously mentioned Persons), each other tenant of the Stadium and each Event promoter, and any mortgagee, bond trustee or other financial institution from time to time holding a lien or indenture upon Manager’s interest in the Stadium, the Stadium Lease or the Stadium Management Agreement.
C. Default Rate: shall mean a rate per annum equal to the lesser of (i) fifteen percent (15.0%) and (ii) the maximum non-usurious rate permitted by applicable law.
D. Fiscal Year: shall mean the twelve (12) month period commencing April 1 of each year after the execution of this Agreement, except that the first Fiscal Year will commence on the Commencement Date of the Stadium Lease and end on the next following March 31.
If this Agreement expires or terminates on a date other than March 31 of a particular year, there shall be a partial last Fiscal Year ending on the date of such termination.
E. Hazardous Substance: shall mean, as of any date: (a) any petroleum or petroleum products, flammable explosives, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls (PCBs); (b) any chemicals or other materials or substances which as of such date are defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants,” “infectious wastes,” “pollutants” or words of similar import under any environmental law; and (c) any other chemical or other material or substance, •
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exposure to which or use of which as of such date is prohibited, limited or regulated under any environmental law.
F. Person: shall mean any individual, corporation, partnership, limited liability company, association, trust or other entity whatsoever.
2. EMPLOYMENT OF CONTRACTOR.
Stadium Manager hereby employs Contractor to perform the Services. Stadium Manager shall pay for all such Services which are consistent with the terms of this Agreement.
3. SERVICES TO BE PROVIDED.
A. The Recitals above and all of the exhibits and schedules referenced in this Agreement are attached and are incorporated herein by this reference.
B. Contractor promises and agrees to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the Services as described in this Agreement including, without limitation, Exhibit A attached hereto.
C. Stadium Manager may, at its discretion, provide, or cause to be provided, during the Term designated office and storage space within the Stadium for use by Contractor. The location of such office and storage space shall be in the sole discretion of Stadium Manager, and Stadium Manager may direct that the office and storage space be moved to a new location within the Stadium from time to time as it deems necessary.
D. Except as expressly provided herein, Contractor shall be responsible for all costs and expenses incurred in performing the Services, including costs and expenses of maintaining, repairing and replacing any furniture, fixtures, equipment, or other tangible property and all applicable taxes, staffing (including all managerial and Event staff, if applicable), and training. As described in greater detail in Section 8.F hereof, Contractor agrees to fully abide by all sustainability and reuse programs established for or applicable to the Stadium, as each may be modified from time to time following the Effective Date.
E. Without limiting the generality of any other provision in this Agreement, Contractor’s provision of the Services shall be subject to the reasonable prior approval of Stadium Manager acting in conjunction with Contractor, including but not limited to staffing and the manner of Contractor’s performance. Contractor shall not offer exclusivity to any supplier without the prior written approval of Stadium Manager.
F. If at any time, Contractor fails or is otherwise prevented from providing all or any portion of the Services whether due to a suspension or termination of any licenses or permits or otherwise, then, in addition to any other right of Stadium Manager, Stadium Manager shall have the right, in its sole discretion, without the payment of any kind to Contractor, to provide through any available means the Services, or any portion thereof, until such time as Contractor has resumed its provision of the Services. In the event Stadium Manager exercises its rights pursuant to this Section, Contractor shall, and shall cause its employees to cooperate and assist Stadium Manager in providing the Services.
G. Notwithstanding the foregoing, and subject to any restrictions imposed by the Authority, including pursuant to the Stadium Lease and Stadium Management Agreement, the Stadium Manager and its designated agents reserve the right of access to all areas that Contractor is permitted to access, use and occupy hereunder for purposes of operating, inspecting, maintaining and repairing the Stadium (and all improvements therein or thereon) and for the purpose of determining whether the terms, covenants and conditions contained in this Agreement are being fully and faithfully observed and performed by •
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Contractor. Use of any space or property that Contractor is permitted to access, use and occupy hereunder for purposes other than the operations to be conducted under this Agreement, without prior written approval of Stadium Manager in its sole discretion, is prohibited. Contractor shall not interfere with any other contractor, licensee or employee of the Authority, Stadium Manager or any other person working at the Stadium.
4. COMMENCEMENT OF SERVICES.
Contractor shall begin providing the Services on the Effective Date. Contractor shall provide the Services as described in Exhibit A and shall complete all Services during the Term consistent with any milestones specified in this Agreement. The Parties may adjust any performance milestones, service schedules or commencement dates by mutual written agreement.
5. QUALIFICATIONS OF CONTRACTOR – STANDARD OF WORKMANSHIP.
A. Contractor represents and maintains that it has the necessary expertise in the professional calling to perform the Services, and its duties and obligations, expressed and implied, contained in this Agreement, and Stadium Manager expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties and obligations in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
B. Any plans, designs, specifications, estimates, calculations, reports, and other documents required to be furnished by Contractor under this Agreement shall be of a quality acceptable to Stadium Manager. To be accepted as provided under this Agreement, any such deliverable shall be a product of neat appearance and shall be well-organized, technically and grammatically correct, and checked, and shall identify the maker and checker. The minimum standard of appearance, organization, and content of the deliverable shall be that used by Stadium Manager for similar services.
6. TERM OF AGREEMENT.
The term of this Agreement (the “Term”) shall begin on the Effective Date and terminate on April 30, 2029 provided however, if this Agreement extends beyond a single fiscal year, the Term for subsequent fiscal years shall be conditioned upon approval of the Authority budget for the applicable fiscal year that includes the amounts due under this Agreement. All Services contained herein shall be completed prior to the end of the Term of this Agreement. The Stadium Manager shall have the option, in its sole discretion, to extend the Term for two additional one (1) year periods (“Option Year 1” and “Option Year 2”, respectively) by notifying Contractor in writing of Stadium Manager's desire to exercise said option prior to the expiration of the then-current Term.
7. WARRANTY.
Contractor expressly warrants that all Services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to Stadium Manager when defects are due to the negligence, errors, or omissions of Contractor. If Contractor fails to promptly correct or replace Services, Stadium Manager may make corrections or replace Services and charge Contractor for the cost incurred by Stadium Manager.
8. PERFORMANCE OF SERVICES.
A. Contractor shall perform all Services in an efficient and expeditious manner and shall work closely with and be guided by Stadium Manager. Contractor shall be as fully responsible to Stadium Manager for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of •
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persons directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all Applicable Laws and safety regulations, the policies and procedures issued by the Stadium Manager relating to the Services, the general operating procedures of the Authority, and any and all other applicable rules, regulations, policies and directives established or implemented by the Authority and/or Stadium Manager, the designees of either of them, or the NFL, from time to time, including scheduling rules, regulations and policies, related to the use or operation of the Stadium (collectively, “Stadium Policies”).
The term “Applicable Laws” as used in this Agreement shall mean any statute, law, treaty, rule, code, ordinance, regulation, permit, interpretation, certificate or order, whether now or hereafter existing, of any Governmental Authority, or any judgment, decision, decree, injunction, writ, order or like action of any court, arbitrator or other Governmental Authority, whether now or hereafter existing. The term “Governmental Authority” as used in this Agreement shall mean any federal, state, local or foreign governmental entity, authority or agency, court, tribunal, regulatory commission or other body, whether legislative, judicial or executive (or a combination or permutation thereof), and any arbitrator to whom a dispute has been presented under Applicable Laws or by agreement of the Parties with an interest in such dispute.
B. Contractor shall at all times maintain a sufficient number of qualified personnel at the Stadium and, if applicable, the Related Facilities (e.g., offsite parking areas) for the performance of all of Contractor’s obligations under this Agreement.
C. Contractor’s authorized personnel who are scheduled to work at events at the Stadium (“Events”) shall be provided with ingress to and egress from the Stadium through a gate or gates designated for such purpose by Stadium Manager, without charge, during all days on which Events are held and at all other times necessary to enable Contractor to prepare for Events and fulfill its responsibilities under this Agreement. Contractor shall be bound by and comply with all rules, policies and procedures relating to security and access rights, including requirements related to screening and identification of Contractor’s personnel, established from time to time by Stadium Manager. Nothing herein contained shall be held to limit or qualify the right of the Authority or Stadium Manager to a free and unobstructed use, occupation and control of the Stadium and ingress and egress for itself, its lessees and the public.
D. Contractor shall obtain on or before the Commencement Date and shall thereafter maintain throughout the Term, at its cost and in its name, all licenses and permits necessary for the performance of the Services and any and all other licenses and permits required to be obtained by Contractor by the terms of the Stadium Lease. Stadium Manager shall cooperate with Contractor in connection with applications submitted by Contractor for any and all licenses and permits and renewals thereof. Contractor shall not submit any application for a permit or license without first providing Stadium Manager a reasonable opportunity to review it. Contractor shall furnish Stadium Manager with copies of such licenses and permits and renewals thereof as are physically maintained at the Stadium, and all other licenses or permits otherwise required under Applicable Laws or this Agreement, and shall surrender all licenses and permits to Stadium Manager upon termination of this Agreement.
E. In the event that Contractor fails to obtain or maintain in full force and effect any material license or permit necessary for the performance of the Services, including upon a suspension applicable to an Event or revocation thereof, (a) Stadium Manager shall have the right (but no obligation) to perform or have another Person perform the applicable obligation without compensation to Contractor and, whether or not Stadium Manager exercises that right or its termination rights, Contractor shall be responsible to Stadium Manager for the loss of income and all other damages, including consequential and special damages, suffered by Stadium Manager as the result of Contractor’s breach of this Agreement, including any loss of income; and (b) Contractor shall be considered in material •
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breach of this Agreement, and Stadium Manager may, in addition to any other rights or remedies it may have, immediately terminate this Agreement.
F. Contractor shall comply in all respects with the Santa Clara Business and Commercial Recycling Program, as the same shall be amended from time to time, and shall, in partnership with Stadium Manager, prepare and implement a plan (the “Waste Reduction and Recycling Plan”) that targets 100% diversion of solid waste from all Events, including composting or other diversion of compostable organics. Contractor shall train its employees in the methods and objectives of the Waste Reduction and Recycling Plan and shall direct and cause its employees to not dispose of or discharge recyclables, compostables, waste, garbage, refuse or Hazardous Substances in any area in or outside the Stadium other than in areas specifically designated therefor. Contractor shall be responsible for expeditiously collecting, separating, recycling, bagging and delivering recyclables, compostables, trash and garbage generated within the Stadium Complex, and Contractor shall cause its employees to deposit such recyclables, compostables, trash and garbage in appropriate containers or equipment in the locations specified by Stadium Manager, whereupon Stadium Manager shall be responsible for the further delivery and ultimate disposal of such recyclables, compostables, trash and garbage. In addition, Contractor shall separate, compact and recycle the trash generated by Events on nonEvent days. Contractor shall take all action necessary to: (i) ensure that all such recyclables, compostables, trash and garbage are placed in bags and/or the appropriate receptacles or other containers (which receptacles and containers shall be provided by Contractor) that are durable for transport and not easily susceptible to breakage or leakage, (ii) notify Stadium Manager when the centralized Stadium recyclable, compostable and garbage receptacles are full and need to be emptied, (iii) prevent recyclables, compostables and trash from piling up around the outside of the receptacles and from using the Stadium receptacles in lieu of transferring the recyclables, compostables and trash to the required locations as described herein and (iv) ensure that recyclables, compostables and trash do not spill out prior to or during transport. Contractor agrees to and is fully committed to participating in the separation and recycling of refuse in the Stadium and to minimize the amount of non-recyclable and non-compostable refuse to be removed from the Stadium. All recyclable, compostable, trash and garbage receptacles within the areas controlled by Contractor shall be provided by Contractor and shall be cleaned and sanitized by Contractor in accordance with the standards reasonably set from time to time by the Authority and/or Stadium Manager, to ensure a consistently high standard of sanitation meeting or exceeding the standards set by the Santa Clara County Public Health Department and/or the City. Contractor will comply with all federal, state and local recycling and composting requirements and such recycling and composting programs implemented from time to time by the Authority and/or Stadium Manager and all rules and regulations applicable to the Stadium’s adherence to, and/or certification by, the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. Contractor shall indemnify Stadium Manager and make Stadium Manager whole for any out of pocket costs incurred by Stadium Manager which are solely attributable to any negligence or intentional act or omission of Contractor or any of its employees with respect to the recycling or trash removal program, including the expense of returned or rejected recyclable, compostable and trash removals due to mixing or contaminating the trash flow in violation of Applicable Laws or specific directives provided to Contractor in writing as part of the Stadium’s sustainability and recycling, composting or trash removal programs. Stadium Manager will determine the type, appearance and location of the recyclable, compostable and trash receptacles.
G. Contractor agrees not to use Hazardous Substances at the Stadium, except in accordance with Applicable Laws, and agrees to indemnify, defend, and hold the Indemnified Parties harmless for all Losses (as defined in Section 23.A below) arising out of its use, generation or storage of Hazardous Substances at the Stadium.
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H. Contractors acknowledges and agrees that Services performed under this Agreement shall not create any right of lien for Contractor at the Stadium, which is a publicly owned building.
Contractor hereby waives and releases any right of lien against Stadium Manager, StadCo, the Authority, the City, and the Stadium for the Services or any other work performed by Contractor at the Stadium during the Term of this Agreement.
I. If required by Applicable Laws, Contractor shall file a payment bond for one hundred percent of the total amount payable hereunder with and approved by Stadium Manager.
9. MONITORING OF SERVICES.
Stadium Manager may monitor the Services performed under this Agreement to determine whether Contractor’s operations conform to Stadium operating policies and directives and to the terms of this Agreement. Stadium Manager may also monitor the Services to be performed to determine whether the Services are being conducted in accordance with applicable Stadium Policies, National Football League requirements, and Applicable Laws.
10. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate, or defective Services at no cost to Stadium Manager, when such defects are due to the negligence, errors, or omissions of Contractor. If any action of Contractor constitutes a breach, Stadium Manager may terminate this Agreement pursuant to the provisions described herein.
11. RESPONSIBILITY OF CONTRACTOR.
A. Contractor shall be responsible for the professional quality, technical accuracy, and coordination of the Services furnished by it under this Agreement. Neither Stadium Manager’s review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to Stadium Manager in accordance with Applicable Laws for all damages to Stadium Manager caused by Contractor failure to perform any of the Services furnished under this Agreement.
B. Any acceptance by Stadium Manager of plans, specifications, construction contract documents, reports, diagrams, maps, and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with Applicable Laws.
C. Contractor shall comply and otherwise abide by, all emergency and security procedures and protocols of the Stadium Manager, the Authority, the City, the Team, the NFL and promoters of Events as the Stadium Manager or such other Persons shall adopt from time to time. Such procedures and protocols may include, without limitation, (i) employee patdown and screening, (ii) presentment by Contractor’s employees of identification cards or badges issued by Stadium Manager, which may include reporting criteria such as bar codes, “Mag Stripes”, “RFID” or other identifier systems; (iii) restricting access to certain parts of the Stadium to specified employees of Contractor as reasonably approved by the Stadium Manager (with respect to security clearance standards); and/or (iv) conduct by Contractor, at its sole expense, of Team-specified minimum background and such other security screening checks on all of Contractor's employees as the Stadium Manager shall request from time to time, which checks may vary as to job function.
D. Personnel.
i. Contractor shall hire, employ, train, supervise and discipline any and all persons necessary to provide the Services in accordance with the terms of this Agreement •
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and shall use its best efforts to ensure that its employees continually practice the high standards of safety, courtesy and service customarily followed in the conduct of a first-class operation. Contractor shall use its best efforts to select qualified, competent and trustworthy employees. Any and all persons who furnish services under this Agreement, whether or not employed by Contractor prior to the Effective Date, are exclusively employees, subcontractors and/or non-affiliated third parties employed by Contractor and are not employees of the Authority, the City, StadCo or Stadium Manager. Such persons furnishing services under this Agreement shall be subject to appearance standards mutually acceptable to the parties hereto and as permitted by Applicable Laws, and shall wear, at all times while working at the Stadium, neat and clean uniforms provided by Contractor and approved by Stadium Manager. Such uniforms shall bear such lettering and insignia (including the name and logo of the Stadium, the Stadium naming rights sponsor, if required, and the location of the employee's assignment (e.g., a Club or Suite area)) as Stadium Manager may require and shall be of a design reasonably satisfactory to Stadium Manager. Contractor shall cause its employees to conduct themselves in a professional and courteous manner, and not to unreasonably disturb or interfere with Events. Contractor shall at all times maintain accurate records of the names, addresses, employment history and other legal identification of those to whom Contractor issues employee badges, uniforms or other identifying items to ensure the proper identification and legal working status of Contractor's employees at the Stadium. Contractor shall conduct such background and other security screening checks on its employees as Stadium Manager shall reasonably request from time to time and shall not knowingly hire any person who has been previously terminated by the Authority, StadCo, Stadium Manager or any of their respective Affiliates or contractors. Upon Stadium Manager's request, and so long as any such action shall not be contrary to law, Contractor shall immediately remove from the Stadium any employee, agent, contractor or invitee of Contractor and permanently revoke such person's access credentials.
ii. Intentionally Left Blank.
iii. Contractor shall conduct regularly scheduled employee training programs appropriate to the Services provided, including any programs specifically requested by Stadium Manager, for all of its employees working in the Stadium (the “Employee Training Programs”). The Employee Training Programs will be mandatory for all employees, agents and any subcontractors of Contractor and, at a minimum, will include customer service, guest interaction, security procedures and specific job skills training, and will be conducted in such frequency as may be approved or directed by Stadium Manager. Contractor shall cause all Employee Training Programs to be periodically reviewed (no less frequently than annually) and updated to the extent necessary to maintain the standard of service requested by Stadium Manager. All employees of Contractor shall also be required to attend such policy and procedures training sessions as may be held by the Stadium Manager, as well as the Stadium orientation tour and training conducted by the Stadium Manager. Contractor shall not permit any employee, agent or subcontractor to work at an Event prior to his or her completion of the prescribed training sessions and Employee Training Programs.
iv. Contractor shall promptly notify Stadium Manager upon voluntary or involuntary termination of employment of its employees or contractors and ensure that each such terminated individual is denied further access to the Stadium. In no event shall the Authority, the City, StadCo or Stadium Manager be liable, and Contractor shall indemnify, protect, and hold the Authority, the City, StadCo and Stadium Manager harmless, for Contractor's record keeping (or lack of record keeping), including the legal identification and working status of Contractor's employees and •
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subcontractors, or for any other matters relating to Contractor's employees or subcontractors.
12. COMPENSATION AND PAYMENT.
A. The total maximum compensation permitted under this Agreement through April 30, 2029 is $376,000, plus a $32,000 contingency, with an additional $129,500 authorized for Option Year 1 and $133,500 authorized for Option Year 2, all subject to budget appropriations, and which total compensation includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required for the Services. All work performed in excess of the maximum compensation shall be at Contractor's expense.
Contractor shall not be entitled to payment above the maximum compensation under any circumstances.
B. In consideration for Contractor’s performance of the Services in accordance with the requirements of this Agreement, Stadium Manager shall pay Contractor for all materials provided and services rendered by Contractor in the amount(s) set forth in Exhibit B, entitled “Contractor Compensation and Fees.”
C. Contractor will invoice Stadium Manager for fees as set forth in Exhibit B, subject to verification by Stadium Manager. Except as otherwise expressly provided in Exhibit B, Stadium Manager will pay Contractor within thirty (30) days of Stadium Manager’s receipt of a valid invoice.
13. TERMINATION OF AGREEMENT.
A. In addition to any other rights or remedies Stadium Manager may have, Stadium Manager may terminate this Agreement by written notice to Contractor if: (i) Contractor fails to correct to the reasonable satisfaction of Stadium Manager any condition created or controlled by Contractor that, in Stadium Manager’s reasonable judgment, poses a hazardous condition to occupants of the Stadium Complex, any of the Related Facilities (e.g., offsite parking areas), or any portion thereof, within twenty-four (24) hours after receipt of written notice from Stadium Manager; (ii) Contractor fails to perform any material obligation under this Agreement and such failure continues unremedied for a period of ten (10) days after receipt of written notice from Manager of the particular failure to perform (or thirty (30) days in the case that a remedy has commenced but cannot reasonably be accomplished in ten days); (iii) Contractor is placed into bankruptcy either voluntarily or involuntarily (and such involuntary proceeding is not dismissed within sixty (60) days), becomes financially insolvent, takes the benefit of any present or future insolvency statute, makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; (iv) Contractor transfers or permits a transfer of this Agreement in violation of Section 14; (v) Contractor fails to obtain and/or maintain required licenses and permits under Section 8.D; or (vi) Contractor fails to work cooperatively and in good faith with the Authority, Stadium Manager, any of their respective Affiliates or any of subcontractors of any of the foregoing.
Contractor and Stadium Manager acknowledge and agree that termination of this Agreement by Stadium Manager pursuant to this Section shall be “for cause.” B. Upon the termination or expiration of this Agreement, (1) Contractor shall immediately surrender possession of the Related Facilities, if any (including any and all leasehold and other improvements therein), uniforms, equipment (and related manuals and software) to Stadium Manager, (2) Contractor shall immediately assign to Stadium Manager or its designee(s) all right, title and interest of Contractor in and to all items purchased by Contractor in connection with the Services (including uniforms and equipment), (3) Contractor shall make all payments required to be made by Contractor under this Agreement, (4) to the extent permitted by Applicable Laws, Contractor shall immediately •
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surrender possession of and assign to Stadium Manager all permits and licenses acquired by Contractor in compliance with this Agreement and any Applicable Laws, and (5) all matters, rights and liabilities existing on the date of termination between the parties hereto shall be determined as of such termination date (except as described above), and discharged as promptly as possible thereafter, including any known claims for damages either party may have against the other for breach of the terms and conditions hereof. Any such surrender shall require delivery of possession in good condition, reasonable and ordinary wear and tear excepted and otherwise in compliance with the terms of this Agreement. Notwithstanding any termination or expiration of this Agreement, all liabilities and obligations of the parties will survive until they are fully satisfied.
C. If the Stadium is destroyed or otherwise rendered unusable for more than thirty (30) days for any reason (a “Casualty Event”), Stadium Manager shall give Contractor a notice within ninety (90) days after the Casualty Event stating that whether the Authority intends to rebuild or restore the Stadium. If the notice states that the Authority will not rebuild or restore the Stadium, this Agreement shall be terminated. If the notice states that the Authority intends to rebuild or restore the Stadium, the Parties’ obligations hereunder shall be abated during that period. If such notice states that the Authority reasonably believes that it will take longer than two (2) years to restore or rebuild the Stadium or, if a shorter amount of time, such amount of time is longer than the remainder of the Term, either party shall have the option of terminating this Agreement by written notice to the other at any time within one hundred and eighty (180) days after Stadium Manager gives such notice, and such termination shall be effective one hundred twenty (120) days after the other party’s receipt of such notice. Contractor shall not be entitled to any monetary or other damages or compensation from Stadium Manager in the event of a Casualty Event.
D. The Parties acknowledge and agree that in the event that any permit required to be obtained by Stadium Manager for the full performance of the Services is not obtained by within a reasonable amount of time following the Effective Date, Stadium Manager shall have the right in its sole discretion to terminate this Agreement upon written notice to Contractor. Upon such termination, the Parties shall mutually agree upon any remaining payment by or refund to Stadium Manager in good faith. In no event shall Stadium Manager be responsible for any labor or other costs for services not yet performed by Contractor at the time of the notice of termination
14. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
A. Stadium Manager and Contractor bind themselves and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred by Contractor without the prior written approval of Stadium Manager. Contractor shall not hire subcontractors without express written permission from Stadium Manager.
B. Stadium Manager may sell, assign, pledge and otherwise transfer or encumber (each, a “transfer”) this Agreement and any or all of its rights and obligations hereunder to any other Person, including any source of or guarantor or insurer of financing or any trustee, collateral agent or other Person appointed in connection with such financing (each, a “Manager Assignee”), whether by security agreement, collateral assignment, transfer or otherwise; provided, that such transfer shall not relieve Stadium Manager of its obligations under this Agreement unless such Manager Assignee assumes in writing Stadium Manager’s obligations under this Agreement. Upon reasonable prior notice from Stadium Manager, Contractor shall make any payments due hereunder to such Manager Assignee and shall execute and deliver any documents that Stadium Manager or any Manager Assignee may reasonably request to acknowledge and confirm that upon any such transfer, this Agreement will remain in full force and effect, will continue to be a legal, valid and binding obligation of Contractor enforceable in accordance with its terms (subject to applicable bankruptcy or insolvency laws and general principles of equity), and that (to the •
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extent accurate and correct) neither Contractor, nor to Contractor’s knowledge, Stadium Manager is in material breach or violation of this Agreement.
C. Contractor acknowledges and agrees that, in the event the Stadium Management Agreement is terminated for any reason, the Authority and StadCo shall, in accordance with the Stadium Lease, employ a replacement manager for the Stadium, who shall, following the effective date of such employment, constitute the “Stadium Manager” for all purposes under this Agreement, provided, however, that for any period of time before a replacement manager is appointed, this Agreement may be assigned to the Authority or StadCo as deemed appropriate in the Stadium Manager’s sole discretion.
15. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, except for the Authority, StadCo, and Team, and no other third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
16. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of Stadium Manager, the Authority or StadCo. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. All liabilities that may arise as a result of Contractor's status as an employer shall be borne exclusively by Contractor, including liability relating to payments required to be made under, and documents to be filed with respect to, the Federal Insurance Contribution Act and the Federal Unemployment Tax Act or any similar federal, state, city or local legislation or other Applicable Laws. Contractor is not authorized to bind Stadium Manager, the Authority or StadCo to any contracts or other obligations.
17. NO PLEDGING OF STADIUM MANAGER’S CREDIT.
Under no circumstances shall Contractor have the authority or power to pledge the credit of the Stadium Manager or any other of the Indemnified Parties or incur any obligation in the name of such Persons. Contractor shall save and hold harmless the Authority, StadCo, Stadium Manager, their respective Affiliates, and their respective officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of credit by Contractor under this Agreement.
18. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions, or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of Stadium Manager, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor shall be deemed confidential.
Notwithstanding the above, the Contractor acknowledges that the Authority is a California public entity that is subject to the California Public Records Act. Information disclosed to Stadium Manager on behalf of the Authority regarding the Contractor's Services in connection with the performance of this Agreement may be subject to public disclosure in accordance with the Public Records Act, including this Agreement and its terms.
19. NO USE OF STADIUM MANAGER NAME OR EMBLEM.
Contractor shall have no right to use the trademarks, symbols, trade names or other intellectual property of the Authority, Stadium Manager, Levi’s Stadium®, the San Francisco 49ers, or their respective Affiliates, or Stadium tenants or their Affiliates or other Event performers directly or •
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indirectly, in connection with any production, promotion, service or publication, without the written approval of Stadium Manager.
20. OWNERSHIP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, and other material developed, collected, prepared, or caused to be prepared under this Agreement shall be the property of Stadium Manager, but Contractor may retain and use copies thereof. Stadium Manager shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than the Services, including, but not limited to, the release of this material to third parties.
21. RIGHT OF STADIUM MANAGER TO INSPECT RECORDS OF CONTRACTOR.
Stadium Manager, through its authorized employees, representatives, or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for Services, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to Stadium Manager. Any expenses not so recorded shall be disallowed by Stadium Manager.
Contractor shall submit to Stadium Manager any and all reports concerning its performance under this Agreement that may be requested by Stadium Manager in writing. Contractor agrees to assist Stadium Manager in meeting Stadium Manager’s reporting requirements with respect to Contractor’s Services hereunder.
22. FAIR EMPLOYMENT.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of Applicable Law.
23. HOLD HARMLESS/INDEMNIFICATION.
A. Contractor shall indemnify, defend and hold harmless the Authority, Stadium Manager and the Additional Indemnitees, and their respective officers, directors, managers, members, partners, owners and employees (collectively, “Indemnified Parties”) from and against all losses, costs, suits, actions, claims, damages, amounts paid in settlement, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Losses”), resulting to, imposed upon, asserted against or incurred by any of them (including in any action between the parties) in connection with or arising out of (i) any breach by Contractor under this Agreement, (ii) any activity, inactivity, work or thing done or permitted by Contractor or its employees, agents or contractors in or upon the Stadium or Related Areas, including the performance of the Services, or (iii) any injury or damage to any Person or to the property of any Person caused by any action or omission of Contractor or its employees, agents or contractors.
B. If any claim, demand, action or proceeding is made or commenced by any third party (a “Third Party Claims”) against any Indemnified Party, the Indemnified Party shall give Contractor prompt notice thereof; the failure to give such notice shall not affect the liability of Contractor under this Agreement except to the extent the failure materially and adversely affects the ability of Contractor to defend the Third Party Claim. Contractor shall have the right to assume the defense and resolution of the Third Party Claim, provided that (i) the •
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Indemnified Party shall have the right to participate in the defense of the Third Party Claim at its own expense through counsel of its choice (control of the defense will remain with Contractor), (ii) Contractor shall not consent to the entry of any judgment or enter into any settlement that would require any act or forbearance on the part of the Indemnified Party or which does not unconditionally release the Indemnified Party from all liability in respect of the Third Party Claim or would otherwise bring dishonor or disrepute upon Authority, Stadium Manager, any of their respective Affiliates, without the prior written consent of the Indemnified Party, and (iii) the Indemnified Party may undertake the defense of the Third Party Claim, at Contractor’s expense, if Contractor fails to (A) assume the defense within ten (10) business days after notice from the Indemnified Party or (B) diligently prosecute the defense.
24. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any longer time period set forth in Exhibit C entitled “Insurance Requirements” and attached hereto and incorporated herein by this reference, Contractor shall purchase and maintain in full force and effect, at no cost to Stadium Manager insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as required in Exhibit C.
25. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
26. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between Stadium Manager and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of Stadium Manager prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon Stadium Manager.
27. SEVERABILITY CLAUSE.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
28. WAIVER
Contractor agrees that waiver by Stadium Manager of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement
29. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to Stadium Manager addressed as follows:
Attention: Francine Melendez Hughes, EVP and General Manager Address: Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
[email protected]
With a copy to: Legal Affairs
Forty Niners Stadium Management Company LLC
•
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4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
[email protected]
And to Contractor as follows:
Attention: [insert name/title or department]
Address: [insert contractor name]
[insert address]
[insert address]
If notice is sent via email, a signed, hard copy of the material shall also be mailed. The workday the email was sent shall control the date notice was deemed given if there is a computer-generated confirmation of receipt returned to the sender on the date of transmission. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
30. CAPTIONS.
The captions of the various sections, paragraphs, and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
31. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
32. DISPUTE RESOLUTION.
A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and Stadium Manager regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours) provided the Parties may mutually agree to extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney’s fees, expert witness costs, and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert’s fees, and attorney’s fees. If mediation does not resolve the dispute, the Parties agree that the matter shall be litigated in a court of law, and not subject to the arbitration provisions of the Public Contract Code.
33. COMPLIANCE WITH ETHICAL STANDARDS.
By executing this Agreement, Contractor promises and agrees that it and all of its members, officers, employees, agents, subcontractors and authorized representatives will comply with the •
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“Ethical Standards for Contractors Seeking to Enter into an Agreement with Stadium Manager” attached hereto as Exhibit D and incorporated herein by this reference.
34. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no Stadium Manager, StadCo, Team, Authority, or City officer, employee, or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise Stadium Manager if a conflict arises.
35. LABOR COMPLIANCE REQUIREMENTS.
A. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site.
Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
B. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
C. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one half (1 1/2) times the basic rate for that worker.
D. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice •
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specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Stadium Manager, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on public works with the intent to defraud shall be ineligible to bid on public works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
E. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the “Public Works Contractor Registration Certification” attached hereto as Exhibit E and incorporated herein by this reference prior to Agreement execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
F. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Agreement and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager.
Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
G. It shall be Contractor’s sole responsibility to comply with, and maintain adequate records of its adherence to, all applicable state prevailing wage requirement. Contractor is responsible for maintaining and providing the following documentation to Stadium Manager for review and approval within the timeframes specified below. i. Division of Apprenticeship Standards (DAS) 140 Form (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 140 forms filed with the appropriate apprenticeship committee(s) the earlier of Contractor’s first application for payment for Services performed under this Agreement or ten (10) days of Agreement execution.
ii. DAS 142 Form (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 142 forms filed with the appropriate apprenticeship committee(s) or evidence of an approved exemption with its first application for payment for Services involving an apprenticeable craft or trade classification – additional DAS 142 forms or evidence of approved exemptions must be provided •
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following this initial submission with future applications for payment in the event those applications are for Services involving an apprenticeable craft or trade classification not covered under the first application for payment. iii. California Apprenticeship Council (CAC) Form CAC-2; Training Fee Contributions (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must submit evidence of mandatory training contributions required under Labor Code Section 1777.5, as it may be amended from time to time, via submission of completed Form CAC-2 and/or confirmation of payment to a valid union trust fund with each application for payment submitted to Stadium Manager.
iv. Certified Payroll Records; Statement of Compliance. Contractor, on behalf of itself and its subcontractors, must submit complete payroll records on forms substantially similar to the Department of Industrial Relations Form A-1-131 with each application for payment submitted to Stadium Manager. Each set of certified payroll records submitted to Stadium Manager with any application for payment must be accompanied by a signed Statement of Compliance certifying the information on the certified payroll records is true and correct. For the period covered by any application for payment in which Contractor and its subcontractors did not perform Services, Contractor must additionally submit a signed Statement of Non-Performance certifying no work was performed. Contractors are advised the submission of electronic certified payroll records to the Department of Industrial Relations via the eCPR system is not an acceptable substitute to maintaining and providing full certified payroll records as required by this provision and applicable law.
v. Fringe Benefit Statement. Contractor, on behalf of itself and its subcontractors, must submit complete Fringe Benefit Statement(s) for the crafts and trade classifications utilized to perform the Services covered by any application for payment. All Fringe Benefit Statements must be submitted with the application for payment to which each applies.
vi. Demand for Compliance Records. At any time during or subsequent to the full performance of the Services under this Agreement and in addition to the obligations set forth above, Stadium Manager and/or the Authority may require Contractor to produce and or correct and re-submit any prevailing wage compliance records, which must be reviewed and approved by Stadium Manager and/or the Authority, prior to full release of payment. vii. Withholding for Non-Compliance. In the event Contractor or any subcontractor is found not to be in compliance with the foregoing requirements for any application for payment whether for progress payments or final payment, Stadium Manager has the right to withhold up to ten percent (10%) of the amount owed to Contractor under the affected application for payment until full compliance is achieved.
Contractor acknowledges and agrees the foregoing amount is a reasonable estimate of the value of the documentation specified above. [Signatures continued on next page]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly appointed representatives as of the Effective Date.
STADIUM MANAGER:
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
By:_________________________________
Name: Francine Melendez Hughes
Title: Executive Vice President and General Manager
CONTRACTOR:
JAMES NICHOLSON ENTERPRISES DBA DINSMORE LANDSCAPE COMPANY By:_________________________________
Name: [insert name]
Title: [insert title]
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide the following services at the Stadium during the Term, as directed by Stadium Manager:
I. Overview
a. Required Licenses:
i. Contractor shall maintain throughout the Term all licenses or certifications required to perform the Services, including a valid C-27 - Landscaping Contractor License issued by the California Contractors State License Board (CSLB). ii. Contractor shall maintain all licenses and certifications required by the California Department of Pesticide Regulation (DPR) for landscape maintenance pesticide applications, including holding a valid Qualified Applicator License (QAL) or Qualified Applicator Certificate (QAC), as required under California law to apply or supervise the application of restricted-use pesticides. b. Timing of Services:
i. Contractor will provide the landscape maintenance services set out below, on a monthly basis unless a provision indicate that Contractor must provide those services under a different schedule (e.g., weekly, bi-annually, etc.), or Stadium Manager directs Contractor to perform those services under a different schedule in Stadium Managers sole discretion. If a conflict exists between the schedules, Stadium Manager shall determine the schedule in consultation with Contractor. ii. The Parties will mutually agree upon the time and date for Contractor to perform and complete the Services at the Stadium during the Term. c. Meetings; reports and other information to be provided to Stadium Manager i. Contractor shall meet with Stadium Manager on a mutually agreed upon schedule to review services and make any necessary changes within the scope of this Agreement to maintain premises.
ii. Contractor shall walk the property with Stadium Manager a minimum of one (1) inspection per month.
iii. Contractor will provide Stadium Manager mutually agreed upon reports (annual at a minimum) on usage for auditing and reporting purposes. iv. Contractor will provide Stadium Manager and maintain a current list of emergency numbers for 24-hour emergency response. Contractor will initiate remedial action within one (1) hour of notification of such emergency. v. Contractor will provide Stadium Manager a weekly report (“Weekly Reports”) that includes:
1. Maintenance issues to be addressed;
2. Location of maintenance issue (e.g., where on the property);
3. Proposed corrective actions;
4. Inspection date(s) and time(s);
5. Account manager contact information;
6. Inspector contact information; and,
7. Color photos or images of any issue(s).
d. Landscape Maintenance
i. Contractor will provide all equipment, labor and material, tools, services and special skills required to perform the duties and landscape maintenance set out in this Agreement, and in keeping with the surrounding community. ii. Contractor’s plant material maintenance duties will include, but not be limited to:
mowing, trimming, aeration, pruning, watering, fertilization, weed control, pest control and cleanup. Contractor will provide plant material maintenance methods •
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tokeep the site in a state of perpetual growth and repair. iii. Contractor’s irrigation maintenance duties will include, but not be limited to:
operation of system, adjustments, and minor repairs.
iv. Contractor will clean the walkways near the planters to prevent impairment of walking surface from plant materials or standing water. v. During periods of storms, Contractor will provide inspections of the Stadium during regularly assigned hours to prevent or minimize the possible damage from inclement weather. Contractor will report any storm damage to Stadium Manager immediately. If remedial work is requested beyond the specified scope, Contractor will perform only after obtaining Stadium Manager’s written approval. vi. Contractor will perform the following landscape services upon request by Stadium Manager:
1. Installation of five (5) gallon replacement plants (including soil amendment and plant material);
2. Installation of one (1) gallon replacement plants (including soil amendment and plant material);
3. Installation of fifty-six (56) cyd pro-chip bark mulch;
4. Bio swale rehabilitation in Gold Lots Four and Five including on-going maintenance monthly; and
5. Prune trees within the Stadium grounds that require a lift or special equipment on an annual basis (every 12 months).
e. Scope of Services Review
i. From time to time, Stadium Manager will review Contractor’s work to determine if Contractor is performing the Services satisfactorily. Stadium Manager will inform Contractor of any changes that Contractor will need to implement. ii. Contractor will perform other landscape maintenance duties not listed in this Agreement, as directed by Stadium Manager.
f. Chemical Application and Regulatory Compliance
i. Contractor shall comply with all applicable federal, state, and local laws governing pesticide and chemical applications.
1. When pesticide applications require a written recommendation under California law, such recommendations shall be prepared by a licensed Pest Control Adviser (PCA).
2. Contractor shall notify the Stadium Manager immediately if any license or certifications required for the performance of Services expire, are suspended, or are revoked.
3. Contractor shall implement an Integrated Pest Management (IPM) approach in accordance with applicable laws and best industry practices.
II. MONTHLY ON-GOING MAINTENANCE SERVICES
a. Contractor will furnish the following landscape maintenance services at Levi’s Stadium on a monthly basis:
i. General landscape maintenance at and around the Stadium, as directed by Stadium Manager. Based on the current maintenance, the anticipated time to complete these tasks is between forty-five (45) to fifty (50) man hours per month. ii. Planter and pot maintenance at and around the Stadium, as directed by Stadium Manager. Based on the current work being accomplished, the anticipated time to complete these tasks is between eight (8) and ten (10) man hours per month. iii. Tasman Drive Stadium side service removing weeds, cutting back shrubs, and installing and maintaining pro-chip bark mulch, as directed by Stadium Manager.
Based on the current work being accomplished, the anticipated time to complete these tasks is between forty-five (45) and fifty hours (50) per month. iv. Full maintenance of rooftop landscape for pollinator plants and weed abatement, as directed by Stadium Manager.
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v. Prune trees that are reachable from the ground level (i.e., with both feet on the ground) within the Stadium grounds, as directed by Stadium Manager. vi. Contractor will promptly notify Stadium Manager to obtain Stadium Manager’s approval to continue performing Services if Contractor expects that the total time to complete all general landscape maintenance and planter pot maintenance duties exceeds the anticipated time-ranges set out above.
A. GENERAL REQUIREMENTS
a. Fertilization
i. Contractor will take precautions in applying fertilizer to contain these materials in the planting areas and prevent the deposit of material onto paved areas. ii. Contractor will immediately remove any fertilizer deposited on paved areas. iii. Contractor will repair, at no additional cost to Stadium Manager, any damage that is incurred to the paved areas caused by Contractor’s actions or inactions. b. Drainage
iv. Contractor will be responsible for periodic inspection of surface drains located within the landscaped areas. Before inclement weather, Contractor will check these drains to assure proper functioning. Contractor will remove any debris or vegetation that may accumulate at the inlet and prevent proper flow of water. c. Soil Analysis and Plant Testing
v. Contractor may be directed to take samples of soil or plant tissues for testing purposes. These tests shall be used to determine the specific cause(s) of plant failure, fertility levels, etc.
d. Pesticides
vi. Contractor will use all pesticide materials in strict accordance with the Environmental Protection Agency (EPA) guidelines, including, but not limited to, the following:
1. All pesticides Contractor uses must meet the standards established by the EPA.
2. Contractor will apply pesticides at times that limit the possibility of contamination from climatic and other factors. Contractor will monitor forecasted weather conditions to avoid making applications before inclement weather to eliminate potential run-off of treated areas. When water is required to increase pesticide efficiency, Contractor will apply water only in quantities that each area is capable of receiving without excessive run-off. Contractor will not leave any pesticide or chemical unattended.
3. Contractor will take precaution and care in transferring and mixing pesticides to prevent contaminating areas outside the target area.
Contractor will use application methods that ensure that materials are confined to the target area. Contractor will dispose of pesticides within the guidelines established by the EPA.
e. Rodent Control
vii. Contractor shall use best effort to control all rodents in landscaped areas in connection with any pest control service provider at the Stadium. Control of excessive numbers of rodents shall be considered an extra scope under this engagement and Stadium Manager shall request a quotation for specific task or project.
f. Weed Control
viii. Contractor shall remove weed(s), including tumbleweeds, in all landscape and hardscape areas. Weed abatement is to include a total of four (4) abatements of weeds in the following areas within the monthly service fee*:
4. Gold lots one (1) and two (2)
5. In and around Stadium grounds, landscape, and hardscape
6. *Roof top terrace weed abatement will need to be monthly as active •
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garden is in production and be conducted by hand.
g. Water Conservation
ix. Contractor is responsible for obtaining water usage restrictions for property from applicable water district and maintaining the usage within allocations and within standards reasonably set by Stadium Manager.
B. PLANT MATERIALS
a. Turf
i. Fertilization:
1. Contractor will fertilize turf as required to maintain a lush, green appearance and perpetual growth.
2. Contractor will apply fertilization to the turf a minimum of two (2) times per year to support the health, disease prevention, and a pleasing aesthetic.
3. Contractor will apply a complete fertilizer to all non-turf plants, at a minimum of eight (8) times per year, using appropriate nutrients and minerals.
4. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Edging:
1. Contractor will trim all turf edges adjacent to walks, curbs, paved areas, buildings, mow strips or header boards, fixtures at grade, and shrub or ground cover areas using a power edger or weed eater to maintain a crisp and neat appearance. Edging shall be performed every other week.
Frequency may be reduced to one (1) time per month from November through February or as otherwise approved by Stadium Manager.
2. Contractor will maintain a six (6’) inch bare drift buffer zone around the circumference of all trees, buildings, and raised fixtures in the turf.
3. Contractor will exercise care regarding the use of weed eaters, to prevent damage to trees, building surfaces, walls, header board, light fixtures, signage, etc.
iii. Mowing:
1. If required, Contractor will mow turf and remove clippings on a weekly basis during the growing season, except during November through March when mulch mowers are allowed. Frequency may be reduced to every other week from November through February or as otherwise approved by Stadium Manager.
2. During warm season (as determined by Stadium Manager), Contractor will cut cool season turf at least two and one half (2½”) inches. During cool season, Contractor will cut cool season turf to two (2”) inches.
3. Contractor will cut warm season turf at two to three (2-3”) inches.
4. Contractor will cut turf at a uniform height.
5. Contractor will cut turf with sharp blades.
6. Contractor will change mowing patterns weekly to avoid rutting.
7. Contractor will exercise care during the mowing operation to prevent damage to trees and other obstacles in the lawn areas like electrical boxes, fixtures, buildings and signage.
8. Contractor will not perform mowing in wet conditions.
9. Use of mulching mowers is authorized during the months of November through March.
10. Use of riding mowers is authorized on large open turf areas. iv. Weed, Pest and Disease Control: Contractor will maintain weed-, pest- and disease-free turf areas at all times by either chemical or mechanical means. v. Watering:
1. Contractor will operate the irrigation system to obtain 100% coverage and maintain uniform moisture throughout root zone.
2. Contractor will use a soil probe or moisture sensor to determine moisture •
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needs.
3. Contractor will use repeat cycles to maximize penetration and minimize run-off.
4. Contractor will allow soil in turf areas sufficient time to dry prior to mowing to minimize soil compaction.
vi. Aeration:
1. Contractor will mechanically aerate turf areas on a site at minimum of one (1) times per year during the spring season, to allow for proper water penetration and minimize run-off.
2. Contractor will use a plug aerator with three (3”) inch tines.
3. Contractor may remove aerator plugs by mowing immediately following aeration.
vii. Thatching/Over seeding of Plant Materials:
1. As needed, Contractor will remove thatch in October before over seeding, as directed by Stadium Manager.
2. Contractor will not dethatch fescue unless directed by Stadium Manager.
3. Contractor will over seed all warm season turf areas with ten (10) pounds per thousand (1,000) square feet of perennial rye grass seed. Before over seeding, Contractor shall mow all warm season grass areas to threefourths (¾”) inch.
4. Contractor is responsible for broadcasting turf with pre-emergent chemical to eliminate crab grass during winter months.
b. Ground Cover
i. Fertilization:
1. Contractor will fertilize ground cover as required to maintain a lush, green appearance and maintain perpetual growth. Contractor will fertilize two (2) times per year using a complete fertilizer that provides appropriate nutrients and minerals.
2. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Edging and Trimming:
1. Contractor will edge, as needed, adjacent walks, curbs, paved areas, buildings, shrubs, trees, and other miscellaneous objects in ground cover areas to maintain a neat, clean, well-defined edge.
2. Contractor will maintain a four to six (4-6”) inch bare dirt clearance around the circumference of all trees, shrubs, signs, etc., in ground cover and adjacent building structures.
iii. Weed, Pest and Disease Control:
1. Contractor will maintain a weed, pest and disease-free ground cover at all times.
2. Minimal weed growth is acceptable beneath ground cover height with prior approval from Stadium Manager.
3. The use of growth retardants is acceptable with prior approval from Stadium Manager.
iv. Watering:
1. Contractor will schedule water application to produce a deep- rooted ground cover (i.e., short run-times with repeat cycles). c. Shrubs
i. Fertilization:
1. Contractor will fertilize shrubs as required to maintain a lush, green appearance and perpetual growth.
2. Contractor will fertilize shrubs four (4) times per year with a complete fertilizer that provides appropriate nutrients and minerals.
3. Contractor will fertilize all planting beds, including groundcover and other non-shrub plant material, a minimum of one (1) time per year with a •
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complete fertilizer that provides appropriate nutrients and minerals.
4. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Pruning:
1. Contractor will prune shrubs to attain maximum desired effect or purpose while retaining as much of the natural characteristics or branching as possible.
2. Contractor will prune shrubs as required for: safety, removal of broken or diseased branches, general containment or appearance.
3. Contractor will prune shrubs not intended as formal hedges with the intent to emphasize a shrub’s natural shape. Contractor will, initially, “pinch prune” to keep a shrub compact and develop structure. Contractor will, ultimately, annually remove fifty (50%) percent of old stems to the ground to rejuvenate.
a. The Ligustrum, Escallonia, Xylosma, and Japanese Boxwood shrubs (formal hedges) are intended to have straight, crisp edges.
Shearing is an acceptable method of pruning these varieties as directed by Stadium Manager.
4. Contractor will prune at the correct time of year, which is essential to maximize flowering potential.
5. Contractor shall perform regenerative pruning as necessary to restore plant vigor and promote healthy growth. Such pruning shall occur during the appropriate regenerative pruning season(s) for the applicable plant species.
a. Roses, hydrangeas, ornamental grasses, and similar plant material shall be hard pruned one (1) time per year as appropriate for each plant species. Hard pruning shall include removal of accumulated deadwood and reduction of excessive or leggy growth to encourage healthy new growth and maintain long-term plant health and vitality.
iii. Weed, Pest and Disease Control:
1. Contractor will maintain weed-, pest- and disease-free shrub beds at all times. Contractor will apply appropriate chemicals, including pre- and postemergent treatments, as required to control and prevent weed growth at the appropriate times throughout the year.
2. The use of growth retardant is acceptable with prior approval from Stadium Manager.
d. Vines
i. Fertilization:
1. Contractor will fertilize vines as required to maintain a lush, green appearance and perpetual growth. Contractor will fertilize a minimum of one (1) time per year with a complete fertilizer that provides appropriate nutrients and minerals.
2. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Pruning:
1. Contractor will check and re-tie vines and espalier plants as required.
2. Contractor will not use nails to secure vines on masonry walls.
3. Contractor will prune all vines using accepted horticultural practices as indicated in “Sunset Pruning Handbook”.
4. Contractor will prune and maintain vines so as not to obstruct fixtures, signs, windows, etc.
iii. Watering:
1. Contractor will water as necessary to provide optimum growth with applicable allocations.
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e. Color
i. Fertilization:
1. Contractor will fertilize all color a minimum of one (1) time per month with a pre-approved fertilizer that will maintain a lush, colorful appearance and perpetual growth.
2. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Pruning:
1. Contractor will remove dead or faded blossoms, stems and foliage a minimum of one (1) time per month to encourage continued blooming and maintain a neat appearance.
iii. Weed, Pest and Disease Control:
1. Contractor will maintain weed- and pest- free color beds. Contractor will apply appropriate chemicals as required to control and prevent weeds, pests and disease
iv. Watering:
1. Contractor will water as required to promote optimum growth. Contractor will exercise care to prevent eroding of container soil or excess run-off from drainage holes in pots onto the hardscape.
v. Planting:
1. Contractor will provide and plant all annual color as part of this Agreement; Labor costs and material costs to prepare and amend color beds is included. Should be kept up through the entire twelve (12) month year. f. Trees
i. Contractor will not perform any tree work without prior approval and direction from Stadium Manager.
ii. Pruning:
1. Contractor will prune trees regardless of height as required to remove broken, diseased branches or for general containment. It is Contractor’s prime responsibility to conduct a pruning program that Stadium Manager must approve. This pruning program should develop proper tree scaffolding, strength and appearance consistent with intended use.
2. Contractor will cause all pruning to be done by those who are experienced and skilled in pruning techniques. All cuts will be done using proper horticulture practices.
3. Pruning under this specification is limited to that which may be done from the ground.
4. Contractor will prune trees to allow for necessary clearances for pedestrians and vehicle circulation. Minimum canopy clearance of eight (8’) feet; maximum fifteen (15’) feet.
5. When tree pruning within the Stadium grounds requires a lift or special equipment, Contractor shall coordinate the work with Stadium Manager.
Such pruning will occur annually and shall be performed as an additional service cost under the agreement and is not included in the monthly maintenance service.
iii. Pest and Disease Control:
1. Contractor will apply all chemical controls as required to control or prevent pests and disease.
a. If disease is found on trees or other plants, identification of said disease, treatment plan and execution should be included in monthly contract and is not an add service to the agreement. iv. Tree Branching:
1. Contractor will check and correct tree stakes, ties and guys as required.
Contractor will adjust ties to prevent girdling. Contractor will remove unneeded stakes, ties and guys as directed. Contractor will replace lodge •
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poles and twist ties due to inclement weather.
v. Fertilization of Trees:
1. Contractor will fertilize all trees to maintain a lush, green appearance and perpetual growth, as required. Contractor will fertilize with a complete fertilizer that provides appropriate nutrients and mineral. Fertilization of trees may require Contractor to perform deep root feeding or foliage application.
2. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
vi. Surface Root Removal of Trees:
1. Contractor will remove, as required, surface roots up to three (3”) inches in diameter, which become maintenance, appearance or liability problems to prevent damage to adjacent paved areas.
C. IRRIGATION SYSTEM
g. Controllers
i. Contractor will adjust the watering schedule equal to the evapotranspiration rate that each plant is capable of receiving based on topography, soil type, plant material, season or climatic factors. Contractor will notify Stadium Manager of any schedule changes.
ii. Contractor will utilize repeat cycle on controller to eliminate excessive run-off. iii. Contractor will program hours of scheduled operation to minimize disease occurrence of plant material.
iv. Contractor will schedule irrigation operation to reduce possible nuisance from that operation to pedestrians or vehicles.
v. Contractor will obtain approval from Stadium Manager for scheduled operation occurring other than from 9:00 p.m. to 6:00 a.m.
vi. Contractor will perform preventative maintenance on controllers as needed and do a full review every 3 months and develop a report outlining the health of the system controllers.
vii. Controller maps are property of Stadium Manager. Contractor will replace lost or damaged controller maps at Contractor’s expense. Contractor will keep copies of controller maps in enclosures at all times.
viii. Contractor shall create a site map identifying irrigation asset locations and zone coverage areas at no cost to Stadium Manager. Asset locations shall include, but are not limited to, controller(s), valve boxes, shut off valves, etc. ix. Contractor is responsible for maintenance of the interiors of controller enclosures.
No overgrowth of weeds, or pests shall be housed in enclosures. Enclosures should be checked every other week of service at the Stadium if not weekly. x. Contractor will be responsible to notify Stadium Manager, before application, of any additional water requirements to the landscape that is above allocated amount. xi. Contractor is responsible for keeping the plant material alive. If this requires an extra application of irrigation water, Contractor will make the necessary adjustments and immediately notify Stadium Manager upon doing so. xii. Only Stadium Manager and the Contractor Supervisor will have access to all controllers. Contractor Supervisor will ensure enclosures are padlocked at all times and will submit a duplicate key Stadium Manager.
xiii. Contract Supervisor will turn off controllers only for necessary irrigation repairs or inclement weather, as instructed by Stadium Manager.
h. Operation of System
i. Contractor will personally observe all systems during each system’s operation cycle a minimum of once per month on Saturday, Sunday or as arranged with Stadium Manager, to verify effectiveness of sprinkler operation. ii. Contractor will adjust and clean as necessary all sprinkler heads, valves and pressure reducers to continue operation at maximum efficiency and performance. iii. Contractor will keep sprinkler heads in turf areas clear of overgrowth to ensure •
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maximum operation. To prevent “elephant tracks,” Contractor is not allowed to perform chemical spraying or weed-eating around a sprinkler. iv. Contractor will trim plant material and make necessary adjustments to riser heights as growth areas indicate.
v. Contractor will hand-water any pots not provided with an irrigation system to maintain plants and promote optimum growth.
vi. Adjustments Contractor makes to operating pressure will be: 35 psi for spray heads and 45 psi for rotor type heads, to provide optimum efficiency, unless Stadium Manager instructs otherwise.
vii. Contractor will be allowed to hose-water stress spots in turf or color areas that require an extra water application, only with a hose-end restrictor. viii. Contractor will not be allowed to perform manual valve watering at any time, unless directed by Stadium Manager.
ix. Contractor will report irrigation system failure promptly to Stadium Manager. Plant damage or loss resulting from the failure to report irrigation system failure promptly will be considered Contractor negligence and Contractor will repair or replace the affected plant material at Contractor’s expense.
i. Repairs
i. Contractor will make any repair(s) in accordance with Stadium Manager’s current practices and as directed by Stadium Manager. Current practices are:
1. Repairs of system are to be assessed a standard rate and use an allocated repair budget of $300/month. If said budget does not cover repairs on a monthly basis, then a stand-alone rate using agreed upon rates herein must be used and presented to the Stadium Manager for approval.
2. Use of Rainbird 1800 series matched precipitation heads for all replacements, or match existing heads whenever possible (minimum six inch (6”) pop-up height).
3. All heads on triple swing joints.
4. As heads on risers break, they will be replaced with pop-ups if adjacent to traffic areas or walkways.
5. As impact heads break, replace with like rotors.
6. Malfunctions of any nature which are deemed to be the fault of materials or workmanship still covered under original installation guarantee shall be reported immediately to Stadium Manager.
ii. Contractor must submit itemized irrigation invoices for repairs, per property on a monthly basis that include the following information:
1. Date of repair, nature of repair.
2. Site map to illustrate location of repair.
D. ROOFTOP MAINTENANCE
a. Pruning
i. Contractor will remove dead or faded blossoms, stems and foliage a minimum of one (1) time per month to encourage continued blooming and maintain a neat appearance.
b. Weed, Pest, and Disease Control
i. Contractor will maintain weed-, pest, and disease-free shrub beds at all times.
Contractor will apply appropriate chemicals as required to control and prevent. c. Watering
i. Contractor will water as required to promote optimum growth.
E. CUSTODIAL AND CLEAN-UP WORK
j. Debris
i. Contractor will remove all debris resulting from the maintenance operations and dispose of it. Contractor will pick up all grass clippings deposited on roadways or walks after each mowing or trimming operation. Contractor will not allow debris to remain at the end of the work day.
ii. Contractor shall power blow or sweep out all trash enclosures on a weekly basis •
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to ensure they are free from green debris or waste generated by Contractor’s maintenance activities.
iii. Contractor will not blow debris onto public property per city code. iv. Contractor will not dump in on-site dumpsters unless authorized by Stadium Manager.
v. Green waste bins may be located on-site at Contractor’s expense with prior authorization by Stadium Manager.
k. Walkways
i. Contractor will maintain all walkways near hardscape or landscape areas clean of debris. Contractor will pick up trash from hardscape and landscape areas during weekly service.
l. Landscaped Areas
i. Contractor will remove debris, leaves and rubbish in landscaped areas during weekly service.
ii. Contractor will patrol all landscape areas weekly to check for vandalism, broken tree branches, rodents, snails, insects, pests, disease, etc.
III. ADDITIONAL SERVICES
Contractor will perform the following landscape services upon request by Stadium Manager. a. 1-Gal Replacement plant: Installation of one (1) gallon replacement plants, including soil amendment, plant material, and labor, billed per plan upon request by Stadium Manager. b. 5-Gal Replacement plant: Installation of five (5) gallon replacement plants, including soil amendment, plant material, and labor, billed per plan, as requested by Stadium Manager. c. Pro-Chip Bark Mulch (material & labor): Installation of fifty-six (56) cubic yards of pro-chip bark mulch along the Tasman Drive Stadium side, including material delivery, placement, and labor.
Gold Lot 4 & 5 Bioswale (material & labor): Rehabilitation of the bioretention areas in Gold Lots 4 and 5, covering the full 5,928 sq. ft. area. Scope includes removal of sediment and weeds, replenishment of biotreatment soil mix, and installation of a full palette of 1-gallon plants at 48 inches on center, including all materials and labor.
d. Irrigation Labor Rate: Hourly labor rate for any irrigation repair or troubleshooting work performed.
After-Hours Site Visit: Any site visit performed outside Contractor's regular business hours, including irrigation call-outs and repairs, after-hours construction and maintenance projects, and tree care emergencies.
e. Tree Pruning: Annual pruning of thirty-two (32) Elm trees on the Stadium grounds that require an aerial lift or other special equipment to access, every twelve (12) months. Scope includes all labor, equipment (including lift rental), debris removal, and disposal. •
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EXHIBIT B
CONTRACTOR COMPENSATION AND FEES
The Parties mutually agree that as consideration for the Services contained in this Agreement, Stadium Manager shall compensate Contractor upon the completion (and verification of the completion by Stadium Manager) of the Services contained in Exhibit A in accordance with the compensation terms specified below.
Monthly On-Going Services
Invoiced monthly after service is rendered.
Services
Year One
5/1/26 – 4/30/27
Year Two
5/1/27 – 4/30/28
Year Three
5/1/28 – 4/30/29
General Monthly
Landscape Maintenance Included Included Included
Planter And Pot
Maintenance Included Included Included
Tasman Great America
Cleanup Included Included Included
Rooftop Maintenance Included Included Included
Ground-Level Tree
Pruning Included Included Included
Gold Lot 4 & 5 Weed
Abatement Included Included Included
Full Stadium Landscape
Clean Up (Semi-Annual) Included Included Included
Total Monthly Cost $2,643.00 $2,643.00 $2,722.00
Additional Services
Stadium Manager may request Contractor perform the following additional services under this Agreement at the prices set forth below. Such request must be in writing in the form of a Work Order as further detailed below. Stadium Manager shall be invoiced by Contractor upon completion of the requested additional services pursuant to the rates set forth below (as they may be modified by written amendments to this Agreement signed by the Parties). Nothing herein shall be understood or otherwise deemed to guarantee assignment of any additional services to Contractor under this Agreement whether set forth below or otherwise, and nothing herein shall limit Stadium Manager’s right to separately contract for the performance of any additional services by third-party vendors, Contractor, or some combination thereof in Stadium Manager’s sole discretion.
Services
Year One
5/1/26 – 4/30/27
Year Two
5/1/27 – 4/30/28
Year Three
5/1/28 – 4/30/29
1-Gal Replacement
plant (material & labor) $30 / each $30 / each $30 / each 5-Gal Replacement
plant (material & labor) $71 / each $71 / each $71 / each 56 pro-chip bark mulch
(material & labor) $6,750.00 $6,750.00 $6,750.00
Gold Lot 4 & 5 Bioswale
(material & labor) $37,168.00 $37,168.00 $37,168.00
Irrigation Labor Rate $105.00 $105.00 $105.00
After Hours Site Visit
(1.5x Irrigation Rate) $157.50 $157.50 $157.50
Tree Pruning (32 Elms) $13,325.00 $13,325.00 $13,325.00 •
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After-hours site visits would include irrigation call-outs/repairs, after-hour construction and maintenance projects, and tree care emergencies.
Any extra work or additional services (i.e., services not specifically identified in the monthly on-going services identified above and as further detailed in Exhibit A1) shall not proceed without the Stadium Manager's prior written approval. Such approval must be in the form of a Work Order that specifies the scope of work and a breakdown of the agreed-upon price. For both pricing options, the Contract must provide a breakdown of labor, materials, and any equipment costs. All labor shall be billed at the applicable prevailing rates as applicable. Any additional services assigned to Contractor shall be performed in accordance with all requirements under the Agreement including, without limitation, compliance with all applicable Prevailing Wage Laws.
Price Escalation for Optional Contract Years 4 and 5
If the Stadium Manager elects to exercise the option to extend the Agreement for Year 4 and/or Year 5, the Contractor may request an increase to the fees set forth in Exhibit B (Contractor Compensation and Fees) for each one-year period. Any such increase shall be limited to either three percent (3%) over the prior year’s rates or, a percentage increase equal to the Consumer Price Index (CPI) increase for the San Francisco–Oakland–Hayward area, whichever is lower.
1 Any extra work or additional services not specifically identified in Exhibit A may not be performed under this Agreement without a written amendment executed by the Parties. •
Agreement No: xxx
Landscaping Maintenance Agreement Page 31 of 35
EXHIBIT C
INSURANCE REQUIREMENTS
At all times during the term hereof, Contractor shall keep and maintain in full force and effect the following types of insurance coverage and/or bonds:
1. Commercial general liability insurance, including property damage, against liability for personal injury, bodily injury, death and damage to property occurring in or about the property in the amount of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) in the aggregate.
2. Automobile liability in the amount of One Million Dollars ($1,000,000) with respect to owned, hired and non-owned vehicles.
3. Workers compensation insurance, as required by applicable law. Contractor is directed to review and execute the “Contractor’s Certification Regarding Worker’s Compensation” attached hereto as Exhibit F and incorporated herein by this reference prior to Agreement execution.
4. Employer’s liability in the amount of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, by disease, and One Million Dollars ($1,000,000) policy aggregate by disease.
5. Liability insurance covering claims arising out of errors and omissions by vendors rendering professional services, in the amount of One Million Dollars ($1,000,000) each occurrence including contractual liability coverage, with all coverage retroactive to the earlier of the date of agreement or commencement of Contractor’s services.
6. Umbrella or excess liability insurance in the amount of Two Million Dollars ($2,000,000) providing excess coverage over general liability, auto liability, and employer’s liability specified above.
The above stated limits may be achieved by a combination of primary and excess/umbrella coverage. Any deductible or self-insured retention amounts are the sole responsibility of the Contractor. Contractor is responsible for insuring any equipment brought to Stadium. Stadium Manager shall have no liability for such equipment.
All insurance policies and bonds required to be maintained by Contractor shall be issued by insurers or sureties (as the case may be) reasonably satisfactory to client, authorized to do business in the state of California and having an AM Best rating and financial size category of A-/VII or better. All policies of the vendor shall be (i) primary and non-contributing with respect to any policies carried by client; (ii) with respect to liability insurance only, a provision including Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC as Additional Insured; (iii) a waiver by the insurer of any right to subrogate against Stadium Manager (iv) a severability of interest or endorsement; (v) a provision that the insurer will not cancel or change the coverage provided by such without giving the Stadium Manager thirty (30) days' prior written notice; and (vi) general liability be an "occurrence form" policy. Any policy of insurance required to be carried by Contractor that names Stadium Manager as Additional Insured shall not be subject to a deductible or self-insured retention, it being the intent of the parties that such insurance shall fully and completely insure such additional insured entities for all loss or expense; if any such policy has a deductible or self-insured retention clause applicable to these operations, Contractor shall provide evidence that insurance carrier shall pay without regard to such deductible or self-insured retention.
•
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Landscaping Maintenance Agreement Page 32 of 35
EXHIBIT D
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN AGREEMENT WITH
STADIUM MANAGER
Termination of Agreement for Certain Acts.
A. Stadium Manager may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor2 does any of the following:
a. Is convicted3 of operating a business in violation of any Applicable Law; b. Is convicted of a crime punishable as a felony involving dishonesty4; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract;
d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a Stadium Manager contractor or subcontractor; and/or,
e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with Contractor can be imputed to Contractor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of Contractor, with Contractor’s knowledge, approval or acquiescence, Contractor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence. 2 For purposes of this Agreement, the word “Consultant” (whether a person or a legal entity) also refers to “Contractor” and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation. 3 For purposes of this Agreement, the words “convicted” or “conviction” mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years. 4 As used herein, “dishonesty” includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
•
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Landscaping Maintenance Agreement Page 33 of 35
B. Stadium Manager may also terminate this Agreement in the event any one or more of the following occurs:
1. Stadium Manager determines that Contractor no longer has the financial capability5 or business experience6to perform the terms of, or operate under, this Agreement; or
2. If Stadium Manager determines that Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with Stadium Manager, including, but not limited to, Contractor’s failure to maintain a required State-issued license, failure to obtain a Stadium Manager business license (if applicable), or failure to purchase and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the action to the Authority by filing a written request with the Authority Secretary within ten (10) days of the notice given by Stadium Manager to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the Authority Secretary.
Contractor will have the burden of proof on the appeal. Contractor shall have the opportunity to present evidence, both oral and documentary, and argument. 5 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
6 Loss of personnel deemed essential by Stadium Manager for the successful performance of the obligations of Contractor to Stadium Manager.
•
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Landscaping Maintenance Agreement Page 34 of 35
EXHIBIT E
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.7 Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening (or contract execution where no bid occurred) and maintain registration status for the duration of the Agreement.
• Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
7 If the Agreement is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” •
Agreement No: xxx
Landscaping Maintenance Agreement Page 35 of 35
EXHIBIT F
CONTRACTOR’S CERTIFICATION REGARDING WORKER’S COMPENSATION I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Services on this Agreement.
Name of Contractor:
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
•
Date: April 8, 2026
To: Jovan Grogan
Executive Director
Santa Clara Stadium Authority
From: Procurement Department
Forty Niners Stadium Management Company LLC
Subject: Recommendation for Award for James Nicholson Enterprises DBA Dinsmore Landscape Company (Dinsmore)
Recommendation:
1. Approve and authorize the Stadium Manager to execute the Agreement with Dinsmore (Agreement) for landscape maintenance services at Levi’s Stadium for an initial term of three (3) years commencing May 1, 2026, and expiring April 30, 2029, with two (2) optional one-year extensions through April 30, 2031. The total aggregate amount shall not exceed $376,000 over the initial three-year period, and $639,000 over the maximum five (5) year term unless modified pursuant to Recommendation 2 below. The term for each fiscal year is contingent on the Santa Clara Stadium Authority (SCSA) approving the applicable fiscal year's budget, including amounts due under the Agreements.
2. Authorize the Executive Director to approve future amendments to the Agreement to: (a) exercise the first one-year option for the fourth contract year and increase the not-toexceed amount by $129,500 to cover services from May 1, 2029 to April 30, 2030 and update the compensation and fee schedule to incorporate a maximum 3% increase, (b) exercise the second one-year option for the fifth contract year and increase the not-toexceed amount by $133,500 to cover services from May 1, 2030 to April 30, 2031 and update the compensation and fee schedule to incorporate a maximum 3% increase, and (c) increase the not-to-exceed amount by up to an additional $32,000 as contingency for additional unanticipated services, which may be utilized in any contract year, all subject to the same basic terms and conditions and budget appropriations.
3. The total not-to-exceed maximum compensation for the Agreement, inclusive of contingency and all contract years, shall not exceed $671,000.
Background:
Stadium Manager provides management services for Levi’s Stadium on a continual, year-round basis, including overseeing the day-to-day operations and maintenance. Landscaping services are essential to maintain the stadium in the required condition as a world-class venue. These services ensure the facility remains in optimal condition for daily staff activities and events. Landscaping maintenance services are required through a third party to maintain the Stadium.
STADIUM
FORTY NINERS STADIUM MANAGEMENT COMPANY
4900 Marie P. DeBartolo Way I Santa Clara, CA 95054
Stadium Manager recommended and received approval on March 24, 2026 from the SCSA Board to extend the agreement with Gachina Landscaping Management, Inc. to extend the term through March 31, 2027, while Stadium Manager was finalizing the solicitation process for the new landscaping maintenance agreement. During the term of the agreement, Stadium Manager incurred approximately $205,000 through March 2026.
RFP Process:
On October 20, 2025, Stadium Manager issued a Request for Proposals (RFP) to select a qualified firm for landscaping maintenance services at Levi’s Stadium. Stadium Manager published the RFP on Bonfire Interactive, Stadium Manager’s eProcurement portal https://49ers.bonfirehub.com/portal/. In addition to inviting firms from our established supplier list, Stadium Manager also invited suppliers registered on the portal with specific commodity codes that offer such services. On November 6, 2025, Stadium Manager conducted a nonmandatory Pre-Proposal Conference and site visit at the Stadium. Stadium Manager conducted a comprehensive site visit and provided clarifications to questions from proposers. On November 22, 2025, Addendum #1 to the RFP was issued providing answers to questions from proposers.
On November 24, 2025, Addendum #2 to the RFP was issued to provide a minor correction. The RFP closed on December 3, 2025 at 3:00 p.m. (PT).
Seven proposals were received from the following firms on or before the RFP due date and time:
1. Bella Turf and Greens Inc.
2. James Nicholson Enterprises DBA Dinsmore Landscape Company (Dinsmore)
3. EMTS, Inc.
4. Gachina Landscape Management, Inc. (Gachina)
5. Jensen Landscape Services LLC (Jensen)
6. K & D Landscaping, Inc. (K & D)
7. K&K JL Services, Inc. DBA K&K Construction (K&K JL)
Evaluation Process:
An evaluation committee (EC) consisting of subject matter experts from Stadium Manager was formed. An Evaluators’ Guide outlining the roles and responsibilities of the EC was provided to each EC member to review and execute the following forms to ensure that there was no conflict of interest in evaluating the proposals:
• Proposal Evaluator Guidelines
• Confidentiality Agreement
• Conflict of Interest Disclosure Form
The EC evaluated the proposals utilizing the evaluation criteria as outlined in the RFP. All seven firms met the basic requirements of the RFP submissions.
Consensus scores were utilized to compute an “average score,” summarized below:
4900 Marie P. DeBartolo Way I Santa Clara, CA 95054
Evaluation Criteria Bella Turf and Green Dinsmore EMTS
Proposal Responsiveness Pass Pass Pass
Qualifications, Experience
And References (30) 23 28 28
Technical Capability (40) 33.25 37 36
Cost (30) 3.21 30 18.25
Total 59.46 95 82.25
Evaluation Criteria Gachina Jensen K & D K&K JL
Proposal Responsiveness Pass Pass Pass Pass
Qualifications, Experience
And References (30) 28.75 21 29 29.25
Technical Capability (40) 37 20 38 40
Cost (30) 27.10 27.1 14.17 12.23
Total 90.74 68.10 81.17 81.48
Stadium Manager conducted business clarifications with several proposers prior to finalizing evaluation scoring. Stadium Manager additionally held cost clarifications with vendors to confirm cost proposals. Stadium Manager was able to negotiate pricing and optional year extension increases. Dinsmore was determined to be the highest ranking proposer offering the best value.
Notice of Intended Award:
A Notice of Intended Award (NOIA) was issued on April 2, 2026, announcing Stadium Manager’s recommended Dinsmore. The RFP process includes a ten-day protest period, which commenced with the issuance of the NOIA. This recommendation is submitted concurrently to facilitate the lead time required to submit our recommendation to the Santa Clara Stadium Authority (SCSA). In the event of a protest, the recommendation will be withdrawn, and the protest addressed.
Submission of Post-Award Submittals:
Once Stadium Manager receives approval from the SCSA Board, the agreement will be executed by both parties, and a copy will be forwarded to the Board. Supporting documentation has been provided for review and approval.
Fiscal Impact:
The cost for landscape maintenance services is covered in the FY26/27 SCSA Budget, Engineering Department budget, as a shared expense. Stadium Authority is responsible for 50% of the Shared Expenses portion of this Agreement.
The optional Year 4 and 5 contract years each include up to a 3% annual increase in the compensation and fee schedule. The six-month as-needed extension includes a 5% increase over the Year 5 monthly services. All increases are subject to the Stadium Authority budget appropriations.
4900 Marie P. DeBartolo Way I Santa Clara, CA 95054
A contingency of up to $32,000, equal to 5% of the total five-year Agreement, is requested to cover additional landscape maintenance services at the Stadium as needed. Use of contingency funds is subject to Executive Director approval and appropriation of funds.
The total not-to-exceed maximum compensation, inclusive of all contract years, contingency, and the six-month extension period, is $671,000.
The chart below summarizes the projected costs over the five-year term of the Agreement, assuming a 3% rate increase for Years 4 and 5 and a 5% rate increase for the six-month extension period.
Description Combine NTE
Initial Three-Year Term (5/1/26-4/30/29) $376,000
Optional Year 4 (5/1/29-4/30/30) $129,500
Optional Year 5 (5/1/30-4/30/31) $133,500
Contingency $32,000
Total Not-to-Exceed Maximum Compensation $671,000
4900 Marie P. DeBartolo Way I Santa Clara, CA 95054
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-603 Agenda Date: 6/9/2026
REPORT TO COUNCIL
SUBJECT
Public Hearing: Action on a Resolution Setting Rates for Overall Solid Waste Service and Annual Clean-up Campaign in the Exclusive Franchise Area Including Increases in Rates and other Adjustments
(Continued from May 19, 2026)
EXECUTIVE SUMMARY
The City has agreements with outside contractors for the collection and processing of garbage and recyclables. In 2021, Council approved a Solid Waste Rate Study performed by R3 Consulting, Inc. (R3) that developed a model to calculate equitable solid waste rates based on current contractor costs, subscription levels, and disposal data. The model has been updated with the latest cost data to calculate solid waste rates for FY 2026/27, which will enable the program to achieve cost recovery.
The monthly solid waste rates for FY 2026/27 are contained in Table A of the Resolution (Attachment 1).
Notices (Attachment 2) were sent to all solid waste rate payers on April 3, 2026, informing them of the proposed rate increases and the date of the Public Hearing to approve the rates, as required by Article XIII D § 6 of the California Constitution. Following the close of the Public Hearing, staff recommends that the City Council adopt the subject Resolution, which establishes the solid waste rates effective for the utility bills issued for services rendered on and after July 1, 2026.
BACKGROUND
In November 1996, California voters approved Proposition 218, which amended the state Constitution and imposed new substantive and procedural requirements for imposing or increasing property-related fees and charges. Under these requirements, water, sewer, and solid waste service fees or charges may only be increased if a majority of rate payers do not protest the increase. The City must mail a written notice of the proposed increases and hold a public hearing on the proposed increase not less than 45 days after mailing the notice. At the public hearing, all protests against the proposed fees or charges are tabulated and if the number of protests from rate payers equals or exceeds 50 percent plus one, the fees or charges cannot be imposed. The public hearing for the City’s FY 2026/27 solid waste rates was opened on May 19, 2026 and continued to June 9, 2026. If there is not a majority protest, the Council can adopt the proposed monthly rate increases contained in Table A of the Resolution (Attachment 1).
The City sets rates and collects bundled charges from customers to fund the solid waste program in the exclusive franchise area. Customers are only charged for the specific components for which they receive service. The current rates are based on the parameters established in the 2025 Solid Waste Rate Study conducted by R3. The bundled solid waste rate is comprised of one or more of the following components:
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· Garbage
· Yard trimmings
· Residential recycling
· Annual Clean-up Campaign (CUC)
In 2019, City Council authorized the City Manager to negotiate and execute the following agreements:
· Recology South Bay (Recology) for residential recycling collection · Mission Trail Waste Systems (MTWS) for garbage and yard trimmings collection · GreenWaste Recovery, Inc. (GWR) for mixed waste processing and residue disposal beginning January 1, 2025
In 2024, the Department of Public Works (DPW) conducted formal procurements to secure disposal and yard trimmings composting services to succeed the 35-year agreement with Republic/BFI which expired December 31, 2024. City Council approved an agreement with GWR to utilize the Zanker Material Processing Facility to compost yard trimmings and to process and dispose of CUC and municipal operations debris.
The term for each agreement is aligned to expire on June 30, 2036. The services provided under these agreements enable the City to comply with the organic waste collection program and diversion requirements for the purpose of reducing greenhouse gas emissions from landfills mandated by Senate Bill 1383 (SB 1383).
R3 has updated the cost factors in the latest rate model with FY 2026/27 projected costs to ensure that rates continue to be based on the true costs of service and are equitable. Each rate for garbage, yard trimmings, residential recycling, and CUC service was developed to equitably incorporate the following cost elements:
· Compensation paid to service providers to collect and transport solid waste · Compensation paid to process, compost, and/or dispose of solid waste · City program costs (billing and internal costs, street sweeping, household hazardous waste, leaf vacuum, and holiday tree collection services, franchise fees, landfill post closure costs, and SB 1383 compliance costs)
The subsequent discussion summarizes upcoming changes to the various cost elements and associated impacts on the proposed FY 2026/27 rates.
DISCUSSION
Primary Reasons for Rate Increases
There are two main reasons for rate increases in FY 2026/27. The primary reason is that additional revenue is needed to cover the FY 2026/27 compensation adjustments paid to service providers for the collection, processing, recycling, composting, and disposal of solid waste in compliance with state laws and current market conditions, as required per the agreements.
Each agreement specifies annual cost-of-living adjustments (COLA) based on annual changes to price indices. The COLA in the agreement with GWR is based on the annual change to the Bay Area Consumer Price Index (CPI). The COLA in the agreements with Recology and MTWS is based on City of Santa Clara Page 2 of 8 Printed on 6/5/2026
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the annual change to the Water-Sewer-Trash Index (WST). Both indices are published by the Bureau of Labor Statistics (BLS).
Below are summaries of the compensation adjustment percentages effective July 1, 2026, based on the agreements previously approved by Council.
· GWR: +3.04% COLA
· Recology: +5.09% (4.70% COLA + 0.39% route growth)
· MTWS: +4.70% COLA
The agreement with Recology also contains a provision for route growth in which the percentage change in the number of container lifts over the calendar year is added to the COLA to determine the total compensation adjustment. The number of container lifts increased by 0.39 percent in 2025. The route growth provision of the compensation adjustment does not impact customer rates because the number of rate-paying customers also increases.
The secondary reason for rate increases is higher City Program costs, which include the Solid Waste Program portions of the City’s Cost Allocation Plan (CAP) and Technical Services (Information Technology Department costs). In the FY 2026/27 Proposed Budget, the CAP costs are increasing 2% (approximately $31,000) from the FY 2025/26 Adopted Budget. The FY 2025/26 solid waste rates were developed using an initial estimate from the prior year budget for the CAP costs rather than the actual amount prepared by the City’s CAP consultant given the timing of the CAP study. As a result, the Cost Allocation Plan increased by approximately $100,000 from the FY 2025/26 initial estimates to FY 2026/27 Proposed Budget. Similarly, the Technical Services costs increased by approximately $290,000 from FY 2025/26 initial estimates to FY 2026/27 due to increased Information Technology (IT) expenses associated with increased Unisys contract costs and upgrades to improve the accessibility of the City’s website. These trends were experienced among all of the City’s enterprise funds.
Operations and Maintenance Reserve
The Solid Waste Fund maintains an Operations and Maintenance Reserve for capital costs and onetime large expenditures. The City will be utilizing $400,000 of the Operations and Maintenance Reserve to fund the Emergency Backup and Collection System Enhancements for Closed Landfill project in FY 2026/27.
The target reserve balance is 25% of the annual expenditures, which is approximately $11.3 million in FY 2026/27. The preliminary estimate for this reserve is $7.3 million for FY 2026/27, which is approximately 16.2% of annual expenditures.
Rate Stabilization Reserve
The Solid Waste Fund maintains a Rate Stabilization Reserve to enable the smoothing of rate changes. An amount of $483,000 from the Rate Stabilization Reserve will be programmed into the FY 2026/27 Solid Waste Fund’s operating budget to cover vehicle amortization for street sweeper replacement ($415,000) and increased payments to MTWS and Recology ($68,000) as a result of the BLS March 2026 update to the WST Index.
Vehicle amortization for street sweeper replacement increased from $134,000 in initial FY 2025/26 estimates to $415,000 in FY 2026/27, reflecting the shift to planning for the potential of future electric City of Santa Clara Page 3 of 8 Printed on 6/5/2026
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powered sweepers, which are substantially more expensive than fuel-powered sweepers. The City will be using the Rate Stabilization Reserve to cover this cost.
In March 2026, the City was informed that the BLS revised its previously reported 2025 WST index values, which caused the year-over-year change to the WST index to shift from +4.5% to +4.7%.
DPW staff had already calculated proposed FY 2026/27 solid waste rates based on the initially reported +4.5% annual increase and finalized the proof of the Prop 218 notice. The FY 2026/27 solid waste rates proposed in Table A of the Resolution (Attachment 1) are based on a +4.5% WST increase. DPW staff estimates the proposed rates could fall short of funding collection services by approximately $68,000 in FY 2026/27 as a result.
The target Rate Stabilization Reserve balance is 10% of annual expenditures, which is approximately $4.5 million in FY 2026/27. The preliminary estimate for this reserve is $2.9 million for FY 2026/27 which is about 6.4% of annual expenditures.
Monthly Bundled Solid Waste Rates
The individual garbage, yard trimmings, recycling and CUC components are bundled together to create the overall solid waste rates that are charged to residential cart customers monthly. The rates for each service are based on the cost to provide collection, disposal, processing and/or composting, and City program costs. The table below summarizes the monthly individual rate component increases for residential cart customers:
Service Type FY 2025/26
Monthly Rate
FY 2026/27 Monthly
Rate
Change in Monthly
Rate
20-gallon garbage cart $20.90 $21.60 $0.70
32-gallon garbage cart $28.92 $29.86 $0.94
64-gallon garbage cart $53.75 $55.48 $1.73
96-gallon garbage cart $78.46 $80.95 $2.49
Yard trimmings $16.37 $17.09 $0.72
Recycling $8.39 $8.65 $0.26
CUC $6.62 $6.94 $0.32
Each customer pays a rate that is dependent on cart size subscription and whether they pay for yard trimmings or CUC services. Below is a summary of FY 2026/27 bundled monthly rates for singlefamily residential and townhouse cart customers. Townhouse residential cart customer rates are the FY 2026/27 bundled monthly rate for garbage cart size less the $17.09 yard trimmings rate since they do not receive this service. Monthly rates for cart customers that do not participate in the CUC are $6.94 less than the bundled rates shown in the table.
Garbage Cart Size Monthly
Garbage Rate
Monthly Yard
Trimmings
Rate*
Monthly
Recycling
Rate
Monthly
CUC Rate*
FY 26/27
Bundled
Monthly
Rate
20-gallon singlefamily$21.60 $17.09 $8.65 $6.94 $54.28 20-gallon townhouse $21.60 $0.00 $8.65 $6.94 $37.19
32-gallon singlefamily$29.86 $17.09 $8.65 $6.94 $62.54 32-gallon townhouse $29.86 $0.00 $8.65 $6.94 $45.45
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Garbage RateTrimmings
Rate*
Recycling
Rate
CUC Rate*Bundled
Monthly
Rate
20-gallon singlefamily$21.60 $17.09 $8.65 $6.94 $54.28 20-gallon townhouse $21.60 $0.00 $8.65 $6.94 $37.19
32-gallon singlefamily$29.86 $17.09 $8.65 $6.94 $62.54 32-gallon townhouse $29.86 $0.00 $8.65 $6.94 $45.45
64-gallon singlefamily$55.48 $17.09 $8.65 $6.94 $88.16 64-gallon townhouse $55.48 $0.00 $8.65 $6.94 $71.07
96-gallon singlefamily$80.95 $17.09 $8.65 $6.94 $113.63 96-gallon townhouse $80.95 $0.00 $8.65 $6.94 $96.54
*Applied only if the resident receives the service.
The table below shows the increase in each residential cart bundled rate.
Garbage Cart Size FY 25/26
Monthly
Bundled Rate
FY 26/27
Monthly
Bundled Rate
Change in
Monthly Rate
Percentage
Change
20-gallon single-family $52.28 $54.28 $2.00 3.8%
20-gallon townhouse $35.91 $37.19 $1.28 3.6%
32-gallon single-family $60.30 $62.54 $2.24 3.7%
32-gallon townhouse $43.93 $45.45 $1.52 3.5%
64-gallon single-family $85.13 $88.16 $3.03 3.6%
64-gallon townhouse $68.76 $71.07 $2.31 3.4%
96-gallon single-family $109.84 $113.63 $3.79 3.5%
96-gallon townhouse $93.47 $96.54 $3.07 3.3%
Monthly Garbage Bin Rates
Garbage bin rates include the costs for collection, processing, disposal, and City program costs.
Loose garbage bin charges will be increasing between 5.3 percent to 5.7 percent and compacted garbage bin charges will be increasing between 5.2 percent to 5.5 percent in FY 2026/27, depending on service level. The loose garbage bin and compacted garbage bin rates are shown in Section II.D and Section II.E of Attachment 1.
Monthly Services Billed by MTWS
The City sets the rates and bills for residential and commercial cart and bin garbage service. MTWS bills customers directly for commercial business recycling, voluntary commercial organics collection, and the loose and compacted roll-off debris bin collection services that it provides as prescribed in the agreement. The City needs to notice the rate increases in accordance with Proposition 218 requirements and approve the rates at a Public Hearing for increases to take effect. MTWS’s compensation will increase 4.7% in FY 2026/27. If the proposed rate increases for services that are billed by MTWS are not approved by the City Council, the City is contractually obligated to pay MTWS the increased compensation and will have to absorb the additional 4.7% shortfall between cost of service and revenue collected.
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26-603 Agenda Date: 6/9/2026
Commercial Recycling
MTWS is required to provide up to 96-gallons of commercial recycling services to businesses at no separate charge to the City under the agreement. The rates for additional service above 96-gallons per week are based on container size and frequency of service, plus a 10 percent markup for billing and franchise fees. Commercial recycling service rates charged to cart and bin customers will increase by 4.5 percent in FY 2026/27 (Sections II.B and II.F of Attachment 1).
MTWS remits 5 percent of the amount collected from customers to the City as franchise fees that are deposited in the General Fund for all services that it provides billing for, which includes the services described below.
Voluntary Food Scraps and Organic Waste Service
MTWS provides voluntary source separated food scraps and organic waste service to commercial business customers under the agreement. The rates for collection and processing are based on container size and frequency of service, plus a 10 percent markup for billing and franchise fees.
Collection and processing rates charged to customers with cart and bin source separated food scrap and organic waste service will be increasing by 4.5 percent in FY 2026/27 (Section II.C and Section II.G of Attachment 1).
Loose and Compacted Roll-Off Debris Bin Service
MTWS provides scheduling, collection, and billing for loose and compacted roll-off debris box service in the exclusive franchise area. The collection rate component is based on container size and frequency of service, plus a 10 percent markup for billing and franchise fees. Rates for these services will increase by 4.5 percent in FY 2026/27. Customers are also billed for the actual charges incurred for the disposal, processing, and/or recycling of collected contents plus 10 percent markup for billing and franchise fees. Section II.H of Attachment 1 contains rates for these services.
Countywide Rate Comparison
The Santa Clara County Residential Cart Rate Comparison (Attachment 3) provides a comparison of monthly solid waste rates for residential collection services in Santa Clara County (County). Most jurisdictions have indicated they will also be seeking rate increases in FY 2026/27 but were unable to share that information at this time. As a result, the comparison is based on comparing Santa Clara’s proposed FY 2026/27 monthly rates to the current FY 2025/26 monthly rates in other jurisdictions . The survey is for bundled solid waste services that include garbage, yard trimmings, and recycling services.
Santa Clara is the only city in the county that offers a townhouse service rate in which customers do not subscribe to yard trimmings service. The townhouse rates are lower than countywide averages for the same size container across the board. It should also be noted that the City’s rates that are presented for comparison do not include the proposed $6.94 per month charge for the CUC because no other jurisdiction in the County has a comparable program. The table below summarizes the City’s single-family and townhouse rates compared to the countywide averages. 20-gallon 32-gallon 64-gallon 96-gallon
Monthly FY
2025/26
countywide
average
$42.56 $50.99 $88.98 $131.21
Monthly FY
2026/27 Santa
Clara singlefamily rate*
$47.34 $55.60 $81.22 $106.69
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26-603 Agenda Date: 6/9/2026 20-gallon 32-gallon 64-gallon 96-gallon Monthly FY
2025/26
countywide
average
$42.56 $50.99 $88.98 $131.21
Monthly FY
2026/27 Santa
Clara singlefamily rate*
$47.34 $55.60 $81.22 $106.69
Monthly FY
2026/27 Santa
Clara townhouse
rate* **
$30.25 $38.51 $64.13 $89.60
*Excludes CSC Clean-up Campaign Cost
**No other city offers reduced townhouse rates
The Santa Clara County Commercial Bin Rate Comparison (Attachment 4) provides a comparison of monthly solid waste rates for commercial bin collection services in the County. Most jurisdictions in the County have indicated that rate increases will be occurring in FY 2026/27 but were not able to share details, so the City’s proposed FY 2026/27 rates are compared to other jurisdictions’ FY 2025/26 rates. The City’s commercial bin rates are close to the countywide average. Santa Clara multi-family and commercial business customers that subscribe to frontload bin garbage service are not required to subscribe to an additional organics container to meet SB 1383 requirements because the contents of the garbage bins will be taken to the GWR mixed waste processing facility to recover the organics for composting. This is not the case for some other jurisdictions. The cost savings of not subscribing to an additional container for organics is not captured in the countywide comparison, which only shows the cost to subscribe to a specific garbage service level.
Rate Assistance Program
Under the current agreement, MTWS provides the City with a $3 per month decrease in tariff for residential accounts that qualify through the Silicon Valley Power (SVP) low income Rate Assistance Program. On March 10, 2021, the City Council approved to increase the rate discount to $10 per month. There are currently 1,228 customers enrolled in the Rate Assistance Program. MTWS will continue to fund $3 per month. A transfer from the General Fund in the amount of $102,564 is included in the FY 2026/27 operating budget to fund the additional $7 per month rate discount for customers receiving the rate discount.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (“CEQA”) and it has been determined that the activity does not constitute a “project” pursuant to CEQA Guidelines section 15378(a) because it will not result in a physical change in the environment.
Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA Guidelines. Thus, no environmental review is required.
FISCAL IMPACT
With the proposed rate increases, the solid waste customer charges will generate approximately $43.9 million of revenue in FY 2026/27. These revenues have been incorporated into the Solid Waste Fund operating budget in the Proposed FY 2026/27 Biennial Operating Budget. A transfer from the City of Santa Clara Page 7 of 8 Printed on 6/5/2026
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26-603 Agenda Date: 6/9/2026
General Fund to the Solid Waste Fund in the amount of $102,564 has also been programmed to fund the additional $7 per month for qualifying customers in the Rate Assistance Program for FY 2026/27.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
On March 27, 2026, notices were mailed to 35,984 solid waste customers, which provided information on the proposed FY 2026/27 rate increases, instructions on how to protest the rate increases, and details on how to access the public hearing.
Additionally, public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Conduct a public hearing, tabulate protest votes, and if less than a majority protest is tabulated, adopt a Resolution setting the overall rates to be charged to rate payers for the collection and disposal of garbage, refuse, yard trimmings, recycling, and annual Clean-up Campaign in the exclusive franchise area, including increases in rates and other adjustments effective for the utility bills issued for services rendered on and after July 1, 2026.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Resolution
2. Notice
3. Santa Clara County Residential Cart Rate Comparison
4. Santa Clara County Commercial Bin Rate Comparison
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Resolution/Solid Waste Rates Page 1 of 15
Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
SETTING RATES FOR OVERALL SOLID WASTE SERVICES
AND CLEANUP CAMPAIGN SERVICES IN THE EXCLUSIVE
FRANCHISE AREA
WHEREAS, the City Council of the City of Santa Clara (“City”) has provided, by contract or with its own forces, certain garbage collection and disposal services, yard trimming and recycling collection, and the Cleanup Campaign (“Solid Waste Services”) within the corporate limits of the City of Santa Clara;
WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and GreenWaste Recovery, Inc.” (“Solid Waste Processing Agreement”), dated April 27, 2020, to process solid waste from the exclusive franchise area to recover recyclables and organic waste for a term commencing July 1, 2020, and terminating on June 30, 2036;
WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and Mission Trail Waste Systems, Inc.” (“Refuse Franchise Agreement”), April 27, 2020, to collect and transport solid waste from customers in the exclusive franchise area, excluding residential recyclables for a term commencing July 1, 2020, and terminating on June 30, 2036;
WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California, and Recology South Bay DBA Recology Santa Clara” (“Residential Recycling Services Agreement”), February 5, 2020, for residential recycling collection services for a term commencing July 1, 2020, and terminating on June 30, 2036; WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and GreenWaste Recovery, Inc.” (“Disposal Agreement”), dated December 16, 2024, to process and dispose of solid waste collected through the City’s Cleanup Campaign and municipal operations for a term commencing January 1, 2025, and terminating Resolution/Solid Waste Rates Page 2 of 15
Rev: 7/27/2023
on June 30, 2036;
WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and GreenWaste Recovery, Inc.” (“Composting Agreement”), dated December 16, 2024, to compost yard trimmings for a term commencing January 1, 2025, and terminating on June 30, 2036;
WHEREAS, the overall adjustments to the monthly rates charged to customers for Solid Waste Services made by this Resolution do not in any way modify the rates of compensation which Mission Trail Waste Systems, Inc., GreenWaste Recovery, Inc., and Recology Santa Clara are entitled to under the Refuse Franchise and Residential Recycling Services Agreements; WHEREAS, a Solid Waste Rate Study was finalized on February 10, 2026 which analyzed the costs of service that comprise each monthly rate are equitably distributed; WHEREAS, on April 3, 2026, the City timely mailed notices of a public hearing to property owners and rate payers of Solid Waste Services that detailed proposed rate adjustments in accordance with Article XIIID §6 of the California Constitution (Proposition 218); and, WHEREAS, on May 19, 2026, the City held a public hearing on the proposed adjustments to fees for Solid Waste Services, and there was no majority protest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. In accordance with Article XIIID § 6 of the California Constitution and as set forth in the accompanying staff report, incorporated herein by reference:
A. The revenues derived from the Solid Waste Services rates, as stated in Table A, attached hereto and incorporated herein, do not exceed the funds required to provide solid waste programs.
B. The revenues derived from the Solid Waste Services rates will not be used for any purpose other than solid waste programs.
C. The Solid Waste Services rates charged will not exceed the cost of solid waste programs per parcel.
Resolution/Solid Waste Rates Page 3 of 15
Rev: 7/27/2023
D. The Solid Waste Services rates are only charged for solid waste programs that are currently available.
E. The Solid Waste Services rates are not charged for general governmental services.
2. Notice of the proposed Solid Waste Services rates was mailed on April 3, 2026, more than 45 days prior to the public hearing on this matter, in compliance with Proposition 218.
3. A public hearing was conducted on May 19, 2026, regarding the proposed rates to be charged and all protests and other comments were considered.
4. The number of written protests by owners of parcels within the City against the increased rates were tabulated by City staff at the hearing and did not constitute a majority protest.
5. That following the public hearing, the City Council approves and adopts the rates for collection and disposal of garbage, yard trimming and recycling collection, and the Cleanup Campaign, as set forth in Table A, incorporated here by reference.
6. That any and all amounts by which the fees set forth in Table A exceed monies paid to contractors that provide Solid Waste Services in accordance with their respective agreements, shall solely belong to City and shall constitute cost recovery for Solid Waste Services rendered by City.
7. That a true and correct copy of this Resolution shall be kept on file in the Office of the City Clerk and in the Municipal Services Division of the City Finance Department at all times in which the rates are operable or until replaced with any future adjusted monthly charges by the City Council and shall be open to public inspection during the regular hours of such offices.
8. That the adjusted monthly charges for Solid Waste Services described herein are ordered to be effective for utility bills issued for services rendered on and after July 1, 2026 and thereafter.
///
Resolution/Solid Waste Rates Page 4 of 15
Rev: 7/27/2023
9. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2026, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Table A – City of Santa Clara Rates for Collection and Disposal of Garbage, Yard Trimming and Recycling Collection, and the Annual Cleanup Campaign for Utility Bills Issued for Services Rendered on and After July 1, 2026 Resolution/Solid Waste Rates Page 5 of 15
Rev: 7/27/2023
TABLE A
CITY OF SANTA CLARA
RATES FOR COLLECTION AND DISPOSAL OF GARBAGE,
YARD TRIMMING AND RECYCLING COLLECTION, AND THE ANNUAL CLEANUP
CAMPAIGN,
(Effective for utility bills issued for services rendered on and after July 1, 2026) I. RESIDENTIAL USERS:
A. All Occupancy Classes (separate line billing)
1. Cleanup Campaign $6.94/month1
2. Extra Bag Tag Pre-Paid Sticker Program for extra garbage bag setouts $8.31/bag tag
B. Single Occupancy (includes Complexes of 4 or Less Units)2 & 3
1. Regular service, (includes Yard Trimming Collection Service, and Recycling Services)
single collection weekly:
a. One (1) thirty-two-gallon capacity garbage can
or Small Cart $55.60/month
b. One (1) twenty-gallon capacity super saver can
or Super Saver Cart $47.34/month
c. Two (2) thirty-two-gallon capacity garbage cans
or Medium Cart $81.22/month
d. Three (3) thirty-two-gallon capacity garbage cans
or Large Cart $106.69/month
e. Additional thirty-two (32) gallon container $29.54/month
1 Exemption with no charge to residence with limited space based on determination by Deputy Director of Public Works.
2 Last two weeks of each year, encompassing the Christmas holiday and the week following, single occupancy customers may set out up to four (4) extra thirty-two (32) gallon garbage bags total (two per week) at no extra charge.
3 Low income rate discount of $10.00 per month for single-family and townhouse customers that qualify for Silicon Valley Power’s Rate Assistance Program.
Resolution/Solid Waste Rates Page 6 of 15
Rev: 7/27/2023
C. Residential Apartment Complexes of 5 or more units where Yard Trimming Collection Services Provided:
Regular service, single collection weekly:
1. First dwelling unit (includes Yard Trimming and Recycling Collection Services):
a. One (1) thirty-two-gallon capacity garbage can
or Small Cart $55.60/month
b. One (1) twenty-gallon capacity Super Saver
Cart. Only for duplexes with individual billing $47.34/month and where carts are set out at each residence.
c. Two (2) thirty-two-gallon capacity garbage cans $81.22/month or Medium Cart
d. Three (3) thirty-two-gallon capacity garbage cans $106.69/month or Large Cart
2. Each additional dwelling unit exceeding one (1) unit (includes recycling charge, but not Yard Trimming Collection $38.51/month Service charge)
3. For each additional thirty-two-gallon capacity container $29.54/month
4. Recycling Service: (first unit includes recycling charge automatically) $8.65/month/
All residential dwellings are required to have recycling unit/once services. The monthly charge is unbundled for additional weekly lift units after the first unit.
5. Each additional weekly lift of recycling container. $8.65/month/ unit
D. Townhouses – garbage and recycling provided (recycling not bundled into rate, but billed as a separate line item on utility bill); no Yard Trimming Collection Services:
1. Regular service, single collection weekly:
a. One (1) thirty-two-gallon capacity garbage can
or Small Cart $29.86/month
b. One (1) twenty-gallon capacity super saver
garbage can or Super Saver Cart only where can
setout and billed individually at each residence $21.60/month Resolution/Solid Waste Rates Page 7 of 15
Rev: 7/27/2023
c. Two (2) thirty-two-gallon capacity garbage cans $55.48/month or Medium Cart
d. Three (3) thirty-two-gallon capacity garbage cans $80.95/month or Large Cart
e. Additional thirty-two (32) gallon capacity $29.54/month container
2. Recycling Service, single collection weekly, additional charge $8.65/month/ per participating dwelling unit unit/once
weekly lift
E. Yard Trimming Collection Service $17.09/month/
unit
Resolution/Solid Waste Rates Page 8 of 15
Rev: 7/27/2023
II. COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS; AND RESIDENTIAL APARTMENT COMPLEXES OF 5 OR MORE UNITS 4(WHERE DWELLING UNITS
NOT SERVED SEPARATELY)
A. Regular Garbage Cart Service: Variable
CONTAINER
SIZE
ONE TO SIX COLLECTIONS PER WEEK4
(CAPACITY)
ONE TWO THREE FOUR FIVE SIX
One 32-gallon capacity
can, or Small Cart
$30.32 $60.62 $90.94 $121.23 $151.60 $181.88
Two 32-gallon capacity
cans, or Medium Cart $56.36 $112.64 $169.06 $225.43 $281.73 $338.06 Three 32-gallon capacity
cans, or Large Cart
$82.39 $164.75 $247.16 $329.51 $411.87 $494.26
Each additional
32-gallon capacity
container
$30.02 $60.05 $90.05 $120.09 $150.16 $180.14
Rates do not include Recycling or Clean Green collection services Notwithstanding the above, in no event will the minimum charge for service for commercial and institutional establishments be less than $30.32.
4 For residential apartment complexes of 5 or more units add $8.65 per unit per month for recycling charges.
Complexes requiring more than one lift per week will be assessed an additional $8.65 per unit for each additional lift required beyond once a week.
Resolution/Solid Waste Rates Page 9 of 15
Rev: 7/27/2023
B. Regular Recycling Cart Service – Commercial and Institutional Only: Variable Contractor bills customers for commercial recycling services directly, not the City. Per Exhibit A, Section 3.C.v. of Agreement, if a commercial customer requires more than 96 gallons of recycling service per week, Contractor shall charge customer up to a maximum of the corresponding tariff level for the specific container and service level, plus ten percent (10%) for billing and franchise fees. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees. Rates below include the ten percent (10%) for billing and franchise fees.
CONTAINER
SIZE ONE TO SIX COLLECTIONS PER WEEK
(CAPACITY) ONE TWO THREE FOUR FIVE SIX
First 96-gallon container $0 $96.79 $145.17 $193.50 $241.90 $290.29 Each additional 96-gallon
container $48.39 $96.79 $145.17 $193.50 $241.90 $290.29 C. Source Separated Food Scrap and Organic Waste Service
CONTAINER
SIZE (CAPACITY)
FOOD SCRAP RECYCLING
COLLECTIONS PER WEEK
ONE TWO THREE FOUR FIVE
First 64-gallon container (collection rate) $32.43 $64.73 $97.16 $129.60 $161.91 Each additional 64-gallon container (collection rate) $32.03 $64.01 $96.01 $128.02 $160.11 Processing cost per container $9.14 $17.96 $26.78 $35.60 $44.42 Contractor bills customers for food scrap recycling services (collection and processing) directly.
Collection rates above include ten percent (10%) for billing and franchise fees. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its nonexclusive franchise fees. Contractor shall invoice City on a monthly basis for processing costs.
Processing cost per container include ten percent (10%) for billing and franchise fees.
Resolution/Solid Waste Rates Page 10 of 15
Rev: 7/27/2023
D. Front Load Bin Garbage Service (loose – not compacted): Variable, for commercial, institutional, and residential apartment complexes of 5 or more units; monthly charge (for weekly collections) with container furnished by Contractor.
BIN SIZE
(Cubic Yards)
ONE TO SIX COLLECTIONS PER WEEK5
ONE TWO THREE FOUR FIVE SIX
1 $194.10 $385.00 $572.79 $757.43 $942.08 $1,123.53
1½ $268.16 $534.40 $791.73 $1,043.43 $1,297.11 $1,545.34 2 $342.17 $678.15 $1,014.08 $1,337.79 $1,660.82 $1,990.53 3 $491.83 $970.47 $1,437.16 $1,891.71 $2,352.85 $2,810.27 4 $637.46 $1,262.00 $1,875.84 $2,466.10 $3,064.76 $3,624.45 6 $909.70 $1,806.82 $2,663.09 $3,519.34 $4,375.57 $5,233.04 8 $1,176.39 $2,347.91 $3,542.37 $4,572.46 $5,686.41 $6,839.19 _____________________
5 For residential apartment complexes of 5 or more units add $8.65 per unit per month for recycling charges.
Complexes requiring more than one lift per week will be assessed an additional $8.65 per unit for each additional lift required beyond once a week.
Resolution/Solid Waste Rates Page 11 of 15
Rev: 7/27/2023
E. Front Load Bin Garbage Service (Compacted): Variable, for commercial, institutional, and residential apartment complexes of 5 or more units; monthly charge (for weekly collections) with container furnished by Contractor.
BIN SIZE
(Cubic Yards)
ONE TO SIX COLLECTIONS PER WEEK6
ONE TWO THREE FOUR FIVE SIX
1 $299.30 $595.42 $888.39 $1,178.25 $1,468.10 $1,754.77 1½ $425.98 $850.00 $1,265.15 $1,674.67 $2,086.15 $2,492.18 2 $552.59 $1,098.97 $1,645.32 $2,179.43 $2,712.88 $3,252.99 3 $807.43 $1,601.71 $2,384.00 $3,154.17 $3,930.91 $4,703.95 4 $1,058.28 $2,103.64 $3,138.30 $4,149.38 $5,168.84 $6,149.35 6 $1,540.94 $3,069.28 $4,556.77 $6,044.24 $7,531.71 $9,020.40 8 $2,018.03 $4,031.19 $6,049.27 $7,939.00 $9,894.59 $11,889.01 ___________________
6 For residential apartment complexes of 5 or more units add $8.65 per unit per month for recycling charges.
Complexes requiring more than one lift per week will be assessed an additional $8.65 per unit for each additional lift required beyond once a week.
Resolution/Solid Waste Rates Page 12 of 15
Rev: 7/27/2023
F. Front Load Bin Recycling Service: Variable, for commercial, and institutional customers only; monthly charge (for weekly collections) with container furnished by Contractor.
Contractor bills customers for commercial recycling services directly, not the City. Per Exhibit A, Section C. (v.) of Agreement, if a commercial customer requires more than 96 gallons of recycling service per week, Contractor may charge customer. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees.
BIN SIZE
(Cubic Yards)
ONE TO SIX COLLECTIONS PER WEEK
ONE TWO THREE FOUR FIVE SIX
1 $109.14 $213.92 $314.60 $410.98 $507.38 $599.51
1½ $157.31 $312.02 $454.74 $589.90 $727.75 $858.23
2 $205.40 $402.45 $599.51 $780.09 $959.76 $1,148.39
3 $303.83 $589.90 $859.95 $1,113.68 $1,376.20 $1,633.74 4 $396.81 $776.28 $1,141.34 $1,474.70 $1,819.36 $2,111.64 6 $557.24 $1,097.59 $1,583.00 $2,068.36 $2,553.78 $3,040.77 8 $710.23 $1,413.86 $2,124.19 $2,661.95 $3,288.16 $3,966.69 Resolution/Solid Waste Rates Page 13 of 15
Rev: 7/27/2023
G. Front Load Bin Source Separated Food Scrap and Organic Waste Service
FOOD SCRAP RECYCLING
BIN COLLECTIONS PER WEEK
SIZE (CAPACITY) ONE TWO THREE FOUR FIVE
One (1) cubic yard (collection rate) $109.14 $213.91 $314.60 $411.00 $507.38 Processing cost per one (1) cubic yard
container $28.48 $56.32 $84.17 $112.02 $139.86
Three (3) cubic yards (collection rate) $303.83 $589.90 $859.95 $1,113.68 $1,376.22 Processing cost per three (3) cubic yard
container $84.49 $168.02 $251.56 $335.10 $418.64
Contractor bills customers for food scrap recycling services directly. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees. Contractor shall invoice City on a monthly basis for processing costs. Processing cost per container includes ten percent (10%) for billing and franchise fees.
H. Roll-Off Bin Garbage and Construction and Demolition Service: Per collection with rolloff container furnished by Contractor and front loader compactor bin furnished by customer. The rates specified below do not include recycling/disposal costs. Customer shall be billed by Contractor for the actual charges incurred by the Contractor for recycling and/or disposal of collected contents plus ten percent (10%) markup for billing and franchise fees. This 10% markup is included in the rates below.
BIN SIZE/CAPACITY OPEN (Loose)
CONTAINER
(per cubic yard)
COMPACTED (Closed)
CONTAINER
(per cubic yard)
10 cubic yards or less $44.79 $58.99
11 to 15 cubic yards $44.79 $51.19
16 to 20 cubic yards $40.87 $46.78
21 to 29 cubic yards $37.43 $46.78
30 cubic yards $31.54 $46.78
31 to 39 cubic yards $29.85 $46.78
40 cubic yards & over $28.91 $46.78
Demurrage charge (one-week extension without
collection) per week $79.01 $82.97
Resolution/Solid Waste Rates Page 14 of 15
Rev: 7/27/2023
III. SPECIAL CHARGES
A. Provided by Mission Trail Waste Systems and Billed to Customer by City:
1. Manual Front-Load Bin Push/Pull Charges
RATE LEVEL ONE-WAY DISTANCE RATE
L-1 6 to 20 feet $36.00
L-2 21 to 40 feet $46.98
L-3 41 to 60 feet $70.03
L-4 61 to 80 feet $83.54
L-5 81 to 100 feet $116.56
L-6 101 to 120 feet $153.08
L-7 121 to 140 feet $189.11
L-8 141 to 160 feet $223.09
L-9 161 to 180 feet $259.12
L-10 181 to 200+ feet $290.64
2. Lock Bar/ Lock Jam Front Load Services
One-time installation fee, including one (1)
lock:
$106.04
3. Purchase of Lock
Per each, includes delivery of lock: $50.02
4. Front-Load Bin Steam Cleaning - Per
occurrence, not include once per year annual
cleaning: $127.08
B. Provided by Mission Trail Waste Systems and Billed to Customer by Contractor:
1. Roll-Off Bin Steam Cleaning - Per occurrence
not including once per year annual cleaning: $622.86*
2. Saturday Service Roll-Off Bin - Per
occurrence:
$677.91*
Resolution/Solid Waste Rates Page 15 of 15
Rev: 7/27/2023
3. “Emergency” Roll-Off Load Collection on a
Weekday- Per driver hour with one (1) hour
minimum charge:
$363.18*
4. Relocation of Roll-Off Bin - Per driver hour
with one (1) hour minimum charge:
$363.18*
5. Roll-Off Driver Time - Per driver hour with
one (1) hour minimum charge:
$363.18*
6. Counter-balanced Front-Load Covered Bin
(Premium charge paid by Customer –
availability limited to 100 bins total)
$15.79*/unit/month
7. Special Charges for return trips, non-scheduled
collections, overages, and contamination:
Monthly collection charge for cart or
bin size multiplied by 12, divided by
52, and multiplied by 1.5 per
occurrence
8. Illegal bin removal and storage fee: $394.77* plus disposal cost per occurrence
* Roll-off bin special services charges include markup of ten percent (10%) for billing and franchise fees. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis.
C. Provided by Recology for Residential Recycling Customers:
1. Manual Push/Pull Charges (first 10 feet complimentary): $1.21 per foot moved
2. Front Loading Bin Cleaning Charge: $151.64 per cleaning
3. Driver-time Reimbursement: $115.25 per hour
4. Lock-Jam Bin Installations: $90.99 flat fee
5. Charge to Service Contaminated Toter: $30.33 flat fee per container
6. Charge to Service Contaminated Front-Loading Bins: $151.64 flat fee per container
7. Charge to haul compactor: $621.15 per haul **
** Contractor provides billing and collection for compactor hauling services. en_. C 0 m ..,. CD - · :I 0-o ~ ;- 0 m 0 o::E~- -m3cn
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YOU CAN PARTICIPATE IN THE PROCESS
A public hearing on these proposed increases will
be held during the Santa Clara City Council Meeting
scheduled for Tuesday, May 19, 2026 at 7:00 p.m.
The City of Santa Clara is conducting meetings in a
hybrid manner (in-person and remotely).
Via Zoom:
https://santaclaraca .zoom .us/j/99706759306
Meeting ID: 997
-0675-9306
Phone: 1-669-900-6833
Proposed rate increases for the Solid Waste
Program (Garbage, Yard Trimmings, Cleanup
Campaign, and Recycling) for Fiscal Year 2026-27
will be considered for adoption at the public
hearing.
To formally protest the proposed increases you
must do so in writing, as protests cannot be
accepted via email, Zoom, or telephone. Written
protests must be received before the close of the
public hearing. To be counted, protests must be
mailed or dropped off to:
City Clerk's Office - Solid Waste Rate Comments
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Written protests must include your name, your
signature, the address of the property for which you
are the owner or utility customer, and the rate(s) you
are protesting. If protests are received from a
majority of the parcels affected by the proposed
rate increase by the close of public hearing, the City
Council will not impose the increase.
If you have questions about this notice, please
contact the Department of Public Works at
408-615-3080.
NOTICE OF PUBLIC HEARING AND
PROPOSED SOLID WASTE RATE INCREASES
FOR UTILITY BILLS
ON AND AFTER JULY 1, 2026
The City provides customers with dependable,
efficient, safe, and cost-effective solid waste
services for residents and businesses that call
Santa Clara home.
The proposed solid waste rates were calculated
using a rate study which was prepared by an
independent, third-party consultant. The study
provides a detailed review of the City's solid
waste costs to ensure that each rate equitably
captures the cost of each service. Each
proposed solid waste rate was developed to
include the sum of the following cost elements:
1) Collection costs
2) Processing and disposal or composting costs
3) City program costs
Rate increases are necessary to fund the
contractually obligated compensation
adjustments paid to the City's solid waste
service providers.
The City will continue to implement appropriate
and prudent cost-saving and cost-controlling
measures to maintain the affordability of these
basic services.
For more information about the City's
solid waste rates, visit
SantaClaraCA.gov/SolidWasteRates
PROPOSED SOLID WASTE RATES FOR FISCAL YEAR 2026-27
Residential, Commercial and Institutional Customers Only The proposed rates shown below generate revenues to cover solid waste programs, which include garbage col lection, processing and disposal, yard trimmings collection and processing, recyclables collection and processing, the Cleanup Campaign, street sweeping, and other solid waste program overhead and functions.
The proposed rates also fund landfill post-closure maintenance and monitoring and financial system software Capital Improvement Projects. These rate increases do not apply to customers in areas zoned for industrial use_
I
'
M-onthly Resjde_!l_t]al,Rates: Tota.I Mo11th!y ~ate is suin _of Gaibage Subscr_iptio~ (Al-,4), ..
F.Y 26-27
P,lus YBrd ,Trimmings (B)1 Cleanup Campaign (C). and'Recycling (D) , Current- p . d ' Rate ropo~e
Rate
Al 20-gallon Garbage Cart Charge $20.90 $21.60
A2. 32-gallon Garbage Cart Charge $28.92 $29.86
A3. 64-gallon Garbage Cart Charge $53.75 $55.48
A4. 96-gallon Garbage Cart Charge $78.46 $80.95
B. Yard Trimmings Per Unit Charge (not charged to townhomes) $16.37 $17.09 C. Cleanup Campaign Charge $6.62 $6.94
D. Recycling Charge/Unit Based on Once Weekly Pickup (also applied to each $8.39 $8.65 additional pickup) E. Extra Garbage Bag Tags $7.91 $8.31
FY 26-27 Proposed Monthly Commercial Business and Multi-Family Loose Garbage Bin Rate Billed by City Container Size 1/week 2/week 3/week 4/week 5/week 6/week 1 Cubic Yard $194.10 $385.00 $572.79 $757.43 $942.08 $1,123.53
1.5 Cubic Yards $268.16 $534.40 $791 .73 $1,043.43 $1,297.11 $1,545.34 2 Cubic Yards $342.17 $678.15 $1,014.08 $1,337.79 $1,660.82 $1,990.53 3 Cubic Yards $491.83 $970.47 $1,437.16 $1,891.71 $2,352.85 $2,810.27 4 Cubic Yards $637.46 $1,262.00 $1,875.84 $2,466.10 $3,064.76 $3,624.45 6 Cubic Yards $909.70 $1,806.82 $2,663.09 $3,519.34 $4,375.57 $5,233.04 8 Cubic Yards $1,176.39 $2,347.91 $3,542.37 $4,572.46 $5,686.41 $6,839.19 FY 26-27 Proposed Monthly~ Garbage Bin Rate Billed by City Container Size 1/week 2/week 3/week 4/week 5/week 6/week 1 Cubic Yard $299.30 $595.42 $888.39 $1,178.25 $1,468.10 $1,754.77
1.5 Cubic Yards $425.98 $850.00 $1,265.15 $1,674.67 $2,086.15 $2,492.18 2 Cubic Yards $552.59 $1,098.97 $1,645.32 $2,179.43 $2,712.88 $3,252.99 3 Cubic Yards $807.43 $1,601.71 $2,384.00 $3,154.17 $3,930.91 $4,703.95 4 Cubic Yards $1,058.28 $2,103.64 $3,138.30 $4,149.38 $5,168.84 $6,149.35 6 Cubic Yards $1,540.94 $3,069.28 $4,556.77 $6,044.24 $7,531.71 $9,020.40 8 Cubic Yards $2,018.03 $4,031.19 $6,049.27 $7,939.00 $9,894.59 $11,889.01 FY 26-27 Proposed Monthly Commercial Business Garbage Can Rate Billed by City Container Size 1/week 2/week 3/week 4/week 5/week 6/week 32-gal lon $30.32 $60.62 $90.94 $121.23 $151 .60 $181.88 64-gallon $56.36 $112.64 $169.06 $225.43 $281.73 $338.06 96-gallon $82.39 $164.75 $247.16 $329.51 $411.87 $494.26 Each additional 32·
gallon $30.02 $60.05 $90.05 $120.09 $150.16 $180.14
Monthly Commercial Services Billed by Mission Trail Waste Systems FY 26-27 Proposed Increase
A. Commercial Recycling1 4.5%
B. Voluntary Commercial Food Scraps and Organics 4.5%
C. Roll-off compactor and debris box per pull charges 4.5% D. Roll-off debris box and oompaotor disposal charges Up to $252.38 per ton E. Mission Trail Waste Systems special charges2 4.5%
1. 96-gallons of recycl ing service included in base garbage rates, additional service available for an extra charge.
All charges based on once weekly pickup.
2. Al l other charges including, but not limited to, push/pull, driver-time, lock installation, extra pickups, and Saturday service.
Attachment 3
Santa Clara County Residential Cart Rate Comparison
CITY
Supersaver
(or 20-24-gal
cart)
Small
(or 32-35-gal
cart)
Medium
(or 65-gal cart)
Large
(or 95-gal cart)
Anticipates Rate
Increases in FY
26/27
CAMPBELL (2025/2026) $42.55 $52.68 $95.61 $138.54 ✓
CUPERTINO (2026) $43.48 $46.24 $89.00 $131.75 ✓
GILROY (2025/2026) N/A $45.52 $65.11 $85.22 ✓
LOS ALTOS (2025/2026) $49.89 $53.75 $107.47 $161.23 ✓
LOS GATOS
(2025/2026)
$45.94 $57.22 $104.46 $151.71 ✓
MILPITAS (2026)
$43.79
(split-cart with
19-gal for
garbage, 19-
gal for food
scraps = 38-gal
total)
$47.60
(split-cart with
26-gal for
garbage, 19-gal
for food scraps
= 45-gal total)
$55.99
(split-cart with
45-gal for
garbage, 19-gal
for food scraps
= 64-gal total)
$64.31
(split-cart with
67-gal for
garbage, 29-gal
for food scraps
= 96-gal total)
✓
MORGAN HILL
(2025/2026)
N/A
1 $44.781 N/A1 N/A1 ✓
MOUNTAIN VIEW
(2025/2026)
$37.55 $50.05 $100.10 $150.15 ✓
PALO ALTO (2026) $27.81 $50.07 $100.15 $150.22
SAN JOSE (2025/2026) N/A $54.51 $109.02 $163.53 ✓
SANTA CLARA
(2025/2026)
$45.66 $53.68 $78.51 $103.22 ✓
SARATOGA (2025/2026) $46.98 $58.33 $106.41 $154.47 ✓
SUNNYVALE
(2025/2026)
$41.98
(27-gallon
split-cart)
$48.39
(43-gallon
split-cart)
$55.99
(64-gallon
split-cart)
N/A ✓
AVERAGE $42.56 $50.99 $88.98 $131.21
SANTA CLARA Single
Family Rate (2026/27) -
does not include CUC
charge
$47.34 $55.60 $81.22 $106.69
SANTA CLARA
Townhouse Rate
(2026/27) – does not
include CUC charge
$30.25 $38.51 $64.13 $89.60
1 Value shown is for Basic Single-Family Rate with Street Sweeping for Morgan Hill. Single-Family Rate for 48 gallon container with no street sweeping is $44.22. Hillside Residential 48 gallon container with street sweeping is $48.71 and Hillside Residential 48 gallon with no street sweeping is $48.02.
Attachment 4
Santa Clara County Commercial Bin Rate Comparison
1-1.5 CUBIC
YD BIN
SERVICE
1 Time/Week
1-1.5 CUBIC
YD BIN
SERVICE
3 Times/Week
1-1.5 CUBIC
YD BIN
SERVICE
5 Times/Week
3 CUBIC YD
BIN SERVICE
1 Time/Week
3 CUBIC YD
BIN SERVICE
3 Times/Week
3 CUBIC YD
BIN SERVICE
5 Times/Week
Separate
Charge for
Organics
Collection
Service
Anticipates
Rate Increases
in FY 26/27 CITY
CAMPBELL (2025/26) $157.99 $473.96 $789.94 $473.96 $1,421.89 $2,369.82 ✓ 2 ✓ CUPERTINO (2026) $217.181 $651.581 $1,086.001 $347.50 $1,042.50 $1,737.55 ✓ ✓ GILROY (2025/26) $208.76 $574.21 $939.67 $435.45 $1,204.94 $1,974.45 ✓ ✓ LOS ALTOS (2025/26) $210.84 $632.56 $1,054.27 $632.54 $1,897.68 $3,162.79 ✓ LOS GATOS (2025/26) $198.31 $594.92 $991.53 $594.92 $1,784.75 $2,974.58 ✓ 2 ✓ MILPITAS (2026) $157.96 $388.99 $585.36 $358.74 $1,015.52 $1,636.52 ✓ ✓ MORGAN HILL (2025/26) $234.63 $655.08 $1,075.54 $492.57 $1,383.56 $2,274.41 ✓ ✓ MOUNTAIN VIEW (2025/26) $144.80 $491.40 $837.80 $433.35 $1,357.90 $2,282.25 ✓ ✓ PALO ALTO (2026) $178.54 $549.36 $919.03 $437.20 $1,388.28 $2,341.65 ✓ SAN JOSE (2025/26) $252.06 $721.83 $1,195.12 $352.01 $1,006.83 $1,665.08 ✓ SANTA CLARA (2025/26) $183.73 $542.09 $891.44 $466.70 $1,363.41 $2,231.76 ✓ ✓ SARATOGA (2025/26) $230.91 $692.72 $1,154.54 $692.72 $2,078.17 $3,463.62 ✓ 2 ✓ SUNNYVALE (2025/26) $200.28 $600.85 $1,001.41 $508.75 $1,526.24 $2,543.74 ✓ ✓ AVERAGE $198.15 $582.27 $963.20 $478.95 $1,420.90 $2,358.32 SANTA CLARA (2026/27) $194.10 $572.79 $942.08 $491.83 $1,437.16 $2,352.85 1 Rates shown are for 1.5 cubic yard bins. This jurisdiction does not provide 1 cubic yard bins. 2 Rate includes one organics cart up to 96 gallons in size with weekly service for no charge.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-465 Agenda Date: 6/9/2026
REPORT TO COUNCIL
SUBJECT
Public Hearing: Action on Adoption of Resolutions Amending Water, Sewer and Recycled Water Rate Schedules to be Effective July 1, 2026
BACKGROUND
In November 1996, California voters approved Proposition 218, amending the State Constitution to establish a new category of “property
‑
related fees and charges” and to create specific procedural requirements for their adoption. Under Proposition 218, proposed fees or charges for water, sewer, and recycled water services must be preceded by a written notice to customers and a public hearing held no sooner than 45 days after the notice is mailed. The notice must also describe the process for customers to submit a formal protest.
At the public hearing, all protests received are counted. If written protests are submitted by a majority of affected utility customers (50 percent plus one), the proposed fees or charges cannot be adopted.
If a majority protest is not received, the City Council may consider and act on a motion to approve the proposed rate adjustments. For the current process, 11,886 protests are required to constitute a majority and prevent Council action on rate increases.
The City reviews and updates its water, sewer, and recycled water rates annually. Each of these utilities operates as a self
‑
sustaining enterprise, and rates are set to recover the revenue necessary to fund operations and maintenance (O&M), capital improvement program (CIP) needs, and, when feasible, reserves for each utility system.
Staff is requesting approval of the attached resolutions establishing updated water and recycled water rates (Attachment 1) and sewer rates (Attachment 2), effective July 1, 2026.
To support this rate
‑
setting process, the Water & Sewer Utilities Department engaged Black & Veatch Management Consulting, LLC (Black & Veatch) to conduct an ongoing cost ‑
of
‑
service study for the
City’s water, sewer, and recycled water utilities.
DISCUSSION
In Fall 2021, the City conducted a competitive procurement process and, in December 2021, entered into a five-year agreement with Black & Veatch Management Consulting, LLC (Black & Veatch) for rate-setting consulting services.
Consistent with prior years, Black & Veatch completed a cost-of-service analysis for the City’s water, sewer, and recycled water utilities; developed three-year rate projections; and prepared a ten-year financial plan to support operations and maintenance, capital improvement program requirements, and prudent reserve levels. Black & Veatch also updated the Rate Study (Attachment 3) to City of Santa Clara Page 1 of 5 Printed on 6/5/2026
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26-465 Agenda Date: 6/9/2026
and prudent reserve levels. Black & Veatch also updated the Rate Study (Attachment 3) to incorporate reserve funding analyses and financial plans based on the cost-of-service results. The rate study methodology allocates each utility’s operating and capital cost components to customers and customer classes based on their respective use of the utility systems. In compliance with Proposition 218, the rate study helps to ensure the proposed rate increases will not result in the City’s water and sewer rates exceeding the City’s reasonable cost to provide water and sewer services to its customers.
Water Rates
Potable water rates for Santa Clara residents and businesses are primarily driven by wholesale water purchase costs, O&M expenses, and capital investments needed to rehabilitate and replace aging infrastructure. Approximately 70% of the City’s water utility budget is to purchase wholesale water from the San Francisco Public Utilities Commission (SFPUC) and Santa Clara Valley Water District (Valley Water). On April 28, 2026, SFPUC approved a 7.4% wholesale rate increase for Fiscal Year (FY) 2026/27. On May 12, 2026, the Valley Water Board adopted a 9.1% wholesale rate increase for FY 2026/27. Valley Water’s wholesale increase is for both treated surface water and groundwater pumping charges. A portion of this and future rate increases is to cover the CIP costs for Valley Water’s investments in Anderson Dam Seismic Retrofits and Improvements, Rinconada Water Treatment Plant Improvements, and the Pure Water Silicon Valley Project, which is intended to provide additional water supplies during times of drought.
To maintain system reliability and water quality, the City’s Water Utility plans to complete approximately $24 million in CIP projects over the next five years. CIP includes Water Main Replacement of aging infrastructure, Well Improvement Projects, which consist of well rehabilitation to extend their useful life and the installation of new well disinfection systems to reduce flushing and improve water quality, and Facility Improvement Projects, which include overall water distribution infrastructure improvements. These costs, together with ongoing O&M needs, support a proposed
12.2% increase in potable water rates. For an average residential customer using 12 units of water per month (1 unit = 1 HCF = 748 gallons), the monthly bill would increase by $14.40/month, from $118.68 to $133.08. A customer who uses 12 units of water is considered a high-end user, and with water conservation efforts, increases in customer utility bills can be reduced.
Sewer Rates
Sewer rates for Santa Clara customers are primarily driven by the City’s share of capital and O&M costs at the San José-Santa Clara Regional Wastewater Facility (RWF), which the City co-owns (i.e., City is 20% co-owner), as well as O&M and capital needs within the City’s sewer collection system.
The RWF is undergoing a significant rehabilitation and replacement program that is expected to continue for up to 30 years. Santa Clara’s share of these costs is currently budgeted at approximately $123 million over the next five years. To help moderate rate impacts and promote generational equity in funding the RWF Program, the Sewer Utility issued $35 million in Certificates of Participation in October 2023. Additional financing is anticipated in future years to fund the remaining costs of the planned RWF CIP.
Based on the cost-of-service analysis, the proposed sewer rate adjustments include a 12% increase for single-family residential customers, a 9.6% increase for multi-family residential customers, and an average 17.7% increase for commercial customers, with actual increases varying by customer class (Table 1). For FY 2026/27, due to RWF capital needs, the commercial rate increase ranges from -17 percent to 33 percent.
City of Santa Clara Page 2 of 5 Printed on 6/5/2026
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26-465 Agenda Date: 6/9/2026
If adopted, the proposed rates would increase monthly bills by $6.90 for single-family residential customers and $5.11 for multi-family residential customers. Even with these adjustments, Santa Clara’s sewer rates would remain competitive with those of neighboring agencies in Santa Clara County.
Table 1. Commercial Sewer Rates
Residential Sewer Rates Per Month Current
Rate
Proposed
Rate
Delta
Amount
Delta %
Single Family $57.56 $64.46 $6.90 12%
Multi-Family $53.15 $58.26 $5.11 9.6%
Non-Residential Type (per HCF) Current
Rate
Proposed
Rate
Delta % Delta
Food & Kindred Products $17.53 $23.23 $5.70 33%
Industrial Chemical $12.69 $16.36 $3.67 29%
Metal Plating $4.92 $4.08 $(0.84) -17%
Machinery Manufacturers $9.98 $12.36 $2.38 24%
Electrical & Electronic Equipment $6.33 $5.71 $(0.62) -10% Auto Dealers & Service Stations $8.38 $9.45 $1.07 13%
Restaurants $17.88 $23.48 $5.60 31%
Motels & Hotels $8.56 $9.19 $0.63 7%
Laundries $7.01 $6.99 $(0.02) 0%
Repair Shops & Car Washes $6.47 $7.64 $1.17 18%
Amusement Parks $7.22 $7.17 $(0.05) -1%
Hospitals & Convalescent Homes $8.00 $8.30 $0.30 4%
Schools & Colleges $7.71 $7.92 $0.21 3%
Churches $6.12 $5.71 $(0.41) -7%
Other Non-Residential $6.85 $6.83 $(0.02) 0%
Minimum Commercial Charge $57.56 $64.46 $6.90 12%
The proposed commercial sewer rate increases are necessary to address rising operational and regulatory costs associated with maintaining a safe, reliable, and compliant sewer collection system.
In addition, significant cost drivers include ongoing and future CIP investments related to regulatory compliance at the RWF, including new regulations on nutrient removal, as well as the rehabilitation and replacement of aging wastewater infrastructure within the RWF. In addition, upgrades to existing collection, pumping, and treatment systems are required to maintain system reliability, accommodate future operational needs, and reduce the risk of service disruptions or regulatory violations. These rate adjustments will help ensure the sewer utility's continued financial sustainability while supporting critical infrastructure improvements to protect public health and the environment at the RWF.
Recycled Water Rates
Recycled water rates are primarily driven by wholesale costs charged to the City by the City of San José through the South Bay Water Recycling (SBWR) Program. SBWR rates are tied to the City of Santa Clara Page 3 of 5 Printed on 6/5/2026
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26-465 Agenda Date: 6/9/2026
José through the South Bay Water Recycling (SBWR) Program. SBWR rates are tied to the groundwater charge established by Valley Water. The wholesale rate Santa Clara pays for recycled water will increase by 9.5%. These wholesale cost increases, together with O&M needs, support a proposed 11.4% increase in recycled water rates. Recycled water is used by non-residential customers for irrigation, dual-plumbed buildings, and various industrial processes.
ENVIRONMENTAL REVIEW
The action being considered is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code section 21080(b)(8) and CEQA Guidelines section 15273 as it concerns the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges that are for the purpose of (A) meeting operating expenses, (B) purchasing or leasing supplies, equipment, or materials, (C) meeting financial reserve needs and requirements, or (D) obtaining funds for capital projects necessary to maintain service within existing service areas.
As described above, the proposed rate increases will cover operations and maintenance costs, capital improvement program projects and the funding of reserves associated with the respective utilities’ systems.
FISCAL IMPACT
The proposed rates are reflected in the FY 2026/27 Water & Sewer Utilities operating budget. Failure to adopt the proposed rates will result in lower-than-expected revenues and the need to amend the upcoming budgets by further drawing down reserve funds for the three utilities and changing the tenyear financial outlook for each of the utilities.
COORDINATION
This report has been coordinated with the Finance Department, City Manager’s Office and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected].
Additionally, on April 21, 2026, which is not less than 45 days before the public hearing on June 9, 2026, as required by Article XIII D of the California Constitution (Proposition 218), notices were mailed to all 23,770 current utility customers in the City Utility Billing System. Also, staff reached out to utility customers via social media platforms and through the utility rates page on the City’s website.
The notices included instructions on how to protest the rate increases, and details on how to access the public hearing.
RECOMMENDATION
Conduct a public hearing, tabulate protest votes, and if less than a majority protest is tabulated, Adopt Resolutions Amending the Water, Recycled Water, and Sewer Rate Schedules, Including Increases in Rates and Other Adjustments.
Reviewed by: John Ramirez, Director, Water & Sewer Utilities City of Santa Clara Page 4 of 5 Printed on 6/5/2026
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26-465 Agenda Date: 6/9/2026
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Proposed Resolution Establishing Water Rate Schedule 2026-01 & Recycled Water Rate Schedule 2026-02
2. Proposed Resolution Establishing Sewer Rate Schedule S-26
3. Draft 2026 Water and Sewer Rate Study Report by Black & Veatch Management Consulting, LLC City of Santa Clara Page 5 of 5 Printed on 6/5/2026
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Resolution/Establishing Water Rate Schedule 2026-01
& Recycled Water Rate Schedule 2026-02
Rev: 11/22/17