Tulare City Council
December 19, 2023

DATED: _________________________ BY: _________________________ City of Tulare City Manager
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Chief Deputy City Clerk Tulare City Attorney
CONTRACTOR:
__________________________ ___________________________
Karine Stuimer
EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 8 OF 33

EXHIBIT A

SPECIFICATIONS AND CONDITIONS FOR LANDSCAPE MAINTENANCE SERVICES A. General Conditions
Landscape maintenance for the City of Tulare shall be “priority work” for the successful Contractor. City facilities are high visibility, high traffic areas that must maintained with a sharp appearance. It is the intent of these specifications that Contractor maintain all areas as outlined in a clean, orderly, and costeffective manner for public view or use. The terms “Director” or “Community Services Director” shall mean the Director or designated representative.

B. Supplies and Equipment
The Contractor, at his own cost and expense, shall furnish and keep in good working order all necessary tools, equipment, and supplies of good quality and in the amounts necessary to fulfill these specifications. To accomplish an acceptable and professional level of maintenance, these supplies and materials shall include, but not be limited to:

1. Necessary mowers, trucks, edgers, aerators, seeders, hoses, tools, blowers, etc.

2. All necessary gas, oil, and parts for all equipment.

3. All necessary chemicals including: fertilizers, herbicides, insecticides, fungicides and rodenticides.

4. All parts necessary for the repair and proper maintenance of all irrigation systems.

5. All necessary horticultural supplies.

Contractor will substitute supplies and/or equipment at the request of the Director or designated representative.

C. Obligation of the Contractor
The Contractor, at his sole cost and expense, shall perform all labor and services and furnish all the materials, tools, equipment, supplies, and transportation as necessary for the performance of the scheduled work in accordance with these specifications. Unscheduled work, except for an emergency situation, shall be authorized by the Director or designated representative and shall be performed by the Contractor who then shall be compensated by the City on a time and materials basis. The time and materials schedule submitted by the Contractor shall be a part of this agreement.

Leaves, grass clippings, tree trimmings, and trash must be removed each time work is performed and legally disposed of by Contractor at his own expense.

D. Obligation of the City
City shall provide the following materials, supplies and/or service:

1. City is responsible for the replacement of damaged, vandalized and/or stolen irrigation system essential components, pumps, backflows and controllers, turf, landscaping, and related infrastructure unless damaged by contractor due to negligence or lack of maintenance, with the exception of tree stakes. Contractor is responsible for replacement of any and all tree stakes.

2. City is responsible for electrical and water utility costs and services.

3. City will provide contractor with emergency numbers for designated City representative and emergency personnel.

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E. Subcontracting
A portion of the work covered by a contract awarded pursuant to these specifications can be subcontracted with prior approval of City. Contractor must develop procedures specifying how it will manage the subcontractor and maintain quality work and results through the subcontractor. Lists of subcontractors with their qualifications shall be submitted to City thirty (30) days before their intended use. All subcontractors must demonstrate they are United States citizens or have a legal right to work in the United States. All subcontractors must have the required insurance coverages and licenses as Contractor.

F. Contractor’s Personnel
Contractor shall provide sufficient qualified and trained personnel capable of meeting these terms, conditions, and specifications.

Contractor shall provide a list including all Contractors’ and subcontractors’ employees assigned to work sites. List shall include name for each Contractor employee and must demonstrate they are a United States citizen or have a legal right to work in the United States. Contractor must update list within fortyeight (48) hours of any change. In the event an employee leaves the employment of Contractor during the term of this agreement, Contractor is to immediately notify the City’s representative of their employee’s termination and confiscate the employee’s identification badge.

Contractor shall provide the City with names and telephone numbers of appropriate persons to be called in case of emergency.

Contractor will assign a qualified, trained supervisor to oversee work performed at the work site and to act as Contractor's liaison with City's representative. This supervisor shall have at least three (3) years of commercial landscape or municipal park maintenance supervision experience. The supervisor shall be able to speak, read, and write English and be capable of writing schedules, making monthly reports noting deficiencies in need of correction, and planning for upcoming major projects.

Contractor shall provide an ongoing documented training program for all Contractors’ employees performing work at City's work site. Training program shall include, but not be limited to, understanding of City's maintenance contract, quality standards, task definitions, M.S.D.S. sheets, Cal-OSHA regulations and all other safety regulations as required.

G. Work Performance
The Contractor will adhere to the highest quality standards of the landscape maintenance profession.

The specifications and standards shall be met by Contractor at all times regardless of Contractor's employees' absence or established staffing pattern and levels.

All material and workmanship shall be of the highest quality. All work shall be subject to the satisfaction of the Parks Manager, who may exercise such control of the work as is required to safeguard the interests of the City and private property owners.

Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take precautions required by all applicable governmental regulations.

The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City.

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H. Work Schedule
Contractor is to provide City with a work schedule describing the work to be performed in each area. All work schedules shall conform to all applicable City ordinances and be designed in a manner to provide the desired level of service. The Director or designated representative may modify the proposed work schedule as needed to provide the desired level of service. Clippings, cuttings, trash and debris shall be removed each time work is performed.

Contractor's normal work shall be performed between 6:00 a.m. and no later than 6:00 p.m., Monday through Friday (except holidays). All work is to be conducted in a professional manner that is not disruptive to City residents, visitors or offices, library or senior center patrons. Contractor will provide City a full-year schedule of all daily, weekly, biweekly, monthly, quarterly, semi-annual and annual services, giving specific days and dates. Any non-emergency work that may be deemed hazardous or disruptive (i.e., chemical spraying, tree pruning, etc.) will be scheduled at least two (2) weeks in advance with City representative. City reserves the right to change schedules for special events or to resolve conflicts with adjacent property owners/tenants.

For emergency work, Contractor must obtain written approval from City's representative prior to commencing work.

I. Level of Service
Levels of Service shall be maintained per specifications of this contract. Funding in each district will determine the required interval of service. The Contractor is to determine the work necessary to maintain each district in compliance with contract specifications. The City prefers the highest level of service this contract will provide but reserves the right to determine which level of service will be assigned to each district.

Level “A” Service One-week interval (52 weeks a year)
Level “B” Service Two-week interval for four months (November - February) One-week interval for eight months (March - October)
Level “C” Service Two-week interval (52 weeks a year)
Level “D” Service Once a month service for four months (November - February) Two-week interval for eight months (March - October)
Level “E” Service Once a month service (12 months a year)

SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES
A. Irrigation
Irrigation shall be performed as required to maintain proper plant growth in all areas. Daily shallow water applications are to be avoided in favor of deeper water applications and in quantities required by the different plant species at different times of the year.

Normal watering shall be accomplished at times of the night or early morning which promote the health of all plants and minimize the inconvenience to people using the area. Water on turf and groundcover areas is generally to be applied between 10:00 p.m. to 4:00 a.m. and 9:00am to 11:00am on assigned EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 11 OF 33
water days by Parks Manager, where possible, to lower the risk of fungus in cool season turf. Water shall be applied in short repeat cycles of 3-5 minutes each to prevent run-off into the street. Care shall be taken not to over-water or flood any soil.

Failure of an existing system to provide full and adequate coverage shall not relieve the Contractor of the responsibility to provide proper coverage of all areas using hose bibs, quick couplers, etc. Providing any supplementary hoses, sprinklers, nozzles, etc., necessary to accomplish full coverage shall be the Contractor’s responsibility.

The Contractor shall comply with the Water Conservation Ordinance, as found in Tulare Municipal Code Section 7.32. Information outlining this ordinance shall be provided to Contractor by the City. During periods of restricted water use, all governmental regulations shall be followed. Contractor shall perform a water audit when requested by Director or designated representative. Should modifications of irrigation systems and/or schedules be required to facilitate adherence to these regulations, the Contractor shall notify the Director or designated representative of the suggested modifications.

Irrigation water shall be carefully applied and monitored weekly by the Contractor. Excessive water runoff or overflow onto hard surface areas shall be kept to an absolute minimum so as to conserve water and not waste. During summer months, a weekly visual inspection of the irrigation system shall be performed to identify system defects. This includes, but is not limited to, breaks in lines, heads, leaks and wash outs, saturated areas or dry spots. Problems reported to the Contractor by the Director or designated representative must be corrected within twenty-four (24) hours of the report.

Contractor is responsible for proper adjustment of all components of the irrigation system, from the controllers to the individual sprinkler heads. All irrigation system components shall be inspected as needed and a written summary of any findings turned in within one week of inspection.

All irrigation controllers shall be adjusted seasonally and turned off during periods of rain. Contractor shall turn on and program controllers at the completion of each rainy period. Each time the schedule is changed, due to seasons or any other reason, a revised schedule shall be provided to the Parks Manager.

All irrigation equipment shall be maintained in good working condition and shall function properly at all times. The Contractor shall be responsible for the maintenance and/or replacement of all irrigation systems and their parts (excluding only the VFD, booster pumps, backflow prevention devices, irrigation controllers, irrigation decoders, and modules unless damage to these systems was caused by the Contractor or employees at his own expense). Included in the system are: remote control valves and boxes, box covers, gate valves, quick coupling valves, main lines, control wiring, lateral lines, all fittings and riser assemblies, hose bibs, sprinkler heads, and vandal-proof enclosures.

All minor repairs such as nozzle adjustments and repair of broken risers (lateral line and/or swing joint to sprinkler head) shall be included in the monthly maintenance cost. Contractor shall be responsible for minor repairs and will not bill these repairs as “Additional Work.” Replacement parts for irrigation systems shall be new and of similar or better quality as what was initially installed. The City’s representative may permit substitution of brand name parts only with advance approval. Unless included under minor repairs, Contractor will not purchase any new parts without prior approval by the Director or designated representative.

The Contractor shall, at least once a week, inspect all areas covered by an automatic irrigation system for any malfunction. Approximately thirty (30) days prior to contract conclusion, a comprehensive test of EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 12 OF 33
all irrigation systems shall be made by the Director or designated representative. Any repairs deemed the Contractor’s responsibility shall be made by the Contractor prior to the end of the contract period.

If the repairs made are not to the Parks Manager’s satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies as determined by the Director.

Irrigation systems which are damaged or altered in any way as a result of work performed under this contract shall be repaired or replaced by the Contractor in kind and in an approved manner. Repairs shall be made immediately after damage or alteration occurs, unless otherwise directed. For repairs not made, or not made to the satisfaction of the Parks Manager, the work will be done by others and billed to the Contractor.

Repairs made due to vandalism or faulty components shall be billed as extra work. Repairs to backflow devices and irrigation controllers will be either the City’s responsibility or extra work as determined by the Director or designated representative.

B. Pesticide Application
The Contractor shall be responsible for the control and elimination of weeds, insects, rodents and diseases affecting all work areas under his control. The Contractor shall possess all permits and licenses required by the State of California, Department of Food and Agriculture, prior to the application of any pesticide. A licensed, trained technician shall perform all chemical applications. Any pesticide used shall be listed on the State of California, Department of Food and Agriculture’s approved list and Contractor shall submit all pesticide use reports to the Tulare County Agricultural Commissioner.

Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the Tulare County Agricultural Commissioner. In addition, all pesticides used must have the written approval of the Director or designated representative prior to application of pesticides.

C. Weed Control
Pre- and post-emergent herbicides shall be used for weed control upon prior approval of the Parks Manager. A licensed, trained technician shall perform all chemical applications. Contractor shall notify City representative in advance of any chemical applications. City's representative must also have a copy of the current M.S.D.S. for every chemical being applied. Contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, the Department of Health, and the Department of Industrial Relations regarding the safe application of herbicides under this contract.

Care shall be taken to ensure the safety of the public and the contractor’s employees during chemical weed control operations. The Director or designated representative may restrict the use of chemical weed control in certain areas. Contractor shall exercise great care to avoid herbicide drift onto non-target plants and adjacent residential areas.

All turf grass areas and planter areas shall be treated for pre-emergent weed control at least twice yearly with a product approved by the Parks Manager. All shrub beds shall be kept in friable condition and free of weeds. All ground cover areas shall remain weed free. All fence lines, light standard bases, tree wells, buildings and structures shall be weed free.

Turf areas shall be sprayed as necessary for weed control. Where weed encroachment is on a small scale, weeds shall be removed manually. Weeds taller or broader than four inches (4") in the planted area shall be mowed, hoed or hand-pulled. Small weeds may be controlled by applying a foliage-applied or soil herbicide before the weeds exceed four inches (4"') in height. Dead weeds that are unsightly shall be removed. Existing mulched areas, sidewalks, and pathways shall be maintained weed free.

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D. Disease, Rodent, and Insect Control
The Contractor is responsible for the inspection, control, and eradication of all disease, rodent, and insect infestations in the landscaped areas maintained under this contract. Contractor shall notify the Parks Manager when finding such a condition, and outline identification and control measures to be taken if the pests are causing damage or dramatically lessening the aesthetic quality of the plants.

Whenever an appropriate nonchemical treatment for a pest is available, its use shall be given preference over chemical treatment. Contractor shall provide timely recommendations for remedies to any chronic pest problems. Upon approval of the Parks Manager, the Contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and Contractor’s employees.

E. Tree Maintenance
Contractor shall provide proper watering of all trees, where water is available, whether done by automated irrigation systems or manually with the use of hoses. Trees shall be maintained in an erect, upright manner and shall be staked as necessary to maintain this position. Pruning and trimming of trees shall be limited to removal and disposal of any dead and/or broken branches and any sucker growth located in or on the tree.

Newly planted trees that do not have trunk caliper sufficient to support the tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between 2 approved 2" x 2" x 10' treated tree stakes. Split plastic hose or black tire casings held in place by 12-gauge wire shall be used to secure the young trees. Tree ties are to be inspected often for signs of girdling or abrasion.

Contractor shall remove or loosen any and all tree stakes and/or ties whenever damage to the trunk is being caused by girdling. Stakes shall be removed when the tree has sufficient strength to support itself.

Contractor shall be responsible for replacing and reinstalling all tree stakes that are missing or broken, whether from Contractor’s operations or through vandalism or theft.

All tree pruning activities shall be performed by trained, experienced personnel. All pruning is to be done in accordance with International Society of Arboriculture (I.S.A.) pruning standards. All personnel engaged in pruning activity shall be made aware of these standards by Contractor.

Contractor is totally responsible for any subcontractors they engage to do tree pruning or other work within the assigned job sites. Contractor's responsibility regarding subcontractors includes, but is not limited to, the quality of work and related experience, and appropriate liability insurance coverage. All subcontractors must be approved in advance by the Director or designated representative.

Contractor shall be responsible for all pruning which can be reached with a 12' pole saw by a worker standing on the ground. All trees are to be maintained in their natural shape. Canopy clearance is to be maintained above walks at 10'-0" and above streets at 14'-0" for pedestrian and traffic safety as per Ordinance Code 8.32.080.

The Contractor shall bring to the Director or designated representative’s attention within 24 hours any tree which shows root heaving, leaning, having hanger limbs, or is in some manner constituting a safety hazard.

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F. Pruning and Edging of Shrubs and Groundcovers
Contractor shall be responsible for the pruning, edging, and thinning of all shrubs and ground covers to the satisfaction of the Director or designated representative. Pruning shall be done to promote the natural growth habit of each individual plant; to maintain proper plant health by cutting out dead, diseased or injured wood; and to control growth when an unshapely shrub or ground cover might otherwise result. All shrubs and bushes covering/ blocking a block wall shall be maintained at a height of no more the height of the block wall nor less than two (2) feet lower than the height of the block wall.

All cuts shall be made cleanly using sharp pruning tools leaving no branch stubs. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All dead, dying, or damaged branches shall be removed immediately.

All ground cover areas shall be kept free of weeds, trash, and debris. Planted areas may be sprayed and/or manually weeded.

Ground covers shall be trimmed on a regular basis. A four-inch (4") buffer zone shall be maintained around all obstacles and edges with the exception of shrubs and trees that will have a twenty-four-inch (24") buffer. All plant growth shall be prevented from covering or blocking electrical meters, irritation controllers, back flows, valve boxes, water meters and also from entering onto walkways, roadways, and other hard surface areas, unless to create a special effect, such as cascading over a wall or fence. Clear view of traffic signs and intersections is to be maintained at all times.

Ground covers that regenerate and flourish from occasional mowing may be mowed only between February 15 and April 1. To promote rapid regrowth, mowing of an entire stand of groundcover shall always be accompanied by fertilizer which is watered in. Edging shall be done to present a neat appearance and prevent overgrowth of curb or sidewalk. Edging shall not be done by chemical methods; unless a growth retardant is utilized that has been pre-approved by the Director or designated representative.

All ground cover/shrub areas where mulch is utilized are to be checked one time per year for maintenance of an even covering of approximately 1” of mulch.

G. Mowing, Edging, and Blowing of Turf
Contractor shall be responsible for mowing and blowing all turf grass area. Mowing shall occur once a week or as assigned depending on level of service during the growing season to maintain the proper height. Bermuda grass shall be mowed to maintain a height of no more than 1½ inches nor less than ¾ inch. Fescue and other cool season turf shall be mowed to a height of three (3) inches during spring and summer and no less than 2-½ inches during fall and winter. All turf grass shall be edged at least weekly on a vertical plane along sidewalks and other paved and hard surface areas as necessary to prevent overgrowth. Edging shall not be done by chemical methods.

If weather conditions do not permit regular mowing, longer intervals may be observed. Contractor is not to mow turf when it is in a wet, saturated condition that would cause rutting, tearing, or sliding on the turf surface, or when it could be unsafe for contractor’s employees to operate equipment.

Turf is to be cut with the size of equipment that will give a neat appearance without rutting, sliding over, or scalping the turf. This requirement will be strictly enforced, including cases of steep turf slopes.

Mowing patterns are to be changed weekly or however often necessary to avoid rutting.

Contractor will maintain sharp blades on all mowers. No mowing will be done without proper safety shields in place. Recycling mowers are allowed. Contractor shall be required to pick up and dispose of EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 15 OF 33
grass clippings after each mowing/edging operation unless the clippings are expected to dry and drop beneath the growing level of the turf within 24 hours.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. A string trimmer shall be used to trim around obstructions in the turf, such as valve boxes, header boards, etc., on a regular basis to obtain a crisp look. Trees, buildings, signs and all other obstructions not on the plane of the turf shall have a buffer zone maintained down to bare soil.

Tree basin buffers shall be twenty-four inches (24") in diameter for new trees and all other buffer zones shall be four inches (4") wide. The edges of these buffer zones should be neatly trimmed on a regular basis with a string trimmer.

Contractor shall be responsible for repair of damage caused by mowing or other activities. Any trees which have more than fifty percent (50%) of the trunk removed in a given three-inch (3") area of trunk by string trimmers or mowers shall be considered destroyed and shall be replaced at Contractor’s expense with like species and size.

H. Pocket Parks and Neighborhood Trails
Contractor shall be responsible for picking up litter, emptying out trash receptables, and restocking dog waste dispenser/s. Dog waste bags and trash receptable liners will be supplied by the City.

I. Annual Flower Maintenance
Annual flowers are to be maintained at various locations as part of the regular work under this contract.

J. Graffiti Removal
Graffiti shall be reported to the City of Tulare Graffiti Hotline at (559)684-4279.

Contractor shall report to the Parks Manager any large or continual amount of graffiti in landscaped areas.

K. Shopping Cart Removal
Contractor shall remove abandoned shopping carts or call the City of Tulare Streets Department at (559)684-4322 for assistance in removing abandoned shopping carts from the landscaped areas.

L. Liability for Damages
The Contractor shall be fully responsible for any and all damage done to City property that results from Contractor’s operations. This shall include, but not be limited to, the repair, removal, and replacement at Contractor’s expense, of shrubs, trees, vines, turf grass, groundcover or other landscape items that are lost or damaged due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, herbicide damage, or lack of proper maintenance and operations. This shall also include any damage done to buildings and other improvements due to Contractor’s negligence. The Director or designated representative shall determine negligence. The City shall be responsible for replacing any plant material that has died due to acts of vandalism or theft.

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M. Protection and Security of Work Sites
The Contractor shall be responsible for the opening, closing, protection, and securing of certain work sites. Contractor shall obtain the necessary keys from the Parks Manager for use in securing all gates and locks associated with said sites.

N. Additional or Extra Work
This Agreement covers routine work as specified herein. Requested extra or emergency work shall be defined as any work beyond the general routine landscape maintenance work outlined in this Agreement. Unscheduled maintenance work that would be billable above and beyond the monthly fixed price shall be performed only with the prior written approval of the Director or designated representative.

The City reserves the right to competitively bid anything beyond the monthly scope or use the time and material rates quoted in Contractor's proposal.

It is the Contractor's responsibility to advise the Parks Manager of problems and needed upgrades or repairs to keep the landscape in a safe, functional, healthy and attractive condition at all times. In the event Contractor notices a problem or work needed beyond the routine landscape maintenance work outlined in the Agreement, Contractor shall issue Additional Work estimates to the City representative.

Examples of possible extra work may include:

1. Aeration and Dethatching of Turf
Aeration: All Bermuda turf areas should be aerated a minimum of twice annually. This service will be provided one time in the spring and one time in late summer or early fall. Equipment used to perform this task shall consist of an aerator that is either vertically-operated with hollow tines or a slicer-type. Soil depth affected by aeration shall be a minimum of two inches (2"). All irrigation heads must be flagged before aerating.

Dethatching: When thatch in the turf areas accumulates to a maximum one-half inch (½"), the thatch is to be removed by means of a mechanical rake or other similar device to promote proper turf growth. The debris remaining on the turf as a result of dethatching is to be removed by sweeping the turf with a turf sweeper. Dethatching should not occur more than once annually.

2. Graffiti Removal
All graffiti removal shall be considered additional work outside of the base contract. After notifying the Parks Manager and receiving approval to proceed, graffiti shall be removed within two (2) days by steam cleaning or other appropriate method that will not change the appearance of the original surface or its texture. Graffiti areas may require coating surfaces with an approved graffiti sealer.

3. Vandalism
Contractor shall notify the Parks Manager immediately of any acts of vandalism and/or theft to City property. City shall be responsible for repairing or replacing any City property which has been vandalized or stolen. Vandalism clean-up or repair work may be added to the existing contract at existing contract prices or placed out to bid formally or informally at the City’s sole discretion.

4. Annual flowers
Changing out annuals twice per year on a schedule to be determined by the City will be treated as and paid for as Extra Work. When replacing the annuals, the Contractor shall use “jumbo” bedding plants (36 per flat) and space the plants a maximum of 12" on center. The Parks EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 17 OF 33
Manager reserves the right to determine the type of annual (tall vs. spreading) or request that a specific plant be used (pansy vs. calendula). Annuals used are to be appropriate for the site and not block signs or sprinklers.

O. Emergency Work
Emergency work shall require a shortened response time of between thirty (30) minutes and four (4) hours, depending on the nature of work needed.

The Contractor and/or their subcontractors shall have sufficient labor, materials, cell phone availability, and call-out procedures to assure that staffing is available to allow unplanned emergency repairs or maintenance. The Parks Manager will work closely with the Contractor to develop a specific procedure required to react to landscape maintenance emergencies.

P. Reporting and Inspections
Regular inspections of the maintained areas will be completed by the Parks Manager and/or his designee weekly or as required. Communication with the Contractor and documentation of inspection reports will be through written inspection reports, faxes, e-mails, photographs, Global Positioning System (GPS) coordinates, and video recordings. Contractor shall be in possession of sufficient equipment to receive, review, and respond to reports in any format.

A written report is to be given to the Parks Manager daily if and when unusual circumstances arise, suspicious people are observed, lighting is inoperable, major irrigation breaks occur, safety hazards are present, etc. For emergencies and safety hazards, the Parks Manager is to be called immediately.

Unusual horticultural problems such as pests, diseases, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the Parks Manager or the Director’s attention when they are noticed.

The Contractor’s supervisor and the Parks Manager and/or his designee shall meet once per month to review the work site(s) to ensure compliance with the contract specifications and standards. At this meeting, Contractor’s shall submit a monthly written report listing major accomplishments for the previous month, notable problems, schedule changes, and goals and deadlines for the coming month.

Contractor is responsible to initiate the monthly meetings and the Parks Manager will be responsible for documenting the meetings. Lack of a complete and timely monthly report may delay payment.

The Parks Manager and/or his designee shall report any maintenance discrepancies to Contractor.

Contractor shall correct any discrepancies at Contractor’s cost within five (5) business days of written notification.

A weekly inspection report will be provided by the Parks Manager and/or his designee to the Contractor to notify the Contractor of any deficiencies and discrepancies.

Q. Chemicals
No Category I pesticides shall be used. Category II pesticides may be used with the authorization of the Parks Manager. City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Material Safety Data Sheets (M.S.D.S.) shall be provided to City at least one (1) week prior to the use of that chemical. Materials used shall be non-staining, noncorrosive and shall not leave a flammable residue.

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The Contractor is also responsible for submitting chemical usage reports to the Tulare County Agricultural Department.

R. Fertilization
Fertilizer shall be applied as needed for healthy, vigorous plant growth. City anticipates that nitrogen will be the main deficiency in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Turf shall be fertilized to keep a healthy green appearance at all times. Fertilization will be performed a minimum of four times per year. Two of these applications will be applied with slow-release fertilizer and the other two with quick release fertilizer. All turf fertilizer shall be watered thoroughly within 2 hours of application.

Fertilizer will be put down according to the following schedule (dates are approximate due to weather fluctuations). Contractor to advise Director or designated representative of planned fertilizer applications at least ten (10) days before they take place.

March-April Slow-release fertilizer shall be applied in early spring June Quick release shall be applied in early summer
Early September Quick release shall be applied a second time in summer Mid-October Slow-release fertilizer shall be applied in early fall Annual flowers will be fertilized with a slow-release fertilizer every eight (8) weeks. Flowering is encouraged with regular applications of 0-10-10 fertilizer.

Soil analysis shall be performed when and where necessary. Fertilizer and/or other soil amendments are to be added as recommended by the laboratory performing the analysis. Costs for this analysis will be billed to City after receiving prior approval from Parks Manager.

S. Organic Soil Amendments and Mulches
Contractor will use only commercially available organic soil amendment or ground wood product that is nitrogen-stabilized, such as bark or sawdust. Shredded redwood bark shall not be used.

Wood chip mulch shall consist of clean wood chips that are compatible with what is presently on site.

Chips produced from tree trimmings containing leaves or small twigs are not considered acceptable unless authorized by the Parks Manager.

Any topsoil applied shall be a fertile, friable soil of loamy character that is capable of supporting healthy plant growth.

T. Debris Removal and Surface Cleanup
Contractor shall keep all landscaped areas, walkways, and building entrances/ exits free from trash and debris. All paper and trash at these job sites, including parking lots, shall be removed by Contractor. If there is a large and continual amount of trash, Contractor shall report it to the Parks Manager immediately.

Contractor is responsible for cleanup and disposal at his own expense of all debris, trimmings, clippings, etc., resulting from maintenance operations. Excessive leaves and litter (dead twigs, branches, leaves, bark, etc.) shall be removed as it accumulates in maintained areas. Tree wells in hardscape areas shall EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 19 OF 33
be kept free of litter. Pine needles and tree debris which fall into ground cover areas must be removed weekly. Leaves and other organic material which might be useful in some landscape areas as mulch may be left in place upon prior approval of City’s representative.

Blowing of sidewalks, curbs, entrances, and parking areas will be done weekly. In cases where blowing is insufficient to clean up after the Contractor’s operations, the area will be washed down with a hose or swept. Cleanups may be required more often than weekly during some seasons.

Contractor shall be responsible for weekly parking lot sweeping, blowing, and removal of debris, clippings, leaves and trash within 5 feet of curb lines, planter curbs, sidewalk edges, and behind tire stops unless specified different for that site. Interior areas of parking lots will be swept by City street sweeper.

EXHIBIT A – GENERAL PROVISIONS
PAGE 20 OF 33

GENERAL PROVISIONS
I. Independent Contractor
It is understood and agreed that Contractor (including Contractor’s employees) is an independent Contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel shall be entitled to benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Agreement, and Contractor shall be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Contractor’s employees or third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefore exists for any purpose whatsoever reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement. (As used in these General Provisions, the term "Services" shall include both Services and Additional Services as such terms are defined elsewhere in this Agreement).

It is further understood and agreed by the parties hereto that Contractor, in performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Contractor for accomplishing such results.

If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Contractor’s assigned personnel and subcontractors.

The provisions of this Section shall survive any expiration or termination of this Agreement. Nothing in this Agreement shall be construed as to create an exclusive relationship between City and Contractor.

II. Laws to be Observed
It shall be the Contractor’s responsibility to be fully informed of all existing and future State and National Laws and all municipal ordinances and regulations of the City of Tulare which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

III. Alien Labor
The Contractor shall forfeit as penalty to the City of Tulare, ten dollars ($10.00) for each alien knowingly employed in the execution of the contract, by Contractor or by any subcontractor under Contractor on any part of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and, in particular, Sections 1850 and 1854 thereof, inclusive.

EXHIBIT A – GENERAL PROVISIONS
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IV. Hours of Labor
The Contractor shall forfeit, as penalty to the City of Tulare, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract by Contractor, or by any subcontractor under Contractor, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and, in particular, Sections 1810 through 1815 thereof inclusive.

V. Labor Discrimination
No discrimination shall be made in employment of persons upon Public Works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter I of Part VII in accordance with the provisions of Section 1735 of the Labor Code.

VI. Prevailing Wage
The Contractor shall forfeit as penalty, to the City of Tulare fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under the attached contract, by Contractor, or by any subcontractor under Contractor, in violation of the provisions of the Labor Code and in particular Sections 1770 to 1781 thereof, inclusive.

The City of Tulare has ascertained the general prevailing rate of wages applicable to the work to be done as set forth in the Notice Inviting Bids.

VII. Licenses and Permits, Etc.

Contractor represents and warrants that Contractor has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Contractor to provide any Services under the Agreement. Contractor represents and warrants that Contractor, at its sole cost and expense, will keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for Contractor to provide such services. Without limiting the generality of the foregoing, if Contractor is an out-of-state corporation, Contractor warrants and represents it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

VIII. Time
Contractor shall devote such time to the performance of Services pursuant to this Agreement as may be necessary for satisfactory performance of Contractor obligations under this Agreement. Neither party shall be considered in default of this Agreement, nor be entitled to additional compensation, to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.

IX. Contractor Not Agent
Except as City may specify in writing, Contractor or Contractor’s personnel shall not have authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.

EXHIBIT A – GENERAL PROVISIONS
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X. Confidentiality of City Information
During performance of this Agreement, Contractor may not gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, customer lists, product design, copyright, data and other vital information (hereafter, collectively referred to as "City Information”) which are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor may not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City information to any third party without the prior written consent of the City. A violation by Contractor of this Section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

XI. Contractor Information
City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor pursuant to this Agreement. In this Agreement, the term "information" shall be construed to include: any and all work product, submittals, reports, plans, specifications, deliverables consisting of documents, writings, handwritings, typewriting, printing, photocopying, photographing, computer models, and any other computer data and every other means of recording any form of information, communication representation, including letters, works, pictures, drawings, sounds or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.

Contractor shall fully defend, indemnify, and hold harmless City, its officers, employees, and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten (10) days after City is served with any such action, lawsuit or other proceeding, providing that City’s failure to provide within such time period shall not relieve Contractor of its obligations hereunder which shall survive any termination or expiration of this Agreement.

All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with any services performed by Contractor, will be disclosed upon receipt of a request for disclosure, pursuant to the California Public Records Act; providing however, that, if any information provided to City is set apart and clearly marked "trade secrets", City shall give notice to Contractor of any required disclosure of such information. The Contractor shall then have five (5) days from the date it receives such notice to enter into an agreement with the City satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff’s attorney) incurred by City in any legal action to compel the disclosure of such information under the California Public Records Act. The Contractor shall have some responsibility for defense of the actual "trade secret" designation of such information.

The parties understand and agree that any failure by Contractor to respond to the above notice provided by City and/or to enter into an agreement with City shall constitute a complete waiver by Contractor of any rights regarding the information designated "trade secret" by Contractor, and such information shall be disclosed by City pursuant to applicable procedures required by the Public Records Act.

EXHIBIT A – GENERAL PROVISIONS
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XII. Standard of Performance
Contractor shall assign only competent personnel to Services pursuant to this Agreement. Contractor shall notify City in writing of changes in Contractor’s staff assigned to perform the Services required under this Agreement, prior to any such performance. In the event that City, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Contractor to perform Services pursuant to this Agreement, because City in its sole discretion, determines that such person(s) is not performing adequately, Contractor shall remove such person(s) immediately upon receiving notice from City of the desire of City for the removal of such person(s).

XIII. Public Liability Insurance
As a condition precedent and prior to commencement of the work to be performed pursuant to this Agreement, the Contractor shall furnish the City of Tulare executed special endorsement forms for general liability, automobile liability, and workers compensation and employer's liability. The insurance requirements for Contractor together with the special endorsement forms, which the Contractor is expected to deliver, are annexed into this specification booklet and are considered a part of the contract. Said insurance requirements for Contractor require naming the City of Tulare, its officers, employees and agents as co-insured’s and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees and agents of the Contractor, and arising out of or in connection with the work which is the subject of this Agreement.

Notwithstanding any inconsistent statement in the insurance policy or certificate or any subsequent endorsement attached thereto, the City of Tulare shall be insured or named as additionally insured, covering the work which is the subject of this Agreement, whether liability is attributable to the Contractor or to the passive or active negligence of the City of Tulare. Said insurance shall be in effect on the date the work is commenced and shall expire no sooner than one (1) year after the date on which the work is completed and accepted by the City of Tulare. The cost of providing this insurance requirement shall be borne by the Contractor.

All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that in the event of expiration, cancellation or any reduction in scope or coverage of such policies for any reason whatsoever, the City of Tulare shall be notified by registered mail, return receipt requested, giving it sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than thirty (30) days before the cancellation or any reduction in scope or coverage is effective.

XIV. Programming Work and Maintaining Traffic
The Contractor shall so conduct Contractor’s operations as to cause the least possible obstruction and inconvenience to the public.

The Contractor shall furnish, erect and maintain such fences, barriers, lights and signs as are necessary to give adequate warning to the public at all times that work is under construction and of any dangerous conditions to be encountered as a result thereof, and Contractor shall also erect and maintain such warning and directional signs as required by the Inspector.

Residents along the road or street shall be provided access to driveways, houses and buildings, as directed by the Public Works Inspector. Temporary crossings shall be provided and maintained in good condition.

Not more than one cross or intersecting street or road shall be closed at any one time without the approval of the Public Works Inspector. In order to protect the public from dust nuisance, or damage EXHIBIT A – GENERAL PROVISIONS
PAGE 24 OF 33
to property along the line of work, the Contractor shall adequately sprinkle the grade with water as often as necessary to control the dust.

XV. Registration of Contractors
Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code.

XVI. Patents
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.

XVII. Term, Suspension, Termination
This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

City shall have the right at any time to temporarily suspend Contractor’s performance, hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

City shall have the right to terminate this Agreement at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering Services pursuant to this Agreement. If City terminates this Agreement:

1. Contractor shall promptly deliver to City copies of all information prepared pursuant to this Agreement.

2. City shall pay Contractor the reasonable value of Services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the Agreement not been terminated or had Contractor completed the Services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as is in the judgment of the City necessary for City to determine the reasonable value of the Services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

XVIII. Indemnification
The Contractor hereby agrees to and shall protect, indemnify and hold harmless the City of Tulare and all officers, agents, representatives and employees thereof from any and all liability, claims or damages of whatsoever kind or character, including attorneys’ fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of the Contractors, Contractor's independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the City of Tulare or its officers, employees and agents while acting within the scope of their duties regarding the work to be performed pursuant to this Agreement. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims or liability. This Agreement shall be binding upon the Contractor whether or not there are any allegations of fault, negligence or liability of the indemnities hereunder.

EXHIBIT A – GENERAL PROVISIONS
PAGE 25 OF 33
The Contractor agrees that the use of any and all public streets and improvements, which are part of or subject to this Agreement shall be at all, times, prior to the final acceptance by the City of Tulare, the sole and exclusive risk of the Contractor. The Contractor further specifically agree that Contractor shall indemnify and hold free of any liability the City of Tulare for any accident, loss, or damage to the work which is the subject of this Agreement prior to its completion and acceptance by the city.

XIX. Entire Agreement
This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Tulare City Code.

XX. Severability
If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

XXI. Waiver
Neither City acceptance of, or payment for, any Service or Additional Service performed by Contractor, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

XXII. Enforcement of Agreement
This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Tulare County in the State of California, and the parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

XXIII. Assignment Prohibited
The expertise and experience of Contractor are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

XXIV. Binding Effect
This Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the parties, subject to the General Provisions.

XXV. Contractor's Responsibility
Except as provided above, until the formal acceptance of the work by the City of Tulare, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage of any other cause whether arising from the execution or from the non-execution of the work. The Contractor shall EXHIBIT A – GENERAL PROVISIONS
PAGE 26 OF 33
rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the federal government or the public enemy.

XXVI. Responsibility of City
The City of Tulare shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 27 OF 33

EXHIBIT B

CONTRACTOR PROPOSAL

TO THE CITY OF TULARE
The undersigned declares that he has carefully examined the locations of the proposed work, that he has examined the plans and specifications and read the accompanying instructions to Contractors, and hereby proposes to do all the work required to complete said work in accordance with the plans, specifications, and special provisions for the unit or lump sum price set forth in the following schedule:

Route C ~ West
North Oak Estates, The Grove/Ponding Basin, Westwood Village Estates, Admiral Estates/Gail Estates and Heritage North, Valley Estates/Montecito and Sherwood North, Westgate Estates #1-4, Oakcrest Subdivision, Liberty Hill Subdivision, Blackstone/Bardsley Parkway, Blackstone Greenway, Claude Meitzenheimer Center, City Hall, Police Department & House, Tulare Public Library – Old, Tulare Public Library – New, Tulare Senior Center, Civic Affairs Building, Tower Square, K Street to L Street Trail/Transit Center, L Street to O Street Trail, Santa Fe Trail Grade Separation Pedestrian Trail Trash Cleanup, and Santa Fe Trail Grade Separation (J & I St.), and Greyhound Bus Terminal.

The undersigned agrees to provide complete landscape maintenance for 12 months at the following areas for the following amounts:

LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 050-5001
North Oak Estates
Improvement include 7,890 sq. ft. of landscaping
including turf and planter areas and block walls and
sidewalks adjacent to the landscaped areas, located
along the east side of Oaks St between Washington
Ave and Kennedy Ave.
$282.86 $268.71 $240.43 $226.28 $212.14
050-5002
The Grove/Ponding Basin
Improvements include 23,792 sq. ft. of
landscaping including turf and planter areas
located along the west side of Oaks St, south
of Prosperity Ave. and along the south side
of Prosperity Ave, west of Oaks Street
$631.40 $599.83 $536.69 $505.12 $473.55
050-5004
Westwood Village Estates
Improvements include 12,686 sq. ft. of land-scaping
including turf and planter areas and block
walls/sidewalks adjacent to the landscaped areas,
located along the north side of Cross Ave between
West St. and Sacramento St. and along the east side
of West St., north of Cross Ave.
$419.07 $398.12 $356.21 $335.26 $314.30
050-5012
Admiral Estates/Gail Estates and
Heritage North
Improvement includes 16,386 sq. ft. of landscaping
including turf and planter areas and block walls and
sidewalks adjacent to the landscaped areas and a
security chain link fence adjacent to the TID canal,
and supplemental preventative maintenance on
local streets within the District boundaries which
include various subdivisions located between Gail
Ave. and Zumwalt Ave.
$509.61 $484.13 $433.17 $407.69 $382.20
EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 28 OF 33

Contractor Proposal
Route C ~ West
LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 050-5013
Valley Estates/Montecito and Sherwood
North
Improvements include 53,184 sq. ft. of landscaping
including turf and planter areas and block walls and
sidewalks adjacent to the landscaped areas, and
supplemental preventative maintenance on local
streets within the District boundaries which include
various subdivisions between Cross Ave and Merritt,
and between Cromley St. and Denair St.
$1,201.21 $1,141.15 $1,021.03 $960.97 $900.91
050-5016
Westgate Estates #1-4
Improvement include 42,636 sq. ft. of landscaping
including turf and planter areas and block walls and
sidewalks adjacent to the landscaped areas, and
supplemental preventative maintenance on local
streets within the District boundaries located
between the Santa Fe Trail and Tulare Drive, north of
Inyo Ave.
$839.84 $797.85 $713.86 $671.87 $629.88
050-5024
Oakcrest Subdivision
Improvements include approximately 28,451 sq. ft.
of landscape including turf areas, block walls, and
sidewalks adjacent to the landscape areas, and
supplemental preventive maintenance of local
streets. District is located along the northside of
Tulare Ave. east of Enterprise St.
$678.63 $644.69 $576.83 $542.90 $508.97
050-5025
Liberty Hill Subdivision
Improvements include approximately 128,461 sq. ft.
of landscape including turf and planter areas, block
walls, and sidewalks adjacent to the landscape areas,
approximately 45,684 sq. ft. of neighborhood park
space, and supplemental preventive maintenance of
local streets within the district boundaries. District is located at the northwest corner of Bardsley Ave. and
West St.
$2,817.42 $2,676.55 $2,394.81 $2,253.94 $2,113.07
001-4410
Blackstone/Bardsley Parkway
Improvements include 33,733 sq. ft. of landscaping
including turf and planter areas and block wall and
sidewalk adjacent to the landscape areas, located
along the north side of Bardsley Ave, west of
Blackstone St to the alley at Cesar Chavez Park and
the west side of Blackstone St from Sonora to just
north of Bardsley Ave
$791.42 $751.85 $672.71 $633.13 $593.56
001-4410
Blackstone Greenway
Improvements include 114,005 sq. ft. of
landscaping including turf and planter areas and
block wall and sidewalk adjacent to the landscape
area, located along the east side Blackstone St
from the Prosperity/Highway 99 off-ramp to Lindell
Ave.
$1,201.23 $1,141.17 $1,021.05 $960.99 $900.93
001-4410
Claude Meitzenheimer Center
Improvements include 108,373 sq. ft. of
landscaping including turf and planter areas and
fence lines, and parking lots and sidewalks adjacent
to the landscape area, located at 830 S. Blackstone
St.
$854.92 $812.17 $726.68 $683.93 $641.19
EXHIBIT A – GENERAL PROVISIONS
PAGE 29 OF 33

Contractor Proposal
Route C ~ West
LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 001-4410
City Hall
Improvements include 18,946 sq. ft. of landscaping
including turf and planter areas and parking lot and
sidewalks adjacent to the landscaping area, located
at 411 E. Kern Ave.
$176.29 $167.47 $149.84 $141.03 $132.22
001-4410
Courthouse
Improvements include 19,911 sq. ft. of landscaping
including turf and planter areas and parking lot and
sidewalks adjacent to the landscaping area, located
at 411 E. Kern Ave.
$160.00 $152.00 $136.00 $128.00 $120.00
001-4410
Police Dept. & House
Improvements include 39,482 sq. ft. of landscaping
including turf and planter areas and parking lot and
sidewalks adjacent to the landscaping area, located
at 260 S. M St.
$336.09 $319.28 $285.68 $268.87 $252.07
001-4410
Tulare Public Library (old)
Improvements include 27,733 sq. ft. of landscaping
including turf and planter area located at 113 N. F St. $498.98 $4747.03 $424.13 $399.19 $374.24
001-4410
Tulare Public Library (new)
Improvements include 113,662 sq. ft. of landscaping
including turf, and planter area and parking lot and
sidewalks adjacent to the landscaping area, located
at 475 N. M St.
$821.78 $780.69 $698.51 $657.42 $616.33
001-4410
Tulare Senior Center
Improvements include 104,943 sq. ft. of landscaping
including turf and planter areas and parking lot and
sidewalks adjacent to the landscaping area, located
at 201 N. F St.
$222.36 $211.25 $189.01 $177.89 $166.77
001-4410
Civic Affairs Building
Improvements include 2,979 sq. ft. of landscaping
including turf and planter area and parking lot and
sidewalks adjacent to the landscaping area, located
at 125 S. M St.
$126.90 $120.55 $107.86 $101.52 $95.17
018-4350
Tower Square
Improvements include 53,587 sq. ft. of landscaping
turf and planter area and parking lot and sidewalks
adjacent to the landscaping area, located west of “K”
St to “J” St and just to the north of Tulare Ave, and
just south of San Joaquin Ave.
$1,093.32 $1,038.65 $929.32 $874.65 $819.99
018-4350
K/L St. Trail/Transit Center
Improvements include 55,467 sq. ft. of landscaping
turf and planter areas and parking lot and sidewalks
adjacent to the landscaping area, located on the
Santa Fe Trail between “K” St and “L” St.
$496.17 $471.36 $421.75 $396.94 $372.13
018-4350
L to O St. Trail
Improvements include 48,579 sq. ft. of landscaping
turf and planter areas and sidewalks adjacent to the
landscaping areas, located on the Santa Fe Trail
between “L” St and “O” St.
$406.97 $386.62 $345.92 $325.57 $305.22
018-4350
Santa Fe Trail Grade Separation
Pedestrian Trail Trash Cleanup
Improvements include 15,752 sq. ft. of a concrete
pedestrian trail, located between “J” St and “I” St
just south of Cross Ave arching over the Railroad to
link the east side of the Santa Fe Pedestrian Trail to
the west side.
$121.91 $115.81 $103.62 $97.52 $91.43
EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 30 OF 33

Contractor Proposal
Route C ~ West
LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 018-4350
Santa Fe Trail Grade Separation, (J & I St.)
Improvements include 24,707 sq. ft. of landscaping pl
areas and parking lot and sidewalks adjacent to the
landscaping areas, located on the east side of “J” St to and the east side of “I” St.
$439.40 $417.43 $373.49 $351.52 $329.55
009-4132
Greyhound Bus Terminal
Improvements include 9,638 sq. ft. of landscape
planter area and adjacent sidewalks, located
between “K” St and “J” St just south of the Santa Fe
Grade Separation Pedestrian Trail.
$210.25 $199.74 $178.71 $168.20 $157.69
Instructions: Contractor is to bid each area within each Route at all five (5) levels of service (see page 22-23 for Levels of Service) at a monthly cost for the initial twelve months (dates). After the initial twelve months, the Contractor agrees to a calendar year increase based on Consumer Price Indexes for the remaining contract time period. The annual increase will occur on February 1 as described under Contract Price Adjustment, page 13. The City reserves the right to select the service for each district which will determine the bid price. Contractors are cautioned to make sure amounts are adequate for each level. Each quadrant bid will be awarded to a Contractor at a service level which will be determined by the City.

PROPOSALS MAY BE REJECTED BY THE CITY COUNCIL IF THEY SHOW ANY ALTERATION OF FORM, ADDITION NOT CALLED FOR, CONDITIONAL OR ALTERNATIVE BIDS, INCOMPLETE BIDS, ERASURES OR IRREGULARITIES OF ANY KIND. THE RIGHT IS RESERVED BY THE CITY COUNCIL TO REJECT ALL PROPOSALS AND TO WAIVE ANY IRREGULARITIES IN ANY BID AT ITS DISCRETION.

Parking Lot &
Location Turf Sq. ft. Planter Sq. ft. Hardscape Sq. ft.

North Oak Estates 5,982 1,908 0
The Grove & Ponding Basin 8,670 15,122 0
Westwood Village 4,228 8,458 0
Admiral Estates/Gail Estates, Heritage North 2,739 13,647 0 Valley Estates/Montecito, Sherwood North 11,261 33,034 8,889 Westgate Estates #1-#4 18,320 24,316 0
Oakcrest Subdivision 0 28,451 0
Liberty Hill 45,684 128,461 0
Blackstone & Bardsley Parkway 18,139 15,594 0
Blackstone Greenway 57,080 56,925 0
Claude Meitzenheimer Center 63,025 10,031 35,317
City Hall 3,005 5,462 10,479
Courthouse 1,943 1,166 16,802
Police Department & House 7,031 4,971 27,480
Tulare Public Library (old) 15,692 12,041 0
Tulare Public library (new) 15,134 27,076 71,452
Tulare Senior Center 8,195 5,398 91,350
Civic Affairs Building 0 2,379 600
Tower Square 6,098 10,689 36,800
“K” St. – “L” St. Trail/Transit Center 25,915 627 28,925 “L” St. – “O” St. Trail 9,846 38,733 0
Santa Fe Grade Separation Ped Trail Trash Cleanup 0 0 15,752 Santa Fe Grade Separation J/I Street 0 24,707 0
Greyhound Bus Terminal 0 9,638 0
Total 327,987 sq. ft. 478,834 sq. ft. 343,846 sq. ft.

EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 31 OF 33

Contractor Proposal
Route C ~ West
Turf Square Feet:
327,987 x $ 0.17976 per Sq. Ft. per Yr. = $ 58,960.10 Per Year Planter Square Feet:
478,834 x $ 0.154333 per Sq. Ft. per Yr. = $ 73,897.44 Per Year Hardscape Square Feet:
343,846 x $ 0.14890 per Sq. Ft. per Yr. = $ 51,198.68 Per Year Route C ~ West
TOTAL YEARLY COST = $ 184,056.22 Per Year
Additional Unit Prices
As new areas are completed or other areas requiring maintenance, they may be added to the existing contract. All work is to be performed per the City of Tulare Maintenance Specifications. Show unit costs below:

Item Quantity Unit Cost
Annual Flowers – per specifications Per Flat $ 50.00
Extra Work not included as Part of Contract Cost per hour $ 55.00 Contractor
David Moo_______________________________
(Owners)
BrightView Landscape Services, Inc.___________
(Firm Name)
6601 W. Goshen Avenue____________________
(Address)
Visalia, CA ______________________93291____
(City) (Zip)
________________________________________
(Signature)
EXHIBIT C – MAP ROUTE
PAGE 32 OF 33

EXHIBIT C

MAP ROUTE

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE D

CITY OF TULARE

PROFESSIONAL LANDSCAPE MAINTENANCE CONTRACTOR

AGREEMENT FOR ROUTE D
This Agreement is entered into this 1st day of February 2024, by and between Perfect Care Landscape & Maintenance, hereinafter referred to as “Contractor” and the City of Tulare, a chartered city of the State of California, hereinafter referred to as “City.” The term “Contractor” as used in this agreement shall mean the Contractor, his agents, employees, representatives, and subcontractors.

1. WORK TO BE PERFORMED. Contractor shall perform in a good workmanlike and substantial manner the maintenance services as set forth in this Agreement and “SPECIFICATIONS AND CONDITIONS FOR LANDSCAPE MAINTENANCE SERVICES” (attached).

2. PLACE OF PERFORMANCE. Contractor shall perform all required services at the locations described in Exhibit B (description and map).

3. TERM OF CONTRACT. Successful Contractor(s) will be awarded a two-year service agreement, ending in 2021. This contract may be renewed for three additional one-year periods unless notice is given in writing by either party thirty (30) days in advance of contract termination.

4. CHANGES IN WORK TO BE PERFORMED OR PLACES OF PERFORMANCE. City may make changes in the work to be performed, place of performance, or both, by giving thirty (30) days written notice to Contractor of the effective date of any such change. In the event that City makes a change or changes pursuant to this paragraph, the matter of any increased or decreased compensation that may be due to Contractor shall be negotiated between the parties and will be based in part on similar situations in the contract, if such situations exist.

5. AUTHORITY OF THE DIRECTOR OF COMMUNITY SERVICES. The Community Services Director shall have the authority to take such action as is reasonably necessary to administer the contract including making decisions and determinations as provided for in this Agreement. All instructions, rulings and decisions of the Community Services Director or designee shall be final and binding.

6. SATISFACTION OF CITY. Maintenance services performed by Contractor shall be performed to the satisfaction of the Community Services Director or designated representative.

7. WORK DEFICIENCIES AND CORRECTIONS. All work deficiencies of Contractor shall be corrected within five (5) days of written notification from City. Failure to comply within five (5) days may, at City’s sole discretion, result in action being taken by the City, including, but not limited to, correcting the deficiency and deducting any associated costs incurred thereby from the total monthly compensation due Contractor.

Serious violations in this regard may result in deletion of site(s) from contract and/or, the termination of this Agreement.

8. FAITHFUL PERFORMANCE BOND. Contractor shall provide the City with a faithful performance bond or other security for performance in a form acceptable to the City, and in an amount equal to one hundred percent (100%) of the original contract amount. Said bond or other security to remain in full force and effect for the duration of this Agreement and for sixty (60) days beyond the termination of this Agreement. The security shall guarantee faithful performance by the Contractor of all Contractor’s obligations and responsibilities under this Agreement.

9. PAYMENT BOND. Contractor shall provide City with a payment bond in the amount of fifty percent (50%) of the original contract amount to secure the payment of claims for labor and materials. Said bond or

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE D

other security to remain in full force and effect for the duration of this Agreement and for sixty (60) days beyond the termination of this Agreement.

10. CONTRACTOR IS AN INDEPENDENT CONTRACTOR. The parties intend that the Contractor in performing the services herein specified shall act as an independent contractor and shall have control of his work and the manner in which it is performed. Contractor is not to be considered an agent or employee of the City, and is not entitled to participate in any pension plans, or similar benefits, including workers’ compensation, that the City provides for its employees.

11. COMPENSATION. The Contractor agrees to receive and accept the following prices as full compensation to furnish all the materials and do all the work contemplated in this Agreement, except for such materials as are mentioned in the specifications to be furnished by the City:

A. Yearly Compensation. The total yearly compensation payable to Contractor for performance of maintenance services pursuant to this Agreement shall be $237,922.44 for 12 months.

B. Additional Work. Additional, extra, or vandalism work may be added to the existing contract at existing prices or placed out to bid formally and/or informally at the City’s sole discretion. All additional, extra, or vandalism work shall be approved in writing by the Director or designated representative before the work can be performed. As new landscaped areas are completed, or other areas are added that require maintenance, the new areas may be added to the existing contract at existing contract prices, negotiated prices or placed out to bid formally and/or informally at the City’s sole discretion. All work is to be performed per City of Tulare maintenance specifications. Should the additional, extra, or vandalism work require materials not included in the existing contract, Contractor shall be reimbursed for material costs based on actual invoices submitted by suppliers. As an alternative, City shall have the option of supplying necessary materials.

C. Manner and Time of Payment. Contractor shall submit to City an invoice by the fifth of each month for one-twelfth (1/12) of the yearly compensation and for such additional authorized work as shall have been performed within the preceding month. The Contractor will be paid monthly in arrears for work performed satisfactorily under the contract. For months in which there is only partial performance under this Agreement, the monthly compensation shall be prorated.

D. Contract Price Adjustment. Contract price adjustment as determined by the City of Tulare’s Finance Department using the Consumer Price Index for Tulare may take place annually for term of contract effective February 1, 2024. The contract unit prices may be changed in an amount equal to the percentage movement for the twelve-month period of each contract year, but in no event may exceed 5% increase per year. The contract price changes as a result of this formula shall be binding on the Contractor for the subsequent July 1-June 30 budget year. The adjustment of the bid price shall not be retroactive and shall apply only to changes incurred after approval.

12. CONTRACTOR’S RESPONSIBILITY FOR COMPLIANCE. The City shall remain responsible for any water-conservation goals, requirements, mandates, directives, legislation, or regulations, as may be or become in force at the property serviced by this Agreement. Nothing contained in this Agreement shall serve to shift the burden of compliance with such Regulations on the Contractor, or to imply or require that the Contractor will be responsible for any or all costs or damages associated with revising the irrigation schedule to accommodate the Regulations whether such revision has the net effect of less or more irrigation. City alone shall be responsible for any failure to comply with the Regulations or any of them, any damages caused by or allegedly caused by efforts to comply with or incorporate the Regulations, any and all claims, damages, actions, enforcement proceedings, penalties, assessments, tenders of defense or indemnity asserted by any party. Any regulated substances required to be applied as part of the Service shall be applied in accordance with applicable laws and regulations by properly licensed personnel and Contractor shall not be held liable for the use of such substance if properly applied in accordance with applicable laws and regulations.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE D

13. PERMITS, LICENSES AND CERTIFICATIONS. The Contractor shall obtain and, when requested, provide verification of any and all permits, licenses or certifications necessary to do the work required under this Agreement.

14. MINIMUM LIABILITY AND INSURANCE.

A. Liability. Contractor shall take all precautions necessary for the safety of and prevention of damage to property on or adjacent to the work site, and for the safety of and prevention of injury to persons, including City employees, Contractor’s employees, and third persons, on or adjacent to the work site. All work shall be performed according to law and entirely at Contractor’s risk.

B. Hold Harmless and Indemnification. To the fullest extent permitted by law, Contractor expressly undertakes to and shall defend, indemnify and save City, its officers, agents and employees free and harmless from and against any and all third-party claims, demands, damages, actions, expenses, suits, liabilities, or proceedings and other costs, including attorney’s fees, arising out of or in connection with any act, omission, work, duties, operations or negligence of Contractor or any of Contractor’s subcontractors, agents, employees, sub-lessees, or assignees arising out of any incident, injury, or damage whatsoever caused or occurring to any person or property on or arising out of the Contractor’s performance under this Agreement. The foregoing shall specifically include the obligation to defend, indemnify and save harmless City, its officers, agents, employees, or independent contractors, even if the claim, suit, action, expense, accident, injury, or damage has been caused partially by what may be characterized as, constitute, or be the equivalent of independent or passive negligence in any proportion, whether partial, concurrent or otherwise, on behalf of the City, or any of its officers, agents, employees, contractors or subcontractors. Moreover, Contractor hereby agrees to defend, indemnify, and save the City, its officers, agents, employees and independent contractors harmless from any and all claims, demands, damages, actions, expenses, attorney’s fees, and other costs that may arise out of or in connection with any failure of Contractor or any subContractor to take out or maintain such insurance or the insurance referred to in this Agreement. Contractor will defend Indemnitees until the dispute or claim is settled or a judgement rendered. At that time, the Indemnitees shall reimburse Contractor, based upon their own respective portion of the comparative negligence of all damages, losses, expenses and defense costs.

C. Insurance. During the term of this Agreement, Contractor shall maintain, pay all premiums, and keep in force the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Minimum Insurance Coverage

1. General Liability
a. Limits of Liability are to be not less than $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability products and completed Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Coverage is at least as broad as the unaltered Insurance Service Office (ISO) Form No. CG 00 01 10 01.

2. Automobile Liability
a. Limits of Liability are to be not less than $2,000,000 per accident for bodily injury and property damage.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE D

b. Coverage is at least as broad as the unaltered Insurance Service Office (ISO) Form No. CA 00 01 10 01

3. Employer’s Liability
a. Limits of Liability are to be not less than $2,000,000 per accident for bodily injury and $2,000,000 per person for disease.

4. Worker’s Compensation Insurance.
a. Limits of Liability shall be statutory.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Applicant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute to it.

3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

4. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to the City.

6. The workers’ compensation insurance is to contain, or be endorsed to contain, the following provisions:
a. The insurer shall waive its right of subrogation against the City, its officers, officials, employees, agents, or volunteers.
b. The policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice has been given to the City.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE D

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless expressly authorized in writing by the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before the work commences. The City reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage required by these specifications.

Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements as stated herein.

15. RECORDS. The Contractor shall keep accurate financial, time, and date records concerning all work or operations performed under this Agreement. Said records shall be available for City inspection upon reasonable notice.

16. MEETINGS. The Contractor shall meet with the Director or designated representative monthly, or more often as needed, for a walk-through of all areas of work to review Contractor’s performance under this Agreement. During the walk-through, City representative and Contractor may discuss any problems or matters of concern.

17. REPORTING REQUIREMENTS FOR HAZARDS, DEFECTS, SPECIAL MAINTENANCE, EMERGENCY MEASURES. Contractor shall notify City immediately of any hazardous conditions or defects on, in, or affecting the use of city property that would reasonably be found or become known during the performance of work or operations under this contract. When any hazardous condition, defect, or other situation requiring immediate maintenance attention is observed, Contractor shall take reasonable steps to alleviate any immediate hazard, defect, or danger and promptly notify the City and any appropriate authorities. Contractor shall be compensated for any such unscheduled work in accordance with the unscheduled or additional work rate set forth in Paragraph 10B.

18. NOTICES. Any notice to be given or made pursuant to this Agreement, including a notice of change in the address to which notices or payments are to be sent, be given by personal delivery to the other party or by mail addressed as follows:

TO CONTRACTOR: Perfect Care Landscape Maintenance
482 Ranch Acres Road
Tulare, CA 93274
TO CITY: City of Tulare
Community Services Department
Attn: Parks Division
830 S. Blackstone Street
Tulare, CA 93274
All notices shall be in writing. All payments shall be made by check or warrant. Notices given or made by mail shall be deemed given or made upon deposit of the notice, postage prepaid, in the United

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE D

States mail addressed in accordance with this paragraph. Notice of any changes of address shall be made in writing.

19. MODIFICATION OF AGREEMENT. Except as expressly or otherwise provided, this Agreement may be amended only by the mutual consent of the parties hereto, in writing.

20. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement shall be construed to be both a covenant and a condition.

21. WAIVER OF COVENANT OR CONDITION. One or more waivers or any breach of any covenant or condition shall not be construed as a waiver or a subsequent breach of the same or any other covenant or condition.

22. ENTIRE AGREEMENT. This Agreement comprises the entire Agreement of the parties hereto and no obligations other than those set forth shall be recognized.

23. ASSIGNMENT. Any assignment of the rights or obligations under this Agreement without the prior written consent of the City is prohibited and shall be null and void.

24. TERMINATION OF AGREEMENT. This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

City shall have the right to terminate this Agreement at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering services pursuant to this Agreement. If City terminates this Agreement:

A. Contractor shall promptly deliver to City copies of all information prepared pursuant to this Agreement.

B. City shall pay Contractor the reasonable value of Services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the Agreement not been terminated or had Contractor completed the Services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as is in the judgment of the City necessary for City to determine the reasonable value of the Services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

Contractor shall have the right to terminate this Agreement at any time by giving thirty (30) days prior written notice of termination to City.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE D

DATED: _________________________ BY: _________________________ City of Tulare City Manager
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Chief Deputy City Clerk Tulare City Attorney
CONTRACTOR:
__________________________ ___________________________
Paul Cardoza Joey Cardoza
EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 8 OF 31

EXHIBIT A

SPECIFICATIONS AND CONDITIONS FOR LANDSCAPE MAINTENANCE SERVICES A. General Conditions
Landscape maintenance for the City of Tulare shall be “priority work” for the successful Contractor. City facilities are high visibility, high traffic areas that must maintained with a sharp appearance. It is the intent of these specifications that Contractor maintain all areas as outlined in a clean, orderly, and costeffective manner for public view or use. The terms “Director” or “Community Services Director” shall mean the Director or designated representative.

B. Supplies and Equipment
The Contractor, at his own cost and expense, shall furnish and keep in good working order all necessary tools, equipment, and supplies of good quality and in the amounts necessary to fulfill these specifications. To accomplish an acceptable and professional level of maintenance, these supplies and materials shall include, but not be limited to:

1. Necessary mowers, trucks, edgers, aerators, seeders, hoses, tools, blowers, etc.

2. All necessary gas, oil, and parts for all equipment.

3. All necessary chemicals including: fertilizers, herbicides, insecticides, fungicides and rodenticides.

4. All parts necessary for the repair and proper maintenance of all irrigation systems.

5. All necessary horticultural supplies.

Contractor will substitute supplies and/or equipment at the request of the Director or designated representative.

C. Obligation of the Contractor
The Contractor, at his sole cost and expense, shall perform all labor and services and furnish all the materials, tools, equipment, supplies, and transportation as necessary for the performance of the scheduled work in accordance with these specifications. Unscheduled work, except for an emergency situation, shall be authorized by the Director or designated representative and shall be performed by the Contractor who then shall be compensated by the City on a time and materials basis. The time and materials schedule submitted by the Contractor shall be a part of this agreement.

Leaves, grass clippings, tree trimmings, and trash must be removed each time work is performed and legally disposed of by Contractor at his own expense.

D. Obligation of the City
City shall provide the following materials, supplies and/or service:

1. City is responsible for the replacement of damaged, vandalized and/or stolen irrigation system essential components, pumps, backflows and controllers, turf, landscaping, and related infrastructure unless damaged by contractor due to negligence or lack of maintenance, with the exception of tree stakes. Contractor is responsible for replacement of any and all tree stakes.

2. City is responsible for electrical and water utility costs and services.

3. City will provide contractor with emergency numbers for designated City representative and emergency personnel.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 9 OF 31
E. Subcontracting
A portion of the work covered by a contract awarded pursuant to these specifications can be subcontracted with prior approval of City. Contractor must develop procedures specifying how it will manage the subcontractor and maintain quality work and results through the subcontractor. Lists of subcontractors with their qualifications shall be submitted to City thirty (30) days before their intended use. All subcontractors must demonstrate they are United States citizens or have a legal right to work in the United States. All subcontractors must have the required insurance coverages and licenses as Contractor.

F. Contractor’s Personnel
Contractor shall provide sufficient qualified and trained personnel capable of meeting these terms, conditions, and specifications.

Contractor shall provide a list including all Contractors’ and subcontractors’ employees assigned to work sites. List shall include name for each Contractor employee and must demonstrate they are a United States citizen or have a legal right to work in the United States. Contractor must update list within fortyeight (48) hours of any change. In the event an employee leaves the employment of Contractor during the term of this agreement, Contractor is to immediately notify the City’s representative of their employee’s termination and confiscate the employee’s identification badge.

Contractor shall provide the City with names and telephone numbers of appropriate persons to be called in case of emergency.

Contractor will assign a qualified, trained supervisor to oversee work performed at the work site and to act as Contractor's liaison with City's representative. This supervisor shall have at least three (3) years of commercial landscape or municipal park maintenance supervision experience. The supervisor shall be able to speak, read, and write English and be capable of writing schedules, making monthly reports noting deficiencies in need of correction, and planning for upcoming major projects.

Contractor shall provide an ongoing documented training program for all Contractors’ employees performing work at City's work site. Training program shall include, but not be limited to, understanding of City's maintenance contract, quality standards, task definitions, M.S.D.S. sheets, Cal-OSHA regulations and all other safety regulations as required.

G. Work Performance
The Contractor will adhere to the highest quality standards of the landscape maintenance profession.

The specifications and standards shall be met by Contractor at all times regardless of Contractor's employees' absence or established staffing pattern and levels.

All material and workmanship shall be of the highest quality. All work shall be subject to the satisfaction of the Parks Manager, who may exercise such control of the work as is required to safeguard the interests of the City and private property owners.

Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take precautions required by all applicable governmental regulations.

The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 10 OF 31
H. Work Schedule
Contractor is to provide City with a work schedule describing the work to be performed in each area. All work schedules shall conform to all applicable City ordinances and be designed in a manner to provide the desired level of service. The Director or designated representative may modify the proposed work schedule as needed to provide the desired level of service. Clippings, cuttings, trash and debris shall be removed each time work is performed.

Contractor's normal work shall be performed between 6:00 a.m. and no later than 6:00 p.m., Monday through Friday (except holidays). All work is to be conducted in a professional manner that is not disruptive to City residents, visitors or offices, library or senior center patrons. Contractor will provide City a full-year schedule of all daily, weekly, biweekly, monthly, quarterly, semi-annual and annual services, giving specific days and dates. Any non-emergency work that may be deemed hazardous or disruptive (i.e., chemical spraying, tree pruning, etc.) will be scheduled at least two (2) weeks in advance with City representative. City reserves the right to change schedules for special events or to resolve conflicts with adjacent property owners/tenants.

For emergency work, Contractor must obtain written approval from City's representative prior to commencing work.

I. Level of Service
Levels of Service shall be maintained per specifications of this contract. Funding in each district will determine the required interval of service. The Contractor is to determine the work necessary to maintain each district in compliance with contract specifications. The City prefers the highest level of service this contract will provide but reserves the right to determine which level of service will be assigned to each district.

Level “A” Service One-week interval (52 weeks a year)
Level “B” Service Two-week interval for four months (November - February) One-week interval for eight months (March - October)
Level “C” Service Two-week interval (52 weeks a year)
Level “D” Service Once a month service for four months (November - February) Two-week interval for eight months (March - October)
Level “E” Service Once a month service (12 months a year) J. Special Notes
• When trimming around trees, the Contractor will be liable for damages incurred to the tree from string trimmers, mowers, etc.
• Contractor shall report anything that is unsafe, i.e., broken, or vandalized playground equipment, back stops, bleachers, etc., to Park Supervisorimmediately.
• Contractor must report any broken sprinklers, and/or any wet or dry areas to Park Supervisor immediately.

If area is too wet to mow, discontinue mowing of that area and contact the Park Supervisor to regulate or repair. Re-schedule the mowing of said area later that same week with the Parks Supervisor, provided area is no longer wet. Mowing of wet areas may cause ruts and it is the Contractor’s responsibility to repair any ruts caused by their equipment.
• Report any large limbs or hanging branches to the Park Supervisorimmediately.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 11 OF 31
• Report any unlawful activities to the Tulare Police Department immediately. • Report any damaged plants to the Park Supervisor immediately. • Mowers with mulching decks are preferred but not required, however if mower is equipped to bag clippings, it is the Contractor’s responsibility to dispose of the clippings at Contractor’s own cost and at the proper green waste disposal site for recycling purposes.
• Mowing height shall be at
i. Warm Season Grasses: 2.5 inches
ii. Cool Season Grasses: 3 inches
• If grass is tall due to irrigation, contact the Park Supervisor to have water regulated. • Contractors are responsible for all supplies and any other equipment required for the mowing routes. • The Contractor is responsible to supply Safety Data Sheets to their employees while working with any chemicals used during City of Tulare Park mowing operations. • Contractor must be able to contact City of Tulare Park Supervisor at all times, by means of cellular phone. • Contractor is not to drive on turf with any equipment other than the mower. • Contractor must meet with City of Tulare Park Supervisor for route locations before service begins. This will be to familiarize the contractor with parks and any other locations of Park Mowing Operations. • Contractor is responsible for any damages they caused to City of Tulare property, i.e., trees, structures, sidewalks, turf, sprinklers, etc.
• Aeration will be done on an as-needed basis when requested by the Parks Manager and/or his designee.

This is considered additional work and will be paid separately, based on the unit price provided in this contract. Contractor shall provide the Parks Manager a quote for work prior to work being started. Awarded Contractor is responsible for all equipment and services required for the aeration process.

SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES
A. Irrigation
Irrigation shall be performed as required to maintain proper plant growth in all areas. Daily shallow water applications are to be avoided in favor of deeper water applications and in quantities required by the different plant species at different times of the year.

Normal watering shall be accomplished at times of the night or early morning which promote the health of all plants and minimize the inconvenience to people using the area. Water on turf and groundcover areas is generally to be applied between 10:00 p.m. to 4:00 a.m. and 9:00am to 11:00am on assigned water days by Parks Manager, where possible, to lower the risk of fungus in cool season turf. Water shall be applied in short repeat cycles of 3-5 minutes each to prevent run-off into the street. Care shall be taken not to over-water or flood any soil.

Failure of an existing system to provide full and adequate coverage shall not relieve the Contractor of the responsibility to provide proper coverage of all areas using hose bibs, quick couplers, etc. Providing any supplementary hoses, sprinklers, nozzles, etc., necessary to accomplish full coverage shall be the Contractor’s responsibility.

The Contractor shall comply with the Water Conservation Ordinance, as found in Tulare Municipal Code Section 7.32. Information outlining this ordinance shall be provided to Contractor by the City. During periods of restricted water use, all governmental regulations shall be followed. Contractor shall perform a water audit when requested by Director or designated representative. Should modifications of irrigation systems and/or schedules be required to facilitate adherence to these regulations, the Contractor shall notify the Director or designated representative of the suggested modifications.

Irrigation water shall be carefully applied and monitored weekly by the Contractor. Excessive water runoff or overflow onto hard surface areas shall be kept to an absolute minimum so as to conserve water EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 12 OF 31
and not waste. During summer months, a weekly visual inspection of the irrigation system shall be performed to identify system defects. This includes, but is not limited to, breaks in lines, heads, leaks and wash outs, saturated areas or dry spots. Problems reported to the Contractor by the Director or designated representative must be corrected within twenty-four (24) hours of the report.

Contractor is responsible for proper adjustment of all components of the irrigation system, from the controllers to the individual sprinkler heads. All irrigation system components shall be inspected as needed and a written summary of any findings turned in within one week of inspection.

All irrigation controllers shall be adjusted seasonally and turned off during periods of rain. Contractor shall turn on and program controllers at the completion of each rainy period. Each time the schedule is changed, due to seasons or any other reason, a revised schedule shall be provided to the Parks Manager.

All irrigation equipment shall be maintained in good working condition and shall function properly at all times. The Contractor shall be responsible for the maintenance and/or replacement of all irrigation systems and their parts (excluding only the VFD, booster pumps, backflow prevention devices, irrigation controllers, irrigation decoders, and modules unless damage to these systems was caused by the Contractor or employees at his own expense). Included in the system are: remote control valves and boxes, box covers, gate valves, quick coupling valves, main lines, control wiring, lateral lines, all fittings and riser assemblies, hose bibs, sprinkler heads, and vandal-proof enclosures.

All minor repairs such as nozzle adjustments and repair of broken risers (lateral line and/or swing joint to sprinkler head) shall be included in the monthly maintenance cost. Contractor shall be responsible for minor repairs and will not bill these repairs as “Additional Work.” Replacement parts for irrigation systems shall be new and of similar or better quality as what was initially installed. The City’s representative may permit substitution of brand name parts only with advance approval. Unless included under minor repairs, Contractor will not purchase any new parts without prior approval by the Director or designated representative.

The Contractor shall, at least once a week, inspect all areas covered by an automatic irrigation system for any malfunction. Approximately thirty (30) days prior to contract conclusion, a comprehensive test of all irrigation systems shall be made by the Director or designated representative. Any repairs deemed the Contractor’s responsibility shall be made by the Contractor prior to the end of the contract period.

If the repairs made are not to the Parks Manager’s satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies as determined by the Director.

Irrigation systems which are damaged or altered in any way as a result of work performed under this contract shall be repaired or replaced by the Contractor in kind and in an approved manner. Repairs shall be made immediately after damage or alteration occurs, unless otherwise directed. For repairs not made, or not made to the satisfaction of the Parks Manager, the work will be done by others and billed to the Contractor.

Repairs made due to vandalism or faulty components shall be billed as extra work. Repairs to backflow devices and irrigation controllers will be either the City’s responsibility or extra work as determined by the Director or designated representative.

B. Pesticide Application
The Contractor shall be responsible for the control and elimination of weeds, insects, rodents and diseases affecting all work areas under his control. The Contractor shall possess all permits and licenses EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 13 OF 31
required by the State of California, Department of Food and Agriculture, prior to the application of any pesticide. A licensed, trained technician shall perform all chemical applications. Any pesticide used shall be listed on the State of California, Department of Food and Agriculture’s approved list and Contractor shall submit all pesticide use reports to the Tulare County Agricultural Commissioner.

Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the Tulare County Agricultural Commissioner. In addition, all pesticides used must have the written approval of the Director or designated representative prior to application of pesticides.

C. Weed Control
Pre- and post-emergent herbicides shall be used for weed control upon prior approval of the Parks Manager. A licensed, trained technician shall perform all chemical applications. Contractor shall notify City representative in advance of any chemical applications. City's representative must also have a copy of the current M.S.D.S. for every chemical being applied. Contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, the Department of Health, and the Department of Industrial Relations regarding the safe application of herbicides under this contract.

Care shall be taken to ensure the safety of the public and the contractor’s employees during chemical weed control operations. The Director or designated representative may restrict the use of chemical weed control in certain areas. Contractor shall exercise great care to avoid herbicide drift onto non-target plants and adjacent residential areas.

All turf grass areas and planter areas shall be treated for pre-emergent weed control at least twice yearly with a product approved by the Parks Manager. All shrub beds shall be kept in friable condition and free of weeds. All ground cover areas shall remain weed free. All fence lines, light standard bases, tree wells, buildings and structures shall be weed free.

Turf areas shall be sprayed as necessary for weed control. Where weed encroachment is on a small scale, weeds shall be removed manually. Weeds taller or broader than four inches (4") in the planted area shall be mowed, hoed or hand-pulled. Small weeds may be controlled by applying a foliage-applied or soil herbicide before the weeds exceed four inches (4"') in height. Dead weeds that are unsightly shall be removed. Existing mulched areas, sidewalks, and pathways shall be maintained weed free.

D. Disease, Rodent, and Insect Control
The Contractor is responsible for the inspection, control, and eradication of all disease, rodent, and insect infestations in the landscaped areas maintained under this contract. Contractor shall notify the Parks Manager when finding such a condition, and outline identification and control measures to be taken if the pests are causing damage or dramatically lessening the aesthetic quality of the plants.

Whenever an appropriate nonchemical treatment for a pest is available, its use shall be given preference over chemical treatment. Contractor shall provide timely recommendations for remedies to any chronic pest problems. Upon approval of the Parks Manager, the Contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and Contractor’s employees.

E. Tree Maintenance
Contractor shall provide proper watering of all trees, where water is available, whether done by automated irrigation systems or manually with the use of hoses. Trees shall be maintained in an erect, upright manner and shall be staked as necessary to maintain this position. Pruning and trimming of trees EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 14 OF 31
shall be limited to removal and disposal of any dead and/or broken branches and any sucker growth located in or on the tree.

Newly planted trees that do not have trunk caliper sufficient to support the tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between 2 approved 2" x 2" x 10' treated tree stakes. Split plastic hose or black tire casings held in place by 12-gauge wire shall be used to secure the young trees. Tree ties are to be inspected often for signs of girdling or abrasion.

Contractor shall remove or loosen any and all tree stakes and/or ties whenever damage to the trunk is being caused by girdling. Stakes shall be removed when the tree has sufficient strength to support itself.

Contractor shall be responsible for replacing and reinstalling all tree stakes that are missing or broken, whether from Contractor’s operations or through vandalism or theft.

All tree pruning activities shall be performed by trained, experienced personnel. All pruning is to be done in accordance with International Society of Arboriculture (I.S.A.) pruning standards. All personnel engaged in pruning activity shall be made aware of these standards by Contractor.

Contractor is totally responsible for any subcontractors they engage to do tree pruning or other work within the assigned job sites. Contractor's responsibility regarding subcontractors includes, but is not limited to, the quality of work and related experience, and appropriate liability insurance coverage. All subcontractors must be approved in advance by the Director or designated representative.

Contractor shall be responsible for all pruning which can be reached with a 12' pole saw by a worker standing on the ground. All trees are to be maintained in their natural shape. Canopy clearance is to be maintained above walks at 10'-0" and above streets at 14'-0" for pedestrian and traffic safety as per Ordinance Code 8.32.080.

The Contractor shall bring to the Director or designated representative’s attention within 24 hours any tree which shows root heaving, leaning, having hanger limbs, or is in some manner constituting a safety hazard.

F. Pruning and Edging of Shrubs and Groundcovers
Contractor shall be responsible for the pruning, edging, and thinning of all shrubs and ground covers to the satisfaction of the Director or designated representative. Pruning shall be done to promote the natural growth habit of each individual plant; to maintain proper plant health by cutting out dead, diseased or injured wood; and to control growth when an unshapely shrub or ground cover might otherwise result. All shrubs and bushes covering/ blocking a block wall shall be maintained at a height of no more the height of the block wall nor less than two (2) feet lower than the height of the block wall.

All cuts shall be made cleanly using sharp pruning tools leaving no branch stubs. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All dead, dying, or damaged branches shall be removed immediately.

All ground cover areas shall be kept free of weeds, trash, and debris. Planted areas may be sprayed and/or manually weeded.

Ground covers shall be trimmed on a regular basis. A four-inch (4") buffer zone shall be maintained around all obstacles and edges with the exception of shrubs and trees that will have a twenty-four-inch (24") buffer. All plant growth shall be prevented from covering or blocking electrical meters, irritation controllers, back flows, valve boxes, water meters and also from entering onto walkways, roadways, and other hard surface areas, unless to create a special effect, such as cascading over a wall or fence. Clear view of traffic signs and intersections is to be maintained at all times.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 15 OF 31
Ground covers that regenerate and flourish from occasional mowing may be mowed only between February 15 and April 1. To promote rapid regrowth, mowing of an entire stand of groundcover shall always be accompanied by fertilizer which is watered in. Edging shall be done to present a neat appearance and prevent overgrowth of curb or sidewalk. Edging shall not be done by chemical methods; unless a growth retardant is utilized that has been pre-approved by the Director or designated representative.

All ground cover/shrub areas where mulch is utilized are to be checked one time per year for maintenance of an even covering of approximately 1” of mulch.

G. Mowing, Edging, and Blowing of Turf
Contractor shall be responsible for mowing and blowing all turf grass area. Mowing shall occur once a week or as assigned depending on level of service during the growing season to maintain the proper height. Bermuda grass shall be mowed to maintain a height of no more than 1½ inches nor less than ¾ inch. Fescue and other cool season turf shall be mowed to a height of three (3) inches during spring and summer and no less than 2-½ inches during fall and winter. All turf grass shall be edged at least weekly on a vertical plane along sidewalks and other paved and hard surface areas as necessary to prevent overgrowth. Edging shall not be done by chemical methods.

If weather conditions do not permit regular mowing, longer intervals may be observed. Contractor is not to mow turf when it is in a wet, saturated condition that would cause rutting, tearing, or sliding on the turf surface, or when it could be unsafe for contractor’s employees to operate equipment.

Turf is to be cut with the size of equipment that will give a neat appearance without rutting, sliding over, or scalping the turf. This requirement will be strictly enforced, including cases of steep turf slopes.

Mowing patterns are to be changed weekly or however often necessary to avoid rutting.

Contractor will maintain sharp blades on all mowers. No mowing will be done without proper safety shields in place. Recycling mowers are allowed. Contractor shall be required to pick up and dispose of grass clippings after each mowing/edging operation unless the clippings are expected to dry and drop beneath the growing level of the turf within 24 hours.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. A string trimmer shall be used to trim around obstructions in the turf, such as valve boxes, header boards, etc., on a regular basis to obtain a crisp look. Trees, buildings, signs and all other obstructions not on the plane of the turf shall have a buffer zone maintained down to bare soil.

Tree basin buffers shall be twenty-four inches (24") in diameter for new trees and all other buffer zones shall be four inches (4") wide. The edges of these buffer zones should be neatly trimmed on a regular basis with a string trimmer.

Contractor shall be responsible for repair of damage caused by mowing or other activities. Any trees which have more than fifty percent (50%) of the trunk removed in a given three-inch (3") area of trunk by string trimmers or mowers shall be considered destroyed and shall be replaced at Contractor’s expense with like species and size.

H. Pocket Parks and Neighborhood Trails
Contractor shall be responsible for picking up litter, emptying out trash receptables, and restocking dog waste dispenser/s. Dog waste bags and trash receptable liners will be supplied by the City.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 16 OF 31
I. Annual Flower Maintenance
Annual flowers are to be maintained at various locations as part of the regular work under this contract.

J. Graffiti Removal
Graffiti shall be reported to the City of Tulare Graffiti Hotline at (559)684-4279.

Contractor shall report to the Parks Manager any large or continual amount of graffiti in landscaped areas.

K. Shopping Cart Removal
Contractor shall remove abandoned shopping carts or call the City of Tulare Streets Department at (559)684-4322 for assistance in removing abandoned shopping carts from the landscaped areas.

L. Liability for Damages
The Contractor shall be fully responsible for any and all damage done to City property that results from Contractor’s operations. This shall include, but not be limited to, the repair, removal, and replacement at Contractor’s expense, of shrubs, trees, vines, turf grass, groundcover or other landscape items that are lost or damaged due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, herbicide damage, or lack of proper maintenance and operations. This shall also include any damage done to buildings and other improvements due to Contractor’s negligence. The Director or designated representative shall determine negligence. The City shall be responsible for replacing any plant material that has died due to acts of vandalism or theft.

M. Protection and Security of Work Sites
The Contractor shall be responsible for the opening, closing, protection, and securing of certain work sites. Contractor shall obtain the necessary keys from the Parks Manager for use in securing all gates and locks associated with said sites.

N. Additional or Extra Work
This Agreement covers routine work as specified herein. Requested extra or emergency work shall be defined as any work beyond the general routine landscape maintenance work outlined in this Agreement. Unscheduled maintenance work that would be billable above and beyond the monthly fixed price shall be performed only with the prior written approval of the Director or designated representative.

The City reserves the right to competitively bid anything beyond the monthly scope or use the time and material rates quoted in Contractor's proposal.

It is the Contractor's responsibility to advise the Parks Manager of problems and needed upgrades or repairs to keep the landscape in a safe, functional, healthy and attractive condition at all times. In the event Contractor notices a problem or work needed beyond the routine landscape maintenance work outlined in the Agreement, Contractor shall issue Additional Work estimates to the City representative.

Examples of possible extra work may include:

1. Aeration and Dethatching of Turf
Aeration: All Bermuda turf areas should be aerated a minimum of twice annually. This service will be provided one time in the spring and one time in late summer or early fall. Equipment used EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 17 OF 31
to perform this task shall consist of an aerator that is either vertically-operated with hollow tines or a slicer-type. Soil depth affected by aeration shall be a minimum of two inches (2"). All irrigation heads must be flagged before aerating.

Dethatching: When thatch in the turf areas accumulates to a maximum one-half inch (½"), the thatch is to be removed by means of a mechanical rake or other similar device to promote proper turf growth. The debris remaining on the turf as a result of dethatching is to be removed by sweeping the turf with a turf sweeper. Dethatching should not occur more than once annually.

2. Graffiti Removal
All graffiti removal shall be considered additional work outside of the base contract. After notifying the Parks Manager and receiving approval to proceed, graffiti shall be removed within two (2) days by steam cleaning or other appropriate method that will not change the appearance of the original surface or its texture. Graffiti areas may require coating surfaces with an approved graffiti sealer.

3. Vandalism
Contractor shall notify the Parks Manager immediately of any acts of vandalism and/or theft to City property. City shall be responsible for repairing or replacing any City property which has been vandalized or stolen. Vandalism clean-up or repair work may be added to the existing contract at existing contract prices or placed out to bid formally or informally at the City’s sole discretion.

4. Annual flowers
Changing out annuals twice per year on a schedule to be determined by the City will be treated as and paid for as Extra Work. When replacing the annuals, the Contractor shall use “jumbo” bedding plants (36 per flat) and space the plants a maximum of 12" on center. The Parks Manager reserves the right to determine the type of annual (tall vs. spreading) or request that a specific plant be used (pansy vs. calendula). Annuals used are to be appropriate for the site and not block signs or sprinklers.

O. Emergency Work
Emergency work shall require a shortened response time of between thirty (30) minutes and four (4) hours, depending on the nature of work needed.

The Contractor and/or their subcontractors shall have sufficient labor, materials, cell phone availability, and call-out procedures to assure that staffing is available to allow unplanned emergency repairs or maintenance. The Parks Manager will work closely with the Contractor to develop a specific procedure required to react to landscape maintenance emergencies.

P. Reporting and Inspections
Regular inspections of the maintained areas will be completed by the Parks Manager and/or his designee weekly or as required. Communication with the Contractor and documentation of inspection reports will be through written inspection reports, faxes, e-mails, photographs, Global Positioning System (GPS) coordinates, and video recordings. Contractor shall be in possession of sufficient equipment to receive, review, and respond to reports in any format.

A written report is to be given to the Parks Manager daily if and when unusual circumstances arise, suspicious people are observed, lighting is inoperable, major irrigation breaks occur, safety hazards are present, etc. For emergencies and safety hazards, the Parks Manager is to be called immediately.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 18 OF 31
Unusual horticultural problems such as pests, diseases, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the Parks Manager or the Director’s attention when they are noticed.

The Contractor’s supervisor and the Parks Manager and/or his designee shall meet once per month to review the work site(s) to ensure compliance with the contract specifications and standards. At this meeting, Contractor’s shall submit a monthly written report listing major accomplishments for the previous month, notable problems, schedule changes, and goals and deadlines for the coming month.

Contractor is responsible to initiate the monthly meetings and the Parks Manager will be responsible for documenting the meetings. Lack of a complete and timely monthly report may delay payment.

The Parks Manager and/or his designee shall report any maintenance discrepancies to Contractor.

Contractor shall correct any discrepancies at Contractor’s cost within five (5) business days of written notification.

A weekly inspection report will be provided by the Parks Manager and/or his designee to the Contractor to notify the Contractor of any deficiencies and discrepancies.

Q. Chemicals
No Category I pesticides shall be used. Category II pesticides may be used with the authorization of the Parks Manager. City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Material Safety Data Sheets (M.S.D.S.) shall be provided to City at least one (1) week prior to the use of that chemical. Materials used shall be non-staining, noncorrosive and shall not leave a flammable residue.

The Contractor is also responsible for submitting chemical usage reports to the Tulare County Agricultural Department.

R. Fertilization
Fertilizer shall be applied as needed for healthy, vigorous plant growth. City anticipates that nitrogen will be the main deficiency in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Turf shall be fertilized to keep a healthy green appearance at all times. Fertilization will be performed a minimum of four times per year. Two of these applications will be applied with slow-release fertilizer and the other two with quick release fertilizer. All turf fertilizer shall be watered thoroughly within 2 hours of application.

Fertilizer will be put down according to the following schedule (dates are approximate due to weather fluctuations). Contractor to advise Director or designated representative of planned fertilizer applications at least ten (10) days before they take place.

March-April Slow-release fertilizer shall be applied in early spring June Quick release shall be applied in early summer
Early September Quick release shall be applied a second time in summer Mid-October Slow-release fertilizer shall be applied in early fall Annual flowers will be fertilized with a slow-release fertilizer every eight (8) weeks. Flowering is encouraged with regular applications of 0-10-10 fertilizer.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 19 OF 31
Soil analysis shall be performed when and where necessary. Fertilizer and/or other soil amendments are to be added as recommended by the laboratory performing the analysis. Costs for this analysis will be billed to City after receiving prior approval from Parks Manager.

S. Organic Soil Amendments and Mulches
Contractor will use only commercially available organic soil amendment or ground wood product that is nitrogen-stabilized, such as bark or sawdust. Shredded redwood bark shall not be used.

Wood chip mulch shall consist of clean wood chips that are compatible with what is presently on site.

Chips produced from tree trimmings containing leaves or small twigs are not considered acceptable unless authorized by the Parks Manager.

Any topsoil applied shall be a fertile, friable soil of loamy character that is capable of supporting healthy plant growth.

T. Debris Removal and Surface Cleanup
Contractor shall keep all landscaped areas, walkways, and building entrances/ exits free from trash and debris. All paper and trash at these job sites, including parking lots, shall be removed by Contractor. If there is a large and continual amount of trash, Contractor shall report it to the Parks Manager immediately.

Contractor is responsible for cleanup and disposal at his own expense of all debris, trimmings, clippings, etc., resulting from maintenance operations. Excessive leaves and litter (dead twigs, branches, leaves, bark, etc.) shall be removed as it accumulates in maintained areas. Tree wells in hardscape areas shall be kept free of litter. Pine needles and tree debris which fall into ground cover areas must be removed weekly. Leaves and other organic material which might be useful in some landscape areas as mulch may be left in place upon prior approval of City’s representative.

Blowing of sidewalks, curbs, entrances, and parking areas will be done weekly. In cases where blowing is insufficient to clean up after the Contractor’s operations, the area will be washed down with a hose or swept. Cleanups may be required more often than weekly during some seasons.

Contractor shall be responsible for weekly parking lot sweeping, blowing, and removal of debris, clippings, leaves and trash within 5 feet of curb lines, planter curbs, sidewalk edges, and behind tire stops unless specified different for that site. Interior areas of parking lots will be swept by City street sweeper.

EXHIBIT A – GENERAL PROVISIONS
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GENERAL PROVISIONS
I. Independent Contractor
It is understood and agreed that Contractor (including Contractor’s employees) is an independent Contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel shall be entitled to benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Agreement, and Contractor shall be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Contractor’s employees or third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefore exists for any purpose whatsoever reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement. (As used in these General Provisions, the term "Services" shall include both Services and Additional Services as such terms are defined elsewhere in this Agreement).

It is further understood and agreed by the parties hereto that Contractor, in performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Contractor for accomplishing such results.

If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Contractor’s assigned personnel and subcontractors.

The provisions of this Section shall survive any expiration or termination of this Agreement. Nothing in this Agreement shall be construed as to create an exclusive relationship between City and Contractor.

II. Laws to be Observed
It shall be the Contractor’s responsibility to be fully informed of all existing and future State and National Laws and all municipal ordinances and regulations of the City of Tulare which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

III. Alien Labor
The Contractor shall forfeit as penalty to the City of Tulare, ten dollars ($10.00) for each alien knowingly employed in the execution of the contract, by Contractor or by any subcontractor under Contractor on any part of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and, in particular, Sections 1850 and 1854 thereof, inclusive.

EXHIBIT A – GENERAL PROVISIONS
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IV. Hours of Labor
The Contractor shall forfeit, as penalty to the City of Tulare, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract by Contractor, or by any subcontractor under Contractor, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and, in particular, Sections 1810 through 1815 thereof inclusive.

V. Labor Discrimination
No discrimination shall be made in employment of persons upon Public Works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter I of Part VII in accordance with the provisions of Section 1735 of the Labor Code.

VI. Prevailing Wage
The Contractor shall forfeit as penalty, to the City of Tulare fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under the attached contract, by Contractor, or by any subcontractor under Contractor, in violation of the provisions of the Labor Code and in particular Sections 1770 to 1781 thereof, inclusive.

The City of Tulare has ascertained the general prevailing rate of wages applicable to the work to be done as set forth in the Notice Inviting Bids.

VII. Licenses and Permits, Etc.

Contractor represents and warrants that Contractor has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Contractor to provide any Services under the Agreement. Contractor represents and warrants that Contractor, at its sole cost and expense, will keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for Contractor to provide such services. Without limiting the generality of the foregoing, if Contractor is an out-of-state corporation, Contractor warrants and represents it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

VIII. Time
Contractor shall devote such time to the performance of Services pursuant to this Agreement as may be necessary for satisfactory performance of Contractor obligations under this Agreement. Neither party shall be considered in default of this Agreement, nor be entitled to additional compensation, to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.

IX. Contractor Not Agent
Except as City may specify in writing, Contractor or Contractor’s personnel shall not have authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.

EXHIBIT A – GENERAL PROVISIONS
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X. Confidentiality of City Information
During performance of this Agreement, Contractor may not gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, customer lists, product design, copyright, data and other vital information (hereafter, collectively referred to as "City Information”) which are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor may not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City information to any third party without the prior written consent of the City. A violation by Contractor of this Section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

XI. Contractor Information
City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor pursuant to this Agreement. In this Agreement, the term "information" shall be construed to include: any and all work product, submittals, reports, plans, specifications, deliverables consisting of documents, writings, handwritings, typewriting, printing, photocopying, photographing, computer models, and any other computer data and every other means of recording any form of information, communication representation, including letters, works, pictures, drawings, sounds or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.

Contractor shall fully defend, indemnify, and hold harmless City, its officers, employees, and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten (10) days after City is served with any such action, lawsuit or other proceeding, providing that City’s failure to provide within such time period shall not relieve Contractor of its obligations hereunder which shall survive any termination or expiration of this Agreement.

All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with any services performed by Contractor, will be disclosed upon receipt of a request for disclosure, pursuant to the California Public Records Act; providing however, that, if any information provided to City is set apart and clearly marked "trade secrets", City shall give notice to Contractor of any required disclosure of such information. The Contractor shall then have five (5) days from the date it receives such notice to enter into an agreement with the City satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff’s attorney) incurred by City in any legal action to compel the disclosure of such information under the California Public Records Act. The Contractor shall have some responsibility for defense of the actual "trade secret" designation of such information.

The parties understand and agree that any failure by Contractor to respond to the above notice provided by City and/or to enter into an agreement with City shall constitute a complete waiver by Contractor of any rights regarding the information designated "trade secret" by Contractor, and such information shall be disclosed by City pursuant to applicable procedures required by the Public Records Act.

EXHIBIT A – GENERAL PROVISIONS
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XII. Standard of Performance
Contractor shall assign only competent personnel to Services pursuant to this Agreement. Contractor shall notify City in writing of changes in Contractor’s staff assigned to perform the Services required under this Agreement, prior to any such performance. In the event that City, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Contractor to perform Services pursuant to this Agreement, because City in its sole discretion, determines that such person(s) is not performing adequately, Contractor shall remove such person(s) immediately upon receiving notice from City of the desire of City for the removal of such person(s).

XIII. Public Liability Insurance
As a condition precedent and prior to commencement of the work to be performed pursuant to this Agreement, the Contractor shall furnish the City of Tulare executed special endorsement forms for general liability, automobile liability, and workers compensation and employer's liability. The insurance requirements for Contractor together with the special endorsement forms, which the Contractor is expected to deliver, are annexed into this specification booklet and are considered a part of the contract. Said insurance requirements for Contractor require naming the City of Tulare, its officers, employees and agents as co-insured’s and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees and agents of the Contractor, and arising out of or in connection with the work which is the subject of this Agreement.

Notwithstanding any inconsistent statement in the insurance policy or certificate or any subsequent endorsement attached thereto, the City of Tulare shall be insured or named as additionally insured, covering the work which is the subject of this Agreement, whether liability is attributable to the Contractor or to the passive or active negligence of the City of Tulare. Said insurance shall be in effect on the date the work is commenced and shall expire no sooner than one (1) year after the date on which the work is completed and accepted by the City of Tulare. The cost of providing this insurance requirement shall be borne by the Contractor.

All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that in the event of expiration, cancellation or any reduction in scope or coverage of such policies for any reason whatsoever, the City of Tulare shall be notified by registered mail, return receipt requested, giving it sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than thirty (30) days before the cancellation or any reduction in scope or coverage is effective.

XIV. Programming Work and Maintaining Traffic
The Contractor shall so conduct Contractor’s operations as to cause the least possible obstruction and inconvenience to the public.

The Contractor shall furnish, erect and maintain such fences, barriers, lights and signs as are necessary to give adequate warning to the public at all times that work is under construction and of any dangerous conditions to be encountered as a result thereof, and Contractor shall also erect and maintain such warning and directional signs as required by the Inspector.

Residents along the road or street shall be provided access to driveways, houses and buildings, as directed by the Public Works Inspector. Temporary crossings shall be provided and maintained in good condition.

Not more than one cross or intersecting street or road shall be closed at any one time without the approval of the Public Works Inspector. In order to protect the public from dust nuisance, or damage EXHIBIT A – GENERAL PROVISIONS
PAGE 24 OF 31
to property along the line of work, the Contractor shall adequately sprinkle the grade with water as often as necessary to control the dust.

XV. Registration of Contractors
Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code.

XVI. Patents
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.

XVII. Term, Suspension, Termination
This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

City shall have the right at any time to temporarily suspend Contractor’s performance, hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

City shall have the right to terminate this Agreement at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering Services pursuant to this Agreement. If City terminates this Agreement:

1. Contractor shall promptly deliver to City copies of all information prepared pursuant to this Agreement.

2. City shall pay Contractor the reasonable value of Services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the Agreement not been terminated or had Contractor completed the Services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as is in the judgment of the City necessary for City to determine the reasonable value of the Services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

XVIII. Indemnification
The Contractor hereby agrees to and shall protect, indemnify and hold harmless the City of Tulare and all officers, agents, representatives and employees thereof from any and all liability, claims or damages of whatsoever kind or character, including attorneys’ fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of the Contractors, Contractor's independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the City of Tulare or its officers, employees and agents while acting within the scope of their duties regarding the work to be performed pursuant to this Agreement. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims or liability. This Agreement shall be binding upon the Contractor whether or not there are any allegations of fault, negligence or liability of the indemnities hereunder.

EXHIBIT A – GENERAL PROVISIONS
PAGE 25 OF 31
The Contractor agrees that the use of any and all public streets and improvements, which are part of or subject to this Agreement shall be at all, times, prior to the final acceptance by the City of Tulare, the sole and exclusive risk of the Contractor. The Contractor further specifically agree that Contractor shall indemnify and hold free of any liability the City of Tulare for any accident, loss, or damage to the work which is the subject of this Agreement prior to its completion and acceptance by the city.

XIX. Entire Agreement
This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Tulare City Code.

XX. Severability
If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

XXI. Waiver
Neither City acceptance of, or payment for, any Service or Additional Service performed by Contractor, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

XXII. Enforcement of Agreement
This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Tulare County in the State of California, and the parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

XXIII. Assignment Prohibited
The expertise and experience of Contractor are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

XXIV. Binding Effect
This Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the parties, subject to the General Provisions.

XXV. Contractor's Responsibility
Except as provided above, until the formal acceptance of the work by the City of Tulare, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage of any other cause whether arising from the execution or from the non-execution of the work. The Contractor shall EXHIBIT A – GENERAL PROVISIONS
PAGE 26 OF 31
rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the federal government or the public enemy.

XXVI. Responsibility of City
The City of Tulare shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 27 OF 31

EXHIBIT B

CONTRACTOR PROPOSAL

TO THE CITY OF TULARE
The undersigned declares that he has carefully examined the locations of the proposed work, that he has examined the plans and specifications and read the accompanying instructions to Contractors, and hereby proposes to do all the work required to complete said work in accordance with the plans, specifications, and special provisions for the unit or lump sum price set forth in the following schedule:

Route D ~ Turf Mowing & Blowing
Alice Topham Park, Belmont Park Ponding Basin, Bender Park, Blain Park, Cesar Chavez Memorial Park, Centennial Park, Cypress Park, Del Lago Park I, Del Lago Park II, Elk Bayou Park, Elk Bayou Soccer Complex, “H” Street Ponding Basin, “J” Street Oleander Strip Turf, “J” Street Parkway Turf, Live Oak Park, Parkwood Meadows Park, Tyler Park, Prosperity Sports Park, Santa Fe Trail Turf, Zumwalt Park, Future K-9 Bane Dog Park The undersigned agrees to provide complete landscape maintenance for 12 months at the following areas for the following amounts:

LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 001-4410 Alice Topham Park $90.82 $81.68 $69.48 $59.68 $53.14 001-4410 Belmont Park/Ponding Basin $651.30 $585.71 $498.24 $427.96 $381.10 001-4410 Bender Park $1,738.76 $1,563.64 $1,330.13 $1,142.50 $1,017.41 001-4410 Blain Park $908.23 $816.75 $694.78 $596.77 $531.43 001-4410 Cesar Chavez Memorial Park $1,634.81 $1,470.16 $1,250.61 $1,074.20 $956.58 001-4410 Centennial Park $1,362.34 $1,225.13 $1,042.17 $895.16 $797.15 001-4410 Cypress Park $1,557.12 $1,400.29 $1,191.18 $1,0223.14 $911.12 001-4410 Del Lago Park I $2,543.03 $2,286.90 $1,945.39 $1,670.96 $1,488.01 001-4410 Del Lago Park II $1,634.82 $1,470.16 $1,250.61 $1,074.20 $956.58 001-4410 Elk Bayou Regional Park $726.58 $653.40 $555.83 $477.42 $425.15 001-4410 Elk Bayou Soccer Complex $2,724.68 2,450.25$ $2,084.35 $1,790.32 $1,594.30 001-4410 H St. Ponding Basin $167.11 $150.28 $127.84 $109.81 $97.78 001-4410 J St. Oleander Strip Turf $43.59 $39.20 $33.35 $28.64 $25.51 001-4410 J St. Parkway Turf $534.04 $480.25 $408.53 $350.90 $312.48 001-4410 Live Oak Park $1,510.84 $1,358.67 $1,155.78 $992.73 $844.04 001-4410 Parkwood Meadows Park $523.14 $470.45 $400.20 $343.74 $306.11 001-4410 Prosperity Sports Park $2,724.68 $2,450.25 $2,084.35 $1,790.31 $1,594.30 001-4410 Tyler Park $109.79 $98.73 $83.99 $72.14 $64.24 001-4410 Santa Fe Trail Turf $315.04 $283.31 $241.00 $207.01 $184.34 001-4410 Zumwalt Park $454.11 $408.38 $347.39 $298.39 $265.72 001-4410 K-9 Bane Dog Park $92.661 $83.28 $70.84 $60.85 $54.19 Instructions: Contractor is to bid each area within each Route at all five (5) levels of service (see page 22-23 for Levels of Service) at a monthly cost for the initial twelve months (dates). After the initial twelve months, the Contractor agrees to a calendar year increase based on Consumer Price Indexes for the remaining contract time period. The annual increase will occur on February 1 as described under Contract Price Adjustment, page 13. The City reserves the right to select the service for each district which will determine the bid price. Contractors are cautioned to make sure amounts are adequate for each level. Each quadrant bid will be awarded to a Contractor at a service level which will be determined by the City.

EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 28 OF 31

Contractor Proposal
Route D ~ Turf Mowing & Blowing

PROPOSALS MAY BE REJECTED BY THE CITY COUNCIL IF THEY SHOW ANY ALTERATION OF FORM, ADDITION NOT CALLED FOR, CONDITIONAL OR ALTERNATIVE BIDS, INCOMPLETE BIDS, ERASURES OR IRREGULARITIES OF ANY KIND. THE RIGHT IS RESERVED BY THE CITY COUNCIL TO REJECT ALL PROPOSALS AND TO WAIVE ANY IRREGULARITIES IN ANY BID AT ITS DISCRETION.

Location Turf Square Ft.

Alice Topham Park 21,780
Belmont Park/Ponding Basin 156,188
Bender Park 416,970
Blain Park 217,800
Cesar Chavez Memorial Park 392,042
Centennial Park 326,700
Cypress Park 373,410
Del Lago Park 609,840
Del Lago Park II 392,042
Elk Bayou Regional Park 174,240
Elk Bayou Soccer Complex 653,400
“H” Street Ponding Basin 40,075
“J” Street Oleander Strip Turf 10,454
“J” Street Parkway Turf 128,066
Live Oak Park 362,312
Parkwood Meadows Park 125,453
Prosperity Sports Park 653,400
Tyler Park 26,328
Santa Fe Trail Turf 75,550
Zumwalt Park 108,900
K-9 Bane Dog Park 22,208
Total 5,287,158 sq. ft.

Turf Square Feet:
5,287,158 x $ 0.05 per Sq. Ft. per Yr. = $ 264,357.90 Per Year Route D ~ Turf
TOTAL YEARLY COST = 264,357.90 Per Year
Additional Unit Prices
As new areas are completed or other areas requiring maintenance, they may be added to the existing contract. All work is to be performed per the City of Tulare Maintenance Specifications. Show unit costs below:

Item Quantity Unit Cost
Extra Work not included as Part of Contract Cost per hour $ 60.00 EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 29 OF 31

Contractor Proposal
Route D ~ Turf Mowing & Blowing
Contractor
Paul Cardoza (Partner)_____________________
(Owners)
Joey Cardoza (Partner)_____________________
(Owners)
Perfect Care Landscape & Maintenance________
(Firm Name)
482 Ranch Acre Drive_______________________
(Address)
Tulare, CA ______________________93274____
(City) (Zip)
________________________________________
(Signature)
EXHIBIT C – MAP ROUTE
PAGE 30 OF 31

EXHIBIT C

MAP ROUTE

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE E

CITY OF TULARE

PROFESSIONAL LANDSCAPE MAINTENANCE CONTRACTOR

AGREEMENT FOR ROUTE E
This Agreement is entered into this 1st day of February 2024, by and between Perfect Care Landscape & Maintenance, hereinafter referred to as “Contractor” and the City of Tulare, a chartered city of the State of California, hereinafter referred to as “City.” The term “Contractor” as used in this agreement shall mean the Contractor, his agents, employees, representatives, and subcontractors.

1. WORK TO BE PERFORMED. Contractor shall perform in a good workmanlike and substantial manner the maintenance services as set forth in this Agreement and “SPECIFICATIONS AND CONDITIONS FOR LANDSCAPE MAINTENANCE SERVICES” (attached).

2. PLACE OF PERFORMANCE. Contractor shall perform all required services at the locations described in Exhibit B (description and map).

3. TERM OF CONTRACT. Successful Contractor(s) will be awarded a two-year service agreement, ending in 2021. This contract may be renewed for three additional one-year periods unless notice is given in writing by either party thirty (30) days in advance of contract termination.

4. CHANGES IN WORK TO BE PERFORMED OR PLACES OF PERFORMANCE. City may make changes in the work to be performed, place of performance, or both, by giving thirty (30) days written notice to Contractor of the effective date of any such change. In the event that City makes a change or changes pursuant to this paragraph, the matter of any increased or decreased compensation that may be due to Contractor shall be negotiated between the parties and will be based in part on similar situations in the contract, if such situations exist.

5. AUTHORITY OF THE DIRECTOR OF COMMUNITY SERVICES. The Community Services Director shall have the authority to take such action as is reasonably necessary to administer the contract including making decisions and determinations as provided for in this Agreement. All instructions, rulings and decisions of the Community Services Director or designee shall be final and binding.

6. SATISFACTION OF CITY. Maintenance services performed by Contractor shall be performed to the satisfaction of the Community Services Director or designated representative.

7. WORK DEFICIENCIES AND CORRECTIONS. All work deficiencies of Contractor shall be corrected within five (5) days of written notification from City. Failure to comply within five (5) days may, at City’s sole discretion, result in action being taken by the City, including, but not limited to, correcting the deficiency and deducting any associated costs incurred thereby from the total monthly compensation due Contractor.

Serious violations in this regard may result in deletion of site(s) from contract and/or, the termination of this Agreement.

8. FAITHFUL PERFORMANCE BOND. Contractor shall provide the City with a faithful performance bond or other security for performance in a form acceptable to the City, and in an amount equal to one hundred percent (100%) of the original contract amount. Said bond or other security to remain in full force and effect for the duration of this Agreement and for sixty (60) days beyond the termination of this Agreement. The security shall guarantee faithful performance by the Contractor of all Contractor’s obligations and responsibilities under this Agreement.

9. PAYMENT BOND. Contractor shall provide City with a payment bond in the amount of fifty percent (50%) of the original contract amount to secure the payment of claims for labor and materials. Said bond or

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE E

other security to remain in full force and effect for the duration of this Agreement and for sixty (60) days beyond the termination of this Agreement.

10. CONTRACTOR IS AN INDEPENDENT CONTRACTOR. The parties intend that the Contractor in performing the services herein specified shall act as an independent contractor and shall have control of his work and the manner in which it is performed. Contractor is not to be considered an agent or employee of the City, and is not entitled to participate in any pension plans, or similar benefits, including workers’ compensation, that the City provides for its employees.

11. COMPENSATION. The Contractor agrees to receive and accept the following prices as full compensation to furnish all the materials and do all the work contemplated in this Agreement, except for such materials as are mentioned in the specifications to be furnished by the City:

A. Yearly Compensation. The total yearly compensation payable to Contractor for performance of maintenance services pursuant to this Agreement shall be $ 60,920.16 for 12 months.

B. Additional Work. Additional, extra, or vandalism work may be added to the existing contract at existing prices or placed out to bid formally and/or informally at the City’s sole discretion. All additional, extra, or vandalism work shall be approved in writing by the Director or designated representative before the work can be performed. As new landscaped areas are completed, or other areas are added that require maintenance, the new areas may be added to the existing contract at existing contract prices, negotiated prices or placed out to bid formally and/or informally at the City’s sole discretion. All work is to be performed per City of Tulare maintenance specifications. Should the additional, extra, or vandalism work require materials not included in the existing contract, Contractor shall be reimbursed for material costs based on actual invoices submitted by suppliers. As an alternative, City shall have the option of supplying necessary materials.

C. Manner and Time of Payment. Contractor shall submit to City an invoice by the fifth of each month for one-twelfth (1/12) of the yearly compensation and for such additional authorized work as shall have been performed within the preceding month. The Contractor will be paid monthly in arrears for work performed satisfactorily under the contract. For months in which there is only partial performance under this Agreement, the monthly compensation shall be prorated.

D. Contract Price Adjustment. Contract price adjustment as determined by the City of Tulare’s Finance Department using the Consumer Price Index for Tulare may take place annually for term of contract effective February 1, 2024. The contract unit prices may be changed in an amount equal to the percentage movement for the twelve-month period of each contract year, but in no event may exceed 5% increase per year. The contract price changes as a result of this formula shall be binding on the Contractor for the subsequent July 1-June 30 budget year. The adjustment of the bid price shall not be retroactive and shall apply only to changes incurred after approval.

12. CONTRACTOR’S RESPONSIBILITY FOR COMPLIANCE. The City shall remain responsible for any water-conservation goals, requirements, mandates, directives, legislation, or regulations, as may be or become in force at the property serviced by this Agreement. Nothing contained in this Agreement shall serve to shift the burden of compliance with such Regulations on the Contractor, or to imply or require that the Contractor will be responsible for any or all costs or damages associated with revising the irrigation schedule to accommodate the Regulations whether such revision has the net effect of less or more irrigation. City alone shall be responsible for any failure to comply with the Regulations or any of them, any damages caused by or allegedly caused by efforts to comply with or incorporate the Regulations, any and all claims, damages, actions, enforcement proceedings, penalties, assessments, tenders of defense or indemnity asserted by any party. Any regulated substances required to be applied as part of the Service shall be applied in accordance with applicable laws and regulations by properly licensed personnel and Contractor shall not be held liable for the use of such substance if properly applied in accordance with applicable laws and regulations.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE E

13. PERMITS, LICENSES AND CERTIFICATIONS. The Contractor shall obtain and, when requested, provide verification of any and all permits, licenses or certifications necessary to do the work required under this Agreement.

14. MINIMUM LIABILITY AND INSURANCE.

A. Liability. Contractor shall take all precautions necessary for the safety of and prevention of damage to property on or adjacent to the work site, and for the safety of and prevention of injury to persons, including City employees, Contractor’s employees, and third persons, on or adjacent to the work site. All work shall be performed according to law and entirely at Contractor’s risk.

B. Hold Harmless and Indemnification. To the fullest extent permitted by law, Contractor expressly undertakes to and shall defend, indemnify and save City, its officers, agents and employees free and harmless from and against any and all third-party claims, demands, damages, actions, expenses, suits, liabilities, or proceedings and other costs, including attorney’s fees, arising out of or in connection with any act, omission, work, duties, operations or negligence of Contractor or any of Contractor’s subcontractors, agents, employees, sub-lessees, or assignees arising out of any incident, injury, or damage whatsoever caused or occurring to any person or property on or arising out of the Contractor’s performance under this Agreement. The foregoing shall specifically include the obligation to defend, indemnify and save harmless City, its officers, agents, employees, or independent contractors, even if the claim, suit, action, expense, accident, injury, or damage has been caused partially by what may be characterized as, constitute, or be the equivalent of independent or passive negligence in any proportion, whether partial, concurrent or otherwise, on behalf of the City, or any of its officers, agents, employees, contractors or subcontractors. Moreover, Contractor hereby agrees to defend, indemnify, and save the City, its officers, agents, employees and independent contractors harmless from any and all claims, demands, damages, actions, expenses, attorney’s fees, and other costs that may arise out of or in connection with any failure of Contractor or any subContractor to take out or maintain such insurance or the insurance referred to in this Agreement. Contractor will defend Indemnitees until the dispute or claim is settled or a judgement rendered. At that time, the Indemnitees shall reimburse Contractor, based upon their own respective portion of the comparative negligence of all damages, losses, expenses and defense costs.

C. Insurance. During the term of this Agreement, Contractor shall maintain, pay all premiums, and keep in force the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Minimum Insurance Coverage

1. General Liability
a. Limits of Liability are to be not less than $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability products and completed Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Coverage is at least as broad as the unaltered Insurance Service Office (ISO) Form No. CG 00 01 10 01.

2. Automobile Liability
a. Limits of Liability are to be not less than $2,000,000 per accident for bodily injury and property damage.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE E

b. Coverage is at least as broad as the unaltered Insurance Service Office (ISO) Form No. CA 00 01 10 01

3. Employer’s Liability
a. Limits of Liability are to be not less than $2,000,000 per accident for bodily injury and $2,000,000 per person for disease.

4. Worker’s Compensation Insurance.
a. Limits of Liability shall be statutory.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Applicant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute to it.

3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

4. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to the City.

6. The workers’ compensation insurance is to contain, or be endorsed to contain, the following provisions:
a. The insurer shall waive its right of subrogation against the City, its officers, officials, employees, agents, or volunteers.
b. The policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice has been given to the City.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE E

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless expressly authorized in writing by the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before the work commences. The City reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage required by these specifications.

Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements as stated herein.

15. RECORDS. The Contractor shall keep accurate financial, time, and date records concerning all work or operations performed under this Agreement. Said records shall be available for City inspection upon reasonable notice.

16. MEETINGS. The Contractor shall meet with the Director or designated representative monthly, or more often as needed, for a walk-through of all areas of work to review Contractor’s performance under this Agreement. During the walk-through, City representative and Contractor may discuss any problems or matters of concern.

17. REPORTING REQUIREMENTS FOR HAZARDS, DEFECTS, SPECIAL MAINTENANCE, EMERGENCY MEASURES. Contractor shall notify City immediately of any hazardous conditions or defects on, in, or affecting the use of city property that would reasonably be found or become known during the performance of work or operations under this contract. When any hazardous condition, defect, or other situation requiring immediate maintenance attention is observed, Contractor shall take reasonable steps to alleviate any immediate hazard, defect, or danger and promptly notify the City and any appropriate authorities. Contractor shall be compensated for any such unscheduled work in accordance with the unscheduled or additional work rate set forth in Paragraph 10B.

18. NOTICES. Any notice to be given or made pursuant to this Agreement, including a notice of change in the address to which notices or payments are to be sent, be given by personal delivery to the other party or by mail addressed as follows:

TO CONTRACTOR: Perfect Care Landscape Maintenance
482 Ranch Acres Road
Tulare, CA 93274
TO CITY: City of Tulare
Community Services Department
Attn: Parks Division
830 S. Blackstone Street
Tulare, CA 93274
All notices shall be in writing. All payments shall be made by check or warrant. Notices given or made by mail shall be deemed given or made upon deposit of the notice, postage prepaid, in the United

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE E

States mail addressed in accordance with this paragraph. Notice of any changes of address shall be made in writing.

19. MODIFICATION OF AGREEMENT. Except as expressly or otherwise provided, this Agreement may be amended only by the mutual consent of the parties hereto, in writing.

20. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement shall be construed to be both a covenant and a condition.

21. WAIVER OF COVENANT OR CONDITION. One or more waivers or any breach of any covenant or condition shall not be construed as a waiver or a subsequent breach of the same or any other covenant or condition.

22. ENTIRE AGREEMENT. This Agreement comprises the entire Agreement of the parties hereto and no obligations other than those set forth shall be recognized.

23. ASSIGNMENT. Any assignment of the rights or obligations under this Agreement without the prior written consent of the City is prohibited and shall be null and void.

24. TERMINATION OF AGREEMENT. This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

City shall have the right to terminate this Agreement at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering services pursuant to this Agreement. If City terminates this Agreement:

A. Contractor shall promptly deliver to City copies of all information prepared pursuant to this Agreement.

B. City shall pay Contractor the reasonable value of Services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the Agreement not been terminated or had Contractor completed the Services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as is in the judgment of the City necessary for City to determine the reasonable value of the Services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

Contractor shall have the right to terminate this Agreement at any time by giving thirty (30) days prior written notice of termination to City.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE E

DATED: _________________________ BY: _________________________ City of Tulare City Manager
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Chief Deputy City Clerk Tulare City Attorney
CONTRACTOR:
__________________________ ___________________________
Paul Cardoza Joey Cardoza
EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 8 OF 31

EXHIBIT A

SPECIFICATIONS AND CONDITIONS FOR LANDSCAPE MAINTENANCE SERVICES A. General Conditions
Landscape maintenance for the City of Tulare shall be “priority work” for the successful Contractor. City facilities are high visibility, high traffic areas that must maintained with a sharp appearance. It is the intent of these specifications that Contractor maintain all areas as outlined in a clean, orderly, and costeffective manner for public view or use. The terms “Director” or “Community Services Director” shall mean the Director or designated representative.

B. Supplies and Equipment
The Contractor, at his own cost and expense, shall furnish and keep in good working order all necessary tools, equipment, and supplies of good quality and in the amounts necessary to fulfill these specifications. To accomplish an acceptable and professional level of maintenance, these supplies and materials shall include, but not be limited to:

1. Necessary mowers, trucks, edgers, aerators, seeders, hoses, tools, blowers, etc.

2. All necessary gas, oil, and parts for all equipment.

3. All necessary chemicals including: fertilizers, herbicides, insecticides, fungicides and rodenticides.

4. All parts necessary for the repair and proper maintenance of all irrigation systems.

5. All necessary horticultural supplies.

Contractor will substitute supplies and/or equipment at the request of the Director or designated representative.

C. Obligation of the Contractor
The Contractor, at his sole cost and expense, shall perform all labor and services and furnish all the materials, tools, equipment, supplies, and transportation as necessary for the performance of the scheduled work in accordance with these specifications. Unscheduled work, except for an emergency situation, shall be authorized by the Director or designated representative and shall be performed by the Contractor who then shall be compensated by the City on a time and materials basis. The time and materials schedule submitted by the Contractor shall be a part of this agreement.

Leaves, grass clippings, tree trimmings, and trash must be removed each time work is performed and legally disposed of by Contractor at his own expense.

D. Obligation of the City
City shall provide the following materials, supplies and/or service:

1. City is responsible for the replacement of damaged, vandalized and/or stolen irrigation system essential components, pumps, backflows and controllers, turf, landscaping, and related infrastructure unless damaged by contractor due to negligence or lack of maintenance, with the exception of tree stakes. Contractor is responsible for replacement of any and all tree stakes.

2. City is responsible for electrical and water utility costs and services.

3. City will provide contractor with emergency numbers for designated City representative and emergency personnel.

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E. Subcontracting
A portion of the work covered by a contract awarded pursuant to these specifications can be subcontracted with prior approval of City. Contractor must develop procedures specifying how it will manage the subcontractor and maintain quality work and results through the subcontractor. Lists of subcontractors with their qualifications shall be submitted to City thirty (30) days before their intended use. All subcontractors must demonstrate they are United States citizens or have a legal right to work in the United States. All subcontractors must have the required insurance coverages and licenses as Contractor.

F. Contractor’s Personnel
Contractor shall provide sufficient qualified and trained personnel capable of meeting these terms, conditions, and specifications.

Contractor shall provide a list including all Contractors’ and subcontractors’ employees assigned to work sites. List shall include name for each Contractor employee and must demonstrate they are a United States citizen or have a legal right to work in the United States. Contractor must update list within fortyeight (48) hours of any change. In the event an employee leaves the employment of Contractor during the term of this agreement, Contractor is to immediately notify the City’s representative of their employee’s termination and confiscate the employee’s identification badge.

Contractor shall provide the City with names and telephone numbers of appropriate persons to be called in case of emergency.

Contractor will assign a qualified, trained supervisor to oversee work performed at the work site and to act as Contractor's liaison with City's representative. This supervisor shall have at least three (3) years of commercial landscape or municipal park maintenance supervision experience. The supervisor shall be able to speak, read, and write English and be capable of writing schedules, making monthly reports noting deficiencies in need of correction, and planning for upcoming major projects.

Contractor shall provide an ongoing documented training program for all Contractors’ employees performing work at City's work site. Training program shall include, but not be limited to, understanding of City's maintenance contract, quality standards, task definitions, M.S.D.S. sheets, Cal-OSHA regulations and all other safety regulations as required.

G. Work Performance
The Contractor will adhere to the highest quality standards of the landscape maintenance profession.

The specifications and standards shall be met by Contractor at all times regardless of Contractor's employees' absence or established staffing pattern and levels.

All material and workmanship shall be of the highest quality. All work shall be subject to the satisfaction of the Parks Manager, who may exercise such control of the work as is required to safeguard the interests of the City and private property owners.

Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take precautions required by all applicable governmental regulations.

The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City.

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H. Work Schedule
Contractor is to provide City with a work schedule describing the work to be performed in each area. All work schedules shall conform to all applicable City ordinances and be designed in a manner to provide the desired level of service. The Director or designated representative may modify the proposed work schedule as needed to provide the desired level of service. Clippings, cuttings, trash and debris shall be removed each time work is performed.

Contractor's normal work shall be performed between 6:00 a.m. and no later than 6:00 p.m., Monday through Friday (except holidays). All work is to be conducted in a professional manner that is not disruptive to City residents, visitors or offices, library or senior center patrons. Contractor will provide City a full-year schedule of all daily, weekly, biweekly, monthly, quarterly, semi-annual and annual services, giving specific days and dates. Any non-emergency work that may be deemed hazardous or disruptive (i.e., chemical spraying, tree pruning, etc.) will be scheduled at least two (2) weeks in advance with City representative. City reserves the right to change schedules for special events or to resolve conflicts with adjacent property owners/tenants.

For emergency work, Contractor must obtain written approval from City's representative prior to commencing work.

I. Level of Service
Levels of Service shall be maintained per specifications of this contract. Funding in each district will determine the required interval of service. The Contractor is to determine the work necessary to maintain each district in compliance with contract specifications. The City prefers the highest level of service this contract will provide but reserves the right to determine which level of service will be assigned to each district.

Level “A” Service One-week interval (52 weeks a year)
Level “B” Service Two-week interval for four months (November - February) One-week interval for eight months (March - October)
Level “C” Service Two-week interval (52 weeks a year)
Level “D” Service Once a month service for four months (November - February) Two-week interval for eight months (March - October)
Level “E” Service Once a month service (12 months a year)

SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES
A. Irrigation
Irrigation shall be performed as required to maintain proper plant growth in all areas. Daily shallow water applications are to be avoided in favor of deeper water applications and in quantities required by the different plant species at different times of the year.

Normal watering shall be accomplished at times of the night or early morning which promote the health of all plants and minimize the inconvenience to people using the area. Water on turf and groundcover areas is generally to be applied between 10:00 p.m. to 4:00 a.m. and 9:00am to 11:00am on assigned EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 11 OF 31
water days by Parks Manager, where possible, to lower the risk of fungus in cool season turf. Water shall be applied in short repeat cycles of 3-5 minutes each to prevent run-off into the street. Care shall be taken not to over-water or flood any soil.

Failure of an existing system to provide full and adequate coverage shall not relieve the Contractor of the responsibility to provide proper coverage of all areas using hose bibs, quick couplers, etc. Providing any supplementary hoses, sprinklers, nozzles, etc., necessary to accomplish full coverage shall be the Contractor’s responsibility.

The Contractor shall comply with the Water Conservation Ordinance, as found in Tulare Municipal Code Section 7.32. Information outlining this ordinance shall be provided to Contractor by the City. During periods of restricted water use, all governmental regulations shall be followed. Contractor shall perform a water audit when requested by Director or designated representative. Should modifications of irrigation systems and/or schedules be required to facilitate adherence to these regulations, the Contractor shall notify the Director or designated representative of the suggested modifications.

Irrigation water shall be carefully applied and monitored weekly by the Contractor. Excessive water runoff or overflow onto hard surface areas shall be kept to an absolute minimum so as to conserve water and not waste. During summer months, a weekly visual inspection of the irrigation system shall be performed to identify system defects. This includes, but is not limited to, breaks in lines, heads, leaks and wash outs, saturated areas or dry spots. Problems reported to the Contractor by the Director or designated representative must be corrected within twenty-four (24) hours of the report.

Contractor is responsible for proper adjustment of all components of the irrigation system, from the controllers to the individual sprinkler heads. All irrigation system components shall be inspected as needed and a written summary of any findings turned in within one week of inspection.

All irrigation controllers shall be adjusted seasonally and turned off during periods of rain. Contractor shall turn on and program controllers at the completion of each rainy period. Each time the schedule is changed, due to seasons or any other reason, a revised schedule shall be provided to the Parks Manager.

All irrigation equipment shall be maintained in good working condition and shall function properly at all times. The Contractor shall be responsible for the maintenance and/or replacement of all irrigation systems and their parts (excluding only the VFD, booster pumps, backflow prevention devices, irrigation controllers, irrigation decoders, and modules unless damage to these systems was caused by the Contractor or employees at his own expense). Included in the system are: remote control valves and boxes, box covers, gate valves, quick coupling valves, main lines, control wiring, lateral lines, all fittings and riser assemblies, hose bibs, sprinkler heads, and vandal-proof enclosures.

All minor repairs such as nozzle adjustments and repair of broken risers (lateral line and/or swing joint to sprinkler head) shall be included in the monthly maintenance cost. Contractor shall be responsible for minor repairs and will not bill these repairs as “Additional Work.” Replacement parts for irrigation systems shall be new and of similar or better quality as what was initially installed. The City’s representative may permit substitution of brand name parts only with advance approval. Unless included under minor repairs, Contractor will not purchase any new parts without prior approval by the Director or designated representative.

The Contractor shall, at least once a week, inspect all areas covered by an automatic irrigation system for any malfunction. Approximately thirty (30) days prior to contract conclusion, a comprehensive test of EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 12 OF 31
all irrigation systems shall be made by the Director or designated representative. Any repairs deemed the Contractor’s responsibility shall be made by the Contractor prior to the end of the contract period.

If the repairs made are not to the Parks Manager’s satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies as determined by the Director.

Irrigation systems which are damaged or altered in any way as a result of work performed under this contract shall be repaired or replaced by the Contractor in kind and in an approved manner. Repairs shall be made immediately after damage or alteration occurs, unless otherwise directed. For repairs not made, or not made to the satisfaction of the Parks Manager, the work will be done by others and billed to the Contractor.

Repairs made due to vandalism or faulty components shall be billed as extra work. Repairs to backflow devices and irrigation controllers will be either the City’s responsibility or extra work as determined by the Director or designated representative.

B. Pesticide Application
The Contractor shall be responsible for the control and elimination of weeds, insects, rodents and diseases affecting all work areas under his control. The Contractor shall possess all permits and licenses required by the State of California, Department of Food and Agriculture, prior to the application of any pesticide. A licensed, trained technician shall perform all chemical applications. Any pesticide used shall be listed on the State of California, Department of Food and Agriculture’s approved list and Contractor shall submit all pesticide use reports to the Tulare County Agricultural Commissioner.

Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the Tulare County Agricultural Commissioner. In addition, all pesticides used must have the written approval of the Director or designated representative prior to application of pesticides.

C. Weed Control
Pre- and post-emergent herbicides shall be used for weed control upon prior approval of the Parks Manager. A licensed, trained technician shall perform all chemical applications. Contractor shall notify City representative in advance of any chemical applications. City's representative must also have a copy of the current M.S.D.S. for every chemical being applied. Contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, the Department of Health, and the Department of Industrial Relations regarding the safe application of herbicides under this contract.

Care shall be taken to ensure the safety of the public and the contractor’s employees during chemical weed control operations. The Director or designated representative may restrict the use of chemical weed control in certain areas. Contractor shall exercise great care to avoid herbicide drift onto non-target plants and adjacent residential areas.

All turf grass areas and planter areas shall be treated for pre-emergent weed control at least twice yearly with a product approved by the Parks Manager. All shrub beds shall be kept in friable condition and free of weeds. All ground cover areas shall remain weed free. All fence lines, light standard bases, tree wells, buildings and structures shall be weed free.

Turf areas shall be sprayed as necessary for weed control. Where weed encroachment is on a small scale, weeds shall be removed manually. Weeds taller or broader than four inches (4") in the planted area shall be mowed, hoed or hand-pulled. Small weeds may be controlled by applying a foliage-applied or soil herbicide before the weeds exceed four inches (4"') in height. Dead weeds that are unsightly shall be removed. Existing mulched areas, sidewalks, and pathways shall be maintained weed free.

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D. Disease, Rodent, and Insect Control
The Contractor is responsible for the inspection, control, and eradication of all disease, rodent, and insect infestations in the landscaped areas maintained under this contract. Contractor shall notify the Parks Manager when finding such a condition, and outline identification and control measures to be taken if the pests are causing damage or dramatically lessening the aesthetic quality of the plants.

Whenever an appropriate nonchemical treatment for a pest is available, its use shall be given preference over chemical treatment. Contractor shall provide timely recommendations for remedies to any chronic pest problems. Upon approval of the Parks Manager, the Contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and Contractor’s employees.

E. Tree Maintenance
Contractor shall provide proper watering of all trees, where water is available, whether done by automated irrigation systems or manually with the use of hoses. Trees shall be maintained in an erect, upright manner and shall be staked as necessary to maintain this position. Pruning and trimming of trees shall be limited to removal and disposal of any dead and/or broken branches and any sucker growth located in or on the tree.

Newly planted trees that do not have trunk caliper sufficient to support the tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between 2 approved 2" x 2" x 10' treated tree stakes. Split plastic hose or black tire casings held in place by 12-gauge wire shall be used to secure the young trees. Tree ties are to be inspected often for signs of girdling or abrasion.

Contractor shall remove or loosen any and all tree stakes and/or ties whenever damage to the trunk is being caused by girdling. Stakes shall be removed when the tree has sufficient strength to support itself.

Contractor shall be responsible for replacing and reinstalling all tree stakes that are missing or broken, whether from Contractor’s operations or through vandalism or theft.

All tree pruning activities shall be performed by trained, experienced personnel. All pruning is to be done in accordance with International Society of Arboriculture (I.S.A.) pruning standards. All personnel engaged in pruning activity shall be made aware of these standards by Contractor.

Contractor is totally responsible for any subcontractors they engage to do tree pruning or other work within the assigned job sites. Contractor's responsibility regarding subcontractors includes, but is not limited to, the quality of work and related experience, and appropriate liability insurance coverage. All subcontractors must be approved in advance by the Director or designated representative.

Contractor shall be responsible for all pruning which can be reached with a 12' pole saw by a worker standing on the ground. All trees are to be maintained in their natural shape. Canopy clearance is to be maintained above walks at 10'-0" and above streets at 14'-0" for pedestrian and traffic safety as per Ordinance Code 8.32.080.

The Contractor shall bring to the Director or designated representative’s attention within 24 hours any tree which shows root heaving, leaning, having hanger limbs, or is in some manner constituting a safety hazard.

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F. Pruning and Edging of Shrubs and Groundcovers
Contractor shall be responsible for the pruning, edging, and thinning of all shrubs and ground covers to the satisfaction of the Director or designated representative. Pruning shall be done to promote the natural growth habit of each individual plant; to maintain proper plant health by cutting out dead, diseased or injured wood; and to control growth when an unshapely shrub or ground cover might otherwise result. All shrubs and bushes covering/ blocking a block wall shall be maintained at a height of no more the height of the block wall nor less than two (2) feet lower than the height of the block wall.

All cuts shall be made cleanly using sharp pruning tools leaving no branch stubs. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All dead, dying, or damaged branches shall be removed immediately.

All ground cover areas shall be kept free of weeds, trash, and debris. Planted areas may be sprayed and/or manually weeded.

Ground covers shall be trimmed on a regular basis. A four-inch (4") buffer zone shall be maintained around all obstacles and edges with the exception of shrubs and trees that will have a twenty-four-inch (24") buffer. All plant growth shall be prevented from covering or blocking electrical meters, irritation controllers, back flows, valve boxes, water meters and also from entering onto walkways, roadways, and other hard surface areas, unless to create a special effect, such as cascading over a wall or fence. Clear view of traffic signs and intersections is to be maintained at all times.

Ground covers that regenerate and flourish from occasional mowing may be mowed only between February 15 and April 1. To promote rapid regrowth, mowing of an entire stand of groundcover shall always be accompanied by fertilizer which is watered in. Edging shall be done to present a neat appearance and prevent overgrowth of curb or sidewalk. Edging shall not be done by chemical methods; unless a growth retardant is utilized that has been pre-approved by the Director or designated representative.

All ground cover/shrub areas where mulch is utilized are to be checked one time per year for maintenance of an even covering of approximately 1” of mulch.

G. Mowing, Edging, and Blowing of Turf
Contractor shall be responsible for mowing and blowing all turf grass area. Mowing shall occur once a week or as assigned depending on level of service during the growing season to maintain the proper height. Bermuda grass shall be mowed to maintain a height of no more than 1½ inches nor less than ¾ inch. Fescue and other cool season turf shall be mowed to a height of three (3) inches during spring and summer and no less than 2-½ inches during fall and winter. All turf grass shall be edged at least weekly on a vertical plane along sidewalks and other paved and hard surface areas as necessary to prevent overgrowth. Edging shall not be done by chemical methods.

If weather conditions do not permit regular mowing, longer intervals may be observed. Contractor is not to mow turf when it is in a wet, saturated condition that would cause rutting, tearing, or sliding on the turf surface, or when it could be unsafe for contractor’s employees to operate equipment.

Turf is to be cut with the size of equipment that will give a neat appearance without rutting, sliding over, or scalping the turf. This requirement will be strictly enforced, including cases of steep turf slopes.

Mowing patterns are to be changed weekly or however often necessary to avoid rutting.

Contractor will maintain sharp blades on all mowers. No mowing will be done without proper safety shields in place. Recycling mowers are allowed. Contractor shall be required to pick up and dispose of EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 15 OF 31
grass clippings after each mowing/edging operation unless the clippings are expected to dry and drop beneath the growing level of the turf within 24 hours.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. A string trimmer shall be used to trim around obstructions in the turf, such as valve boxes, header boards, etc., on a regular basis to obtain a crisp look. Trees, buildings, signs and all other obstructions not on the plane of the turf shall have a buffer zone maintained down to bare soil.

Tree basin buffers shall be twenty-four inches (24") in diameter for new trees and all other buffer zones shall be four inches (4") wide. The edges of these buffer zones should be neatly trimmed on a regular basis with a string trimmer.

Contractor shall be responsible for repair of damage caused by mowing or other activities. Any trees which have more than fifty percent (50%) of the trunk removed in a given three-inch (3") area of trunk by string trimmers or mowers shall be considered destroyed and shall be replaced at Contractor’s expense with like species and size.

H. Pocket Parks and Neighborhood Trails
Contractor shall be responsible for picking up litter, emptying out trash receptables, and restocking dog waste dispenser/s. Dog waste bags and trash receptable liners will be supplied by the City.

I. Annual Flower Maintenance
Annual flowers are to be maintained at various locations as part of the regular work under this contract.

J. Graffiti Removal
Graffiti shall be reported to the City of Tulare Graffiti Hotline at (559)684-4279.

Contractor shall report to the Parks Manager any large or continual amount of graffiti in landscaped areas.

K. Shopping Cart Removal
Contractor shall remove abandoned shopping carts or call the City of Tulare Streets Department at (559)684-4322 for assistance in removing abandoned shopping carts from the landscaped areas.

L. Liability for Damages
The Contractor shall be fully responsible for any and all damage done to City property that results from Contractor’s operations. This shall include, but not be limited to, the repair, removal, and replacement at Contractor’s expense, of shrubs, trees, vines, turf grass, groundcover or other landscape items that are lost or damaged due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, herbicide damage, or lack of proper maintenance and operations. This shall also include any damage done to buildings and other improvements due to Contractor’s negligence. The Director or designated representative shall determine negligence. The City shall be responsible for replacing any plant material that has died due to acts of vandalism or theft.

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M. Protection and Security of Work Sites
The Contractor shall be responsible for the opening, closing, protection, and securing of certain work sites. Contractor shall obtain the necessary keys from the Parks Manager for use in securing all gates and locks associated with said sites.

N. Additional or Extra Work
This Agreement covers routine work as specified herein. Requested extra or emergency work shall be defined as any work beyond the general routine landscape maintenance work outlined in this Agreement. Unscheduled maintenance work that would be billable above and beyond the monthly fixed price shall be performed only with the prior written approval of the Director or designated representative.

The City reserves the right to competitively bid anything beyond the monthly scope or use the time and material rates quoted in Contractor's proposal.

It is the Contractor's responsibility to advise the Parks Manager of problems and needed upgrades or repairs to keep the landscape in a safe, functional, healthy and attractive condition at all times. In the event Contractor notices a problem or work needed beyond the routine landscape maintenance work outlined in the Agreement, Contractor shall issue Additional Work estimates to the City representative.

Examples of possible extra work may include:

1. Aeration and Dethatching of Turf
Aeration: All Bermuda turf areas should be aerated a minimum of twice annually. This service will be provided one time in the spring and one time in late summer or early fall. Equipment used to perform this task shall consist of an aerator that is either vertically-operated with hollow tines or a slicer-type. Soil depth affected by aeration shall be a minimum of two inches (2"). All irrigation heads must be flagged before aerating.

Dethatching: When thatch in the turf areas accumulates to a maximum one-half inch (½"), the thatch is to be removed by means of a mechanical rake or other similar device to promote proper turf growth. The debris remaining on the turf as a result of dethatching is to be removed by sweeping the turf with a turf sweeper. Dethatching should not occur more than once annually.

2. Graffiti Removal
All graffiti removal shall be considered additional work outside of the base contract. After notifying the Parks Manager and receiving approval to proceed, graffiti shall be removed within two (2) days by steam cleaning or other appropriate method that will not change the appearance of the original surface or its texture. Graffiti areas may require coating surfaces with an approved graffiti sealer.

3. Vandalism
Contractor shall notify the Parks Manager immediately of any acts of vandalism and/or theft to City property. City shall be responsible for repairing or replacing any City property which has been vandalized or stolen. Vandalism clean-up or repair work may be added to the existing contract at existing contract prices or placed out to bid formally or informally at the City’s sole discretion.

4. Annual flowers
Changing out annuals twice per year on a schedule to be determined by the City will be treated as and paid for as Extra Work. When replacing the annuals, the Contractor shall use “jumbo” bedding plants (36 per flat) and space the plants a maximum of 12" on center. The Parks EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 17 OF 31
Manager reserves the right to determine the type of annual (tall vs. spreading) or request that a specific plant be used (pansy vs. calendula). Annuals used are to be appropriate for the site and not block signs or sprinklers.

O. Emergency Work
Emergency work shall require a shortened response time of between thirty (30) minutes and four (4) hours, depending on the nature of work needed.

The Contractor and/or their subcontractors shall have sufficient labor, materials, cell phone availability, and call-out procedures to assure that staffing is available to allow unplanned emergency repairs or maintenance. The Parks Manager will work closely with the Contractor to develop a specific procedure required to react to landscape maintenance emergencies.

P. Reporting and Inspections
Regular inspections of the maintained areas will be completed by the Parks Manager and/or his designee weekly or as required. Communication with the Contractor and documentation of inspection reports will be through written inspection reports, faxes, e-mails, photographs, Global Positioning System (GPS) coordinates, and video recordings. Contractor shall be in possession of sufficient equipment to receive, review, and respond to reports in any format.

A written report is to be given to the Parks Manager daily if and when unusual circumstances arise, suspicious people are observed, lighting is inoperable, major irrigation breaks occur, safety hazards are present, etc. For emergencies and safety hazards, the Parks Manager is to be called immediately.

Unusual horticultural problems such as pests, diseases, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the Parks Manager or the Director’s attention when they are noticed.

The Contractor’s supervisor and the Parks Manager and/or his designee shall meet once per month to review the work site(s) to ensure compliance with the contract specifications and standards. At this meeting, Contractor’s shall submit a monthly written report listing major accomplishments for the previous month, notable problems, schedule changes, and goals and deadlines for the coming month.

Contractor is responsible to initiate the monthly meetings and the Parks Manager will be responsible for documenting the meetings. Lack of a complete and timely monthly report may delay payment.

The Parks Manager and/or his designee shall report any maintenance discrepancies to Contractor.

Contractor shall correct any discrepancies at Contractor’s cost within five (5) business days of written notification.

A weekly inspection report will be provided by the Parks Manager and/or his designee to the Contractor to notify the Contractor of any deficiencies and discrepancies.

Q. Chemicals
No Category I pesticides shall be used. Category II pesticides may be used with the authorization of the Parks Manager. City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Material Safety Data Sheets (M.S.D.S.) shall be provided to City at least one (1) week prior to the use of that chemical. Materials used shall be non-staining, noncorrosive and shall not leave a flammable residue.

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The Contractor is also responsible for submitting chemical usage reports to the Tulare County Agricultural Department.

R. Fertilization
Fertilizer shall be applied as needed for healthy, vigorous plant growth. City anticipates that nitrogen will be the main deficiency in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Turf shall be fertilized to keep a healthy green appearance at all times. Fertilization will be performed a minimum of four times per year. Two of these applications will be applied with slow-release fertilizer and the other two with quick release fertilizer. All turf fertilizer shall be watered thoroughly within 2 hours of application.

Fertilizer will be put down according to the following schedule (dates are approximate due to weather fluctuations). Contractor to advise Director or designated representative of planned fertilizer applications at least ten (10) days before they take place.

March-April Slow-release fertilizer shall be applied in early spring June Quick release shall be applied in early summer
Early September Quick release shall be applied a second time in summer Mid-October Slow-release fertilizer shall be applied in early fall Annual flowers will be fertilized with a slow-release fertilizer every eight (8) weeks. Flowering is encouraged with regular applications of 0-10-10 fertilizer.

Soil analysis shall be performed when and where necessary. Fertilizer and/or other soil amendments are to be added as recommended by the laboratory performing the analysis. Costs for this analysis will be billed to City after receiving prior approval from Parks Manager.

S. Organic Soil Amendments and Mulches
Contractor will use only commercially available organic soil amendment or ground wood product that is nitrogen-stabilized, such as bark or sawdust. Shredded redwood bark shall not be used.

Wood chip mulch shall consist of clean wood chips that are compatible with what is presently on site.

Chips produced from tree trimmings containing leaves or small twigs are not considered acceptable unless authorized by the Parks Manager.

Any topsoil applied shall be a fertile, friable soil of loamy character that is capable of supporting healthy plant growth.

T. Debris Removal and Surface Cleanup
Contractor shall keep all landscaped areas, walkways, and building entrances/ exits free from trash and debris. All paper and trash at these job sites, including parking lots, shall be removed by Contractor. If there is a large and continual amount of trash, Contractor shall report it to the Parks Manager immediately.

Contractor is responsible for cleanup and disposal at his own expense of all debris, trimmings, clippings, etc., resulting from maintenance operations. Excessive leaves and litter (dead twigs, branches, leaves, bark, etc.) shall be removed as it accumulates in maintained areas. Tree wells in hardscape areas shall EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 19 OF 31
be kept free of litter. Pine needles and tree debris which fall into ground cover areas must be removed weekly. Leaves and other organic material which might be useful in some landscape areas as mulch may be left in place upon prior approval of City’s representative.

Blowing of sidewalks, curbs, entrances, and parking areas will be done weekly. In cases where blowing is insufficient to clean up after the Contractor’s operations, the area will be washed down with a hose or swept. Cleanups may be required more often than weekly during some seasons.

Contractor shall be responsible for weekly parking lot sweeping, blowing, and removal of debris, clippings, leaves and trash within 5 feet of curb lines, planter curbs, sidewalk edges, and behind tire stops unless specified different for that site. Interior areas of parking lots will be swept by City street sweeper.

EXHIBIT A – GENERAL PROVISIONS
PAGE 20 OF 31

GENERAL PROVISIONS
I. Independent Contractor
It is understood and agreed that Contractor (including Contractor’s employees) is an independent Contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel shall be entitled to benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Agreement, and Contractor shall be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Contractor’s employees or third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefore exists for any purpose whatsoever reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement. (As used in these General Provisions, the term "Services" shall include both Services and Additional Services as such terms are defined elsewhere in this Agreement).

It is further understood and agreed by the parties hereto that Contractor, in performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Contractor for accomplishing such results.

If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Contractor’s assigned personnel and subcontractors.

The provisions of this Section shall survive any expiration or termination of this Agreement. Nothing in this Agreement shall be construed as to create an exclusive relationship between City and Contractor.

II. Laws to be Observed
It shall be the Contractor’s responsibility to be fully informed of all existing and future State and National Laws and all municipal ordinances and regulations of the City of Tulare which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

III. Alien Labor
The Contractor shall forfeit as penalty to the City of Tulare, ten dollars ($10.00) for each alien knowingly employed in the execution of the contract, by Contractor or by any subcontractor under Contractor on any part of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and, in particular, Sections 1850 and 1854 thereof, inclusive.

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IV. H Hours of Labor
The Contractor shall forfeit, as penalty to the City of Tulare, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract by Contractor, or by any subcontractor under Contractor, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and, in particular, Sections 1810 through 1815 thereof inclusive.

V. Labor Discrimination
No discrimination shall be made in employment of persons upon Public Works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter I of Part VII in accordance with the provisions of Section 1735 of the Labor Code.

VI. Prevailing Wage
The Contractor shall forfeit as penalty, to the City of Tulare fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under the attached contract, by Contractor, or by any subcontractor under Contractor, in violation of the provisions of the Labor Code and in particular Sections 1770 to 1781 thereof, inclusive.

The City of Tulare has ascertained the general prevailing rate of wages applicable to the work to be done as set forth in the Notice Inviting Bids.

VII. Licenses and Permits, Etc.

Contractor represents and warrants that Contractor has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Contractor to provide any Services under the Agreement. Contractor represents and warrants that Contractor, at its sole cost and expense, will keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for Contractor to provide such services. Without limiting the generality of the foregoing, if Contractor is an out-of-state corporation, Contractor warrants and represents it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

VIII. Time
Contractor shall devote such time to the performance of Services pursuant to this Agreement as may be necessary for satisfactory performance of Contractor obligations under this Agreement. Neither party shall be considered in default of this Agreement, nor be entitled to additional compensation, to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.

IX. Contractor Not Agent
Except as City may specify in writing, Contractor or Contractor’s personnel shall not have authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.

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X. Confidentiality of City Information
During performance of this Agreement, Contractor may not gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, customer lists, product design, copyright, data and other vital information (hereafter, collectively referred to as "City Information”) which are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor may not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City information to any third party without the prior written consent of the City. A violation by Contractor of this Section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

XI. Contractor Information
City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor pursuant to this Agreement. In this Agreement, the term "information" shall be construed to include: any and all work product, submittals, reports, plans, specifications, deliverables consisting of documents, writings, handwritings, typewriting, printing, photocopying, photographing, computer models, and any other computer data and every other means of recording any form of information, communication representation, including letters, works, pictures, drawings, sounds or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.

Contractor shall fully defend, indemnify, and hold harmless City, its officers, employees, and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten (10) days after City is served with any such action, lawsuit or other proceeding, providing that City’s failure to provide within such time period shall not relieve Contractor of its obligations hereunder which shall survive any termination or expiration of this Agreement.

All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with any services performed by Contractor, will be disclosed upon receipt of a request for disclosure, pursuant to the California Public Records Act; providing however, that, if any information provided to City is set apart and clearly marked "trade secrets", City shall give notice to Contractor of any required disclosure of such information. The Contractor shall then have five (5) days from the date it receives such notice to enter into an agreement with the City satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff’s attorney) incurred by City in any legal action to compel the disclosure of such information under the California Public Records Act. The Contractor shall have some responsibility for defense of the actual "trade secret" designation of such information.

The parties understand and agree that any failure by Contractor to respond to the above notice provided by City and/or to enter into an agreement with City shall constitute a complete waiver by Contractor of any rights regarding the information designated "trade secret" by Contractor, and such information shall be disclosed by City pursuant to applicable procedures required by the Public Records Act.

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XII. Standard of Performance
Contractor shall assign only competent personnel to Services pursuant to this Agreement. Contractor shall notify City in writing of changes in Contractor’s staff assigned to perform the Services required under this Agreement, prior to any such performance. In the event that City, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Contractor to perform Services pursuant to this Agreement, because City in its sole discretion, determines that such person(s) is not performing adequately, Contractor shall remove such person(s) immediately upon receiving notice from City of the desire of City for the removal of such person(s).

XIII. Public Liability Insurance
As a condition precedent and prior to commencement of the work to be performed pursuant to this Agreement, the Contractor shall furnish the City of Tulare executed special endorsement forms for general liability, automobile liability, and workers compensation and employer's liability. The insurance requirements for Contractor together with the special endorsement forms, which the Contractor is expected to deliver, are annexed into this specification booklet and are considered a part of the contract. Said insurance requirements for Contractor require naming the City of Tulare, its officers, employees and agents as co-insured’s and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees and agents of the Contractor, and arising out of or in connection with the work which is the subject of this Agreement.

Notwithstanding any inconsistent statement in the insurance policy or certificate or any subsequent endorsement attached thereto, the City of Tulare shall be insured or named as additionally insured, covering the work which is the subject of this Agreement, whether liability is attributable to the Contractor or to the passive or active negligence of the City of Tulare. Said insurance shall be in effect on the date the work is commenced and shall expire no sooner than one (1) year after the date on which the work is completed and accepted by the City of Tulare. The cost of providing this insurance requirement shall be borne by the Contractor.

All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that in the event of expiration, cancellation or any reduction in scope or coverage of such policies for any reason whatsoever, the City of Tulare shall be notified by registered mail, return receipt requested, giving it sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than thirty (30) days before the cancellation or any reduction in scope or coverage is effective.

XIV. Programming Work and Maintaining Traffic
The Contractor shall so conduct Contractor’s operations as to cause the least possible obstruction and inconvenience to the public.

The Contractor shall furnish, erect and maintain such fences, barriers, lights and signs as are necessary to give adequate warning to the public at all times that work is under construction and of any dangerous conditions to be encountered as a result thereof, and Contractor shall also erect and maintain such warning and directional signs as required by the Inspector.

Residents along the road or street shall be provided access to driveways, houses and buildings, as directed by the Public Works Inspector. Temporary crossings shall be provided and maintained in good condition.

Not more than one cross or intersecting street or road shall be closed at any one time without the approval of the Public Works Inspector. In order to protect the public from dust nuisance, or damage EXHIBIT A – GENERAL PROVISIONS
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to property along the line of work, the Contractor shall adequately sprinkle the grade with water as often as necessary to control the dust.

XV. Registration of Contractors
Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code.

XVI. Patents
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.

XVII. Term, Suspension, Termination
This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

City shall have the right at any time to temporarily suspend Contractor’s performance, hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

City shall have the right to terminate this Agreement at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering Services pursuant to this Agreement. If City terminates this Agreement:

1. Contractor shall promptly deliver to City copies of all information prepared pursuant to this Agreement.

2. City shall pay Contractor the reasonable value of Services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the Agreement not been terminated or had Contractor completed the Services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as is in the judgment of the City necessary for City to determine the reasonable value of the Services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

XVIII. Indemnification
The Contractor hereby agrees to and shall protect, indemnify and hold harmless the City of Tulare and all officers, agents, representatives and employees thereof from any and all liability, claims or damages of whatsoever kind or character, including attorneys’ fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of the Contractors, Contractor's independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the City of Tulare or its officers, employees and agents while acting within the scope of their duties regarding the work to be performed pursuant to this Agreement. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims or liability. This Agreement shall be binding upon the Contractor whether or not there are any allegations of fault, negligence or liability of the indemnities hereunder.

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The Contractor agrees that the use of any and all public streets and improvements, which are part of or subject to this Agreement shall be at all, times, prior to the final acceptance by the City of Tulare, the sole and exclusive risk of the Contractor. The Contractor further specifically agree that Contractor shall indemnify and hold free of any liability the City of Tulare for any accident, loss, or damage to the work which is the subject of this Agreement prior to its completion and acceptance by the city.

XIX. Entire Agreement
This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Tulare City Code.

XX. Severability
If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

XXI. Waiver
Neither City acceptance of, or payment for, any Service or Additional Service performed by Contractor, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

XXII. Enforcement of Agreement
This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Tulare County in the State of California, and the parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

XXIII. Assignment Prohibited
The expertise and experience of Contractor are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

XXIV. Binding Effect
This Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the parties, subject to the General Provisions.

XXV. Contractor's Responsibility
Except as provided above, until the formal acceptance of the work by the City of Tulare, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage of any other cause whether arising from the execution or from the non-execution of the work. The Contractor shall EXHIBIT A – GENERAL PROVISIONS
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rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the federal government or the public enemy.

XXVI. Responsibility of City
The City of Tulare shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

EXHIBIT B – CONTRACTOR PROPOSAL
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EXHIBIT B

CONTRACTOR PROPOSAL

TO THE CITY OF TULARE
The undersigned declares that he has carefully examined the locations of the proposed work, that he has examined the plans and specifications and read the accompanying instructions to Contractors, and hereby proposes to do all the work required to complete said work in accordance with the plans, specifications, and special provisions for the unit or lump sum price set forth in the following schedule:

Route E ~ Roadsides and Median Planters
Prosperity Median (Laspina to Hillman), Corvina Median (w/o Hillman), Cartmill Grade Separation and medians (w/o M St.), Cartmill Median (w/o Retherford to Mooney Blvd.), Bardsley Grade Separation and center median planter, and Hillman Median (n/o Prosperity and s/o Leland), and Tulare Avenue Median (west of Aronian stamped brick portion).

The undersigned agrees to provide complete landscape maintenance for 12 months at the following areas for the following amounts:

LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 001-4410 Prosperity Median (Laspina to
Hillman)
$225.69 $191.84 $157.98 $146.70 $135.41
001-4410 Corvina Median (w/o Hillman) $169.53 $144.10 $118.67 $110.19 $101.72 001-4410 Cartmill Grade Separation and
medians (w/o “M” St.)
$2,719.45 $2,311.53 $1,903.62 $1,767.64 $1,631.67
001-4410 Cartmill Median (w/o Retherford to
Mooney Blvd.)
$857.84 $729.16 $600.49 $557.60 $514.70
001-4410 Bardsley Grade Separation and
center median planter
$750.83 $638.21 $525.58 $488.04 $450.50
001-4410 Hillman Median (n/o Prosperity and
s/o Leland)
$127.31 $108.21 $89.12 $82.75 $76.39
001-4410 Tulare Avenue Median (west of
Aronian stamped brick portion)
$226.03 $192.13 $158.22 $146.92 $135.62
Instructions: Contractor is to bid each area within each Route at all five (5) levels of service (see page 22-23 for Levels of Service) at a monthly cost for the initial twelve months (dates). After the initial twelve months, the Contractor agrees to a calendar year increase based on Consumer Price Indexes for the remaining contract time period. The annual increase will occur on February 1 as described under Contract Price Adjustment, page 13. The City reserves the right to select the service for each district which will determine the bid price. Contractors are cautioned to make sure amounts are adequate for each level. Each quadrant bid will be awarded to a Contractor at a service level which will be determined by the City.

PROPOSALS MAY BE REJECTED BY THE CITY COUNCIL IF THEY SHOW ANY ALTERATION OF FORM, ADDITION NOT CALLED FOR, CONDITIONAL OR ALTERNATIVE BIDS, INCOMPLETE BIDS, ERASURES OR IRREGULARITIES OF ANY KIND. THE RIGHT IS RESERVED BY THE CITY COUNCIL TO REJECT ALL PROPOSALS AND TO WAIVE ANY IRREGULARITIES IN ANY BID AT ITS DISCRETION.

Location Planter Square Ft.

Prosperity Median (Laspina to Hillman) 3,925
Corvina Median (w/o Hillman) 8,190
Cartmill Grade Separation and medians (w/o M St.) 270,465 Cartmill Median (w/o Retherford to Mooney Blvd.) 78,754 Bardsley Grade Separation and center median planter 74,615 Hillman Median (n/o Prosperity and s/o Leland) 3,656
Tulare Ave. Median (west of Aronian stamped brick portion) 6,491 Total 446,096 sq. ft.

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Contractor Proposal
Route E ~ Roadsides & Medians
Planter Square Feet:
446,096 x $ 0.13656 per Sq. Ft. per Yr. = $ 60,918.87 Per Year Route E ~ Roadsides & Medians
TOTAL YEARLY COST = $ 60,918.87 Per Year
Additional Unit Prices
As new areas are completed or other areas requiring maintenance, they may be added to the existing contract. All work is to be performed per the City of Tulare Maintenance Specifications. Show unit costs below:

Item Quantity Unit Cost
Annual Flowers – per specifications Per Flat $ 60.00
Extra Work not included as Part of Contract Cost per hour $ 60.00

Contractor
Paul Cardoza (Partner)_____________________
(Owners)
Joey Cardoza (Partner)_____________________
(Owners)
Perfect Care Landscape & Maintenance________
(Firm Name)
482 Ranch Acre Drive_______________________
(Address)
Tulare, CA ______________________93274____
(City) (Zip)
________________________________________
(Signature)
EXHIBIT C – MAP ROUTE
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EXHIBIT C

MAP ROUTE

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE F

CITY OF TULARE

PROFESSIONAL LANDSCAPE MAINTENANCE CONTRACTOR

AGREEMENT FOR ROUTE F
This Agreement is entered into this 1st day of February 2024, by and between Perfect Care Landscape & Maintenance, hereinafter referred to as “Contractor” and the City of Tulare, a chartered city of the State of California, hereinafter referred to as “City.” The term “Contractor” as used in this agreement shall mean the Contractor, his agents, employees, representatives, and subcontractors.

1. WORK TO BE PERFORMED. Contractor shall perform in a good workmanlike and substantial manner the maintenance services as set forth in this Agreement and “SPECIFICATIONS AND CONDITIONS FOR LANDSCAPE MAINTENANCE SERVICES” (attached).

2. PLACE OF PERFORMANCE. Contractor shall perform all required services at the locations described in Exhibit B (description and map).

3. TERM OF CONTRACT. Successful Contractor(s) will be awarded a two-year service agreement, ending in 2021. This contract may be renewed for three additional one-year periods unless notice is given in writing by either party thirty (30) days in advance of contract termination.

4. CHANGES IN WORK TO BE PERFORMED OR PLACES OF PERFORMANCE. City may make changes in the work to be performed, place of performance, or both, by giving thirty (30) days written notice to Contractor of the effective date of any such change. In the event that City makes a change or changes pursuant to this paragraph, the matter of any increased or decreased compensation that may be due to Contractor shall be negotiated between the parties and will be based in part on similar situations in the contract, if such situations exist.

5. AUTHORITY OF THE DIRECTOR OF COMMUNITY SERVICES. The Community Services Director shall have the authority to take such action as is reasonably necessary to administer the contract including making decisions and determinations as provided for in this Agreement. All instructions, rulings and decisions of the Community Services Director or designee shall be final and binding.

6. SATISFACTION OF CITY. Maintenance services performed by Contractor shall be performed to the satisfaction of the Community Services Director or designated representative.

7. WORK DEFICIENCIES AND CORRECTIONS. All work deficiencies of Contractor shall be corrected within five (5) days of written notification from City. Failure to comply within five (5) days may, at City’s sole discretion, result in action being taken by the City, including, but not limited to, correcting the deficiency and deducting any associated costs incurred thereby from the total monthly compensation due Contractor.

Serious violations in this regard may result in deletion of site(s) from contract and/or, the termination of this Agreement.

8. FAITHFUL PERFORMANCE BOND. Contractor shall provide the City with a faithful performance bond or other security for performance in a form acceptable to the City, and in an amount equal to one hundred percent (100%) of the original contract amount. Said bond or other security to remain in full force and effect for the duration of this Agreement and for sixty (60) days beyond the termination of this Agreement. The security shall guarantee faithful performance by the Contractor of all Contractor’s obligations and responsibilities under this Agreement.

9. PAYMENT BOND. Contractor shall provide City with a payment bond in the amount of fifty percent (50%) of the original contract amount to secure the payment of claims for labor and materials. Said bond or

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE F

other security to remain in full force and effect for the duration of this Agreement and for sixty (60) days beyond the termination of this Agreement.

10. CONTRACTOR IS AN INDEPENDENT CONTRACTOR. The parties intend that the Contractor in performing the services herein specified shall act as an independent contractor and shall have control of his work and the manner in which it is performed. Contractor is not to be considered an agent or employee of the City, and is not entitled to participate in any pension plans, or similar benefits, including workers’ compensation, that the City provides for its employees.

11. COMPENSATION. The Contractor agrees to receive and accept the following prices as full compensation to furnish all the materials and do all the work contemplated in this Agreement, except for such materials as are mentioned in the specifications to be furnished by the City:

A. Yearly Compensation. The total yearly compensation payable to Contractor for performance of maintenance services pursuant to this Agreement shall be $ 43,662.36 for 12 months.

B. Additional Work. Additional, extra, or vandalism work may be added to the existing contract at existing prices or placed out to bid formally and/or informally at the City’s sole discretion. All additional, extra, or vandalism work shall be approved in writing by the Director or designated representative before the work can be performed. As new landscaped areas are completed, or other areas are added that require maintenance, the new areas may be added to the existing contract at existing contract prices, negotiated prices or placed out to bid formally and/or informally at the City’s sole discretion. All work is to be performed per City of Tulare maintenance specifications. Should the additional, extra, or vandalism work require materials not included in the existing contract, Contractor shall be reimbursed for material costs based on actual invoices submitted by suppliers. As an alternative, City shall have the option of supplying necessary materials.

C. Manner and Time of Payment. Contractor shall submit to City an invoice by the fifth of each month for one-twelfth (1/12) of the yearly compensation and for such additional authorized work as shall have been performed within the preceding month. The Contractor will be paid monthly in arrears for work performed satisfactorily under the contract. For months in which there is only partial performance under this Agreement, the monthly compensation shall be prorated.

D. Contract Price Adjustment. Contract price adjustment as determined by the City of Tulare’s Finance Department using the Consumer Price Index for Tulare may take place annually for term of contract effective February 1, 2024. The contract unit prices may be changed in an amount equal to the percentage movement for the twelve-month period of each contract year, but in no event may exceed 5% increase per year. The contract price changes as a result of this formula shall be binding on the Contractor for the subsequent July 1-June 30 budget year. The adjustment of the bid price shall not be retroactive and shall apply only to changes incurred after approval.

12. CONTRACTOR’S RESPONSIBILITY FOR COMPLIANCE. The City shall remain responsible for any water-conservation goals, requirements, mandates, directives, legislation, or regulations, as may be or become in force at the property serviced by this Agreement. Nothing contained in this Agreement shall serve to shift the burden of compliance with such Regulations on the Contractor, or to imply or require that the Contractor will be responsible for any or all costs or damages associated with revising the irrigation schedule to accommodate the Regulations whether such revision has the net effect of less or more irrigation. City alone shall be responsible for any failure to comply with the Regulations or any of them, any damages caused by or allegedly caused by efforts to comply with or incorporate the Regulations, any and all claims, damages, actions, enforcement proceedings, penalties, assessments, tenders of defense or indemnity asserted by any party. Any regulated substances required to be applied as part of the Service shall be applied in accordance with applicable laws and regulations by properly licensed personnel and Contractor shall not be held liable for the use of such substance if properly applied in accordance with applicable laws and regulations.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE F

13. PERMITS, LICENSES AND CERTIFICATIONS. The Contractor shall obtain and, when requested, provide verification of any and all permits, licenses or certifications necessary to do the work required under this Agreement.

14. MINIMUM LIABILITY AND INSURANCE.

A. Liability. Contractor shall take all precautions necessary for the safety of and prevention of damage to property on or adjacent to the work site, and for the safety of and prevention of injury to persons, including City employees, Contractor’s employees, and third persons, on or adjacent to the work site. All work shall be performed according to law and entirely at Contractor’s risk.

B. Hold Harmless and Indemnification. To the fullest extent permitted by law, Contractor expressly undertakes to and shall defend, indemnify and save City, its officers, agents and employees free and harmless from and against any and all third-party claims, demands, damages, actions, expenses, suits, liabilities, or proceedings and other costs, including attorney’s fees, arising out of or in connection with any act, omission, work, duties, operations or negligence of Contractor or any of Contractor’s subcontractors, agents, employees, sub-lessees, or assignees arising out of any incident, injury, or damage whatsoever caused or occurring to any person or property on or arising out of the Contractor’s performance under this Agreement. The foregoing shall specifically include the obligation to defend, indemnify and save harmless City, its officers, agents, employees, or independent contractors, even if the claim, suit, action, expense, accident, injury, or damage has been caused partially by what may be characterized as, constitute, or be the equivalent of independent or passive negligence in any proportion, whether partial, concurrent or otherwise, on behalf of the City, or any of its officers, agents, employees, contractors or subcontractors. Moreover, Contractor hereby agrees to defend, indemnify, and save the City, its officers, agents, employees and independent contractors harmless from any and all claims, demands, damages, actions, expenses, attorney’s fees, and other costs that may arise out of or in connection with any failure of Contractor or any subContractor to take out or maintain such insurance or the insurance referred to in this Agreement. Contractor will defend Indemnitees until the dispute or claim is settled or a judgement rendered. At that time, the Indemnitees shall reimburse Contractor, based upon their own respective portion of the comparative negligence of all damages, losses, expenses and defense costs.

C. Insurance. During the term of this Agreement, Contractor shall maintain, pay all premiums, and keep in force the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Minimum Insurance Coverage

1. General Liability
a. Limits of Liability are to be not less than $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability products and completed Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Coverage is at least as broad as the unaltered Insurance Service Office (ISO) Form No. CG 00 01 10 01.

2. Automobile Liability
a. Limits of Liability are to be not less than $2,000,000 per accident for bodily injury and property damage.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE F

b. Coverage is at least as broad as the unaltered Insurance Service Office (ISO) Form No. CA 00 01 10 01

3. Employer’s Liability
a. Limits of Liability are to be not less than $2,000,000 per accident for bodily injury and $2,000,000 per person for disease.

4. Worker’s Compensation Insurance.
a. Limits of Liability shall be statutory.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Applicant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute to it.

3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

4. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to the City.

6. The workers’ compensation insurance is to contain, or be endorsed to contain, the following provisions:
a. The insurer shall waive its right of subrogation against the City, its officers, officials, employees, agents, or volunteers.
b. The policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice has been given to the City.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE F

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless expressly authorized in writing by the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before the work commences. The City reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage required by these specifications.

Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements as stated herein.

15. RECORDS. The Contractor shall keep accurate financial, time, and date records concerning all work or operations performed under this Agreement. Said records shall be available for City inspection upon reasonable notice.

16. MEETINGS. The Contractor shall meet with the Director or designated representative monthly, or more often as needed, for a walk-through of all areas of work to review Contractor’s performance under this Agreement. During the walk-through, City representative and Contractor may discuss any problems or matters of concern.

17. REPORTING REQUIREMENTS FOR HAZARDS, DEFECTS, SPECIAL MAINTENANCE, EMERGENCY MEASURES. Contractor shall notify City immediately of any hazardous conditions or defects on, in, or affecting the use of city property that would reasonably be found or become known during the performance of work or operations under this contract. When any hazardous condition, defect, or other situation requiring immediate maintenance attention is observed, Contractor shall take reasonable steps to alleviate any immediate hazard, defect, or danger and promptly notify the City and any appropriate authorities. Contractor shall be compensated for any such unscheduled work in accordance with the unscheduled or additional work rate set forth in Paragraph 10B.

18. NOTICES. Any notice to be given or made pursuant to this Agreement, including a notice of change in the address to which notices or payments are to be sent, be given by personal delivery to the other party or by mail addressed as follows:

TO CONTRACTOR: Perfect Care Landscape Maintenance
482 Ranch Acres Road
Tulare, CA 93274
TO CITY: City of Tulare
Community Services Department
Attn: Parks Division
830 S. Blackstone Street
Tulare, CA 93274
All notices shall be in writing. All payments shall be made by check or warrant. Notices given or made by mail shall be deemed given or made upon deposit of the notice, postage prepaid, in the United

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE F

States mail addressed in accordance with this paragraph. Notice of any changes of address shall be made in writing.

19. MODIFICATION OF AGREEMENT. Except as expressly or otherwise provided, this Agreement may be amended only by the mutual consent of the parties hereto, in writing.

20. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement shall be construed to be both a covenant and a condition.

21. WAIVER OF COVENANT OR CONDITION. One or more waivers or any breach of any covenant or condition shall not be construed as a waiver or a subsequent breach of the same or any other covenant or condition.

22. ENTIRE AGREEMENT. This Agreement comprises the entire Agreement of the parties hereto and no obligations other than those set forth shall be recognized.

23. ASSIGNMENT. Any assignment of the rights or obligations under this Agreement without the prior written consent of the City is prohibited and shall be null and void.

24. TERMINATION OF AGREEMENT. This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

City shall have the right to terminate this Agreement at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering services pursuant to this Agreement. If City terminates this Agreement:

A. Contractor shall promptly deliver to City copies of all information prepared pursuant to this Agreement.

B. City shall pay Contractor the reasonable value of Services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the Agreement not been terminated or had Contractor completed the Services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as is in the judgment of the City necessary for City to determine the reasonable value of the Services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

Contractor shall have the right to terminate this Agreement at any time by giving thirty (30) days prior written notice of termination to City.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE F

DATED: _________________________ BY: _________________________ City of Tulare City Manager
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Chief Deputy City Clerk Tulare City Attorney
CONTRACTOR:
__________________________ ___________________________
Paul Cardoza Joey Cardoza
EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 8 OF 33

EXHIBIT A

SPECIFICATIONS AND CONDITIONS FOR LANDSCAPE MAINTENANCE SERVICES A. General Conditions
Landscape maintenance for the City of Tulare shall be “priority work” for the successful Contractor. City facilities are high visibility, high traffic areas that must maintained with a sharp appearance. It is the intent of these specifications that Contractor maintain all areas as outlined in a clean, orderly, and costeffective manner for public view or use. The terms “Director” or “Community Services Director” shall mean the Director or designated representative.

B. Supplies and Equipment
The Contractor, at his own cost and expense, shall furnish and keep in good working order all necessary tools, equipment, and supplies of good quality and in the amounts necessary to fulfill these specifications. To accomplish an acceptable and professional level of maintenance, these supplies and materials shall include, but not be limited to:

1. Necessary mowers, trucks, edgers, aerators, seeders, hoses, tools, blowers, etc.

2. All necessary gas, oil, and parts for all equipment.

3. All necessary chemicals including: fertilizers, herbicides, insecticides, fungicides and rodenticides.

4. All parts necessary for the repair and proper maintenance of all irrigation systems.

5. All necessary horticultural supplies.

Contractor will substitute supplies and/or equipment at the request of the Director or designated representative.

C. Obligation of the Contractor
The Contractor, at his sole cost and expense, shall perform all labor and services and furnish all the materials, tools, equipment, supplies, and transportation as necessary for the performance of the scheduled work in accordance with these specifications. Unscheduled work, except for an emergency situation, shall be authorized by the Director or designated representative and shall be performed by the Contractor who then shall be compensated by the City on a time and materials basis. The time and materials schedule submitted by the Contractor shall be a part of this agreement.

Leaves, grass clippings, tree trimmings, and trash must be removed each time work is performed and legally disposed of by Contractor at his own expense.

D. Obligation of the City
City shall provide the following materials, supplies and/or service:

1. City is responsible for the replacement of damaged, vandalized and/or stolen irrigation system essential components, pumps, backflows and controllers, turf, landscaping, and related infrastructure unless damaged by contractor due to negligence or lack of maintenance, with the exception of tree stakes. Contractor is responsible for replacement of any and all tree stakes.

2. City is responsible for electrical and water utility costs and services.

3. City will provide contractor with emergency numbers for designated City representative and emergency personnel.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 9 OF 33
E. Subcontracting
A portion of the work covered by a contract awarded pursuant to these specifications can be subcontracted with prior approval of City. Contractor must develop procedures specifying how it will manage the subcontractor and maintain quality work and results through the subcontractor. Lists of subcontractors with their qualifications shall be submitted to City thirty (30) days before their intended use. All subcontractors must demonstrate they are United States citizens or have a legal right to work in the United States. All subcontractors must have the required insurance coverages and licenses as Contractor.

F. Contractor’s Personnel
Contractor shall provide sufficient qualified and trained personnel capable of meeting these terms, conditions, and specifications.

Contractor shall provide a list including all Contractors’ and subcontractors’ employees assigned to work sites. List shall include name for each Contractor employee and must demonstrate they are a United States citizen or have a legal right to work in the United States. Contractor must update list within fortyeight (48) hours of any change. In the event an employee leaves the employment of Contractor during the term of this agreement, Contractor is to immediately notify the City’s representative of their employee’s termination and confiscate the employee’s identification badge.

Contractor shall provide the City with names and telephone numbers of appropriate persons to be called in case of emergency.

Contractor will assign a qualified, trained supervisor to oversee work performed at the work site and to act as Contractor's liaison with City's representative. This supervisor shall have at least three (3) years of commercial landscape or municipal park maintenance supervision experience. The supervisor shall be able to speak, read, and write English and be capable of writing schedules, making monthly reports noting deficiencies in need of correction, and planning for upcoming major projects.

Contractor shall provide an ongoing documented training program for all Contractors’ employees performing work at City's work site. Training program shall include, but not be limited to, understanding of City's maintenance contract, quality standards, task definitions, M.S.D.S. sheets, Cal-OSHA regulations and all other safety regulations as required.

G. Work Performance
The Contractor will adhere to the highest quality standards of the landscape maintenance profession.

The specifications and standards shall be met by Contractor at all times regardless of Contractor's employees' absence or established staffing pattern and levels.

All material and workmanship shall be of the highest quality. All work shall be subject to the satisfaction of the Parks Manager, who may exercise such control of the work as is required to safeguard the interests of the City and private property owners.

Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take precautions required by all applicable governmental regulations.

The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 10 OF 33
H. Work Schedule
Contractor is to provide City with a work schedule describing the work to be performed in each area. All work schedules shall conform to all applicable City ordinances and be designed in a manner to provide the desired level of service. The Director or designated representative may modify the proposed work schedule as needed to provide the desired level of service. Clippings, cuttings, trash and debris shall be removed each time work is performed.

Contractor's normal work shall be performed between 6:00 a.m. and no later than 6:00 p.m., Monday through Friday (except holidays). All work is to be conducted in a professional manner that is not disruptive to City residents, visitors or offices, library or senior center patrons. Contractor will provide City a full-year schedule of all daily, weekly, biweekly, monthly, quarterly, semi-annual and annual services, giving specific days and dates. Any non-emergency work that may be deemed hazardous or disruptive (i.e., chemical spraying, tree pruning, etc.) will be scheduled at least two (2) weeks in advance with City representative. City reserves the right to change schedules for special events or to resolve conflicts with adjacent property owners/tenants.

For emergency work, Contractor must obtain written approval from City's representative prior to commencing work.

I. Level of Service
Levels of Service shall be maintained per specifications of this contract. Funding in each district will determine the required interval of service. The Contractor is to determine the work necessary to maintain each district in compliance with contract specifications. The City prefers the highest level of service this contract will provide but reserves the right to determine which level of service will be assigned to each district.

Level “A” Service One-week interval (52 weeks a year)
Level “B” Service Two-week interval for four months (November - February) One-week interval for eight months (March - October)
Level “C” Service Two-week interval (52 weeks a year)
Level “D” Service Once a month service for four months (November - February) Two-week interval for eight months (March - October)
Level “E” Service Once a month service (12 months a year)

SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES
A. Irrigation
Irrigation shall be performed as required to maintain proper plant growth in all areas. Daily shallow water applications are to be avoided in favor of deeper water applications and in quantities required by the different plant species at different times of the year.

Normal watering shall be accomplished at times of the night or early morning which promote the health of all plants and minimize the inconvenience to people using the area. Water on turf and groundcover areas is generally to be applied between 10:00 p.m. to 4:00 a.m. and 9:00am to 11:00am on assigned EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 11 OF 33
water days by Parks Manager, where possible, to lower the risk of fungus in cool season turf. Water shall be applied in short repeat cycles of 3-5 minutes each to prevent run-off into the street. Care shall be taken not to over-water or flood any soil.

Failure of an existing system to provide full and adequate coverage shall not relieve the Contractor of the responsibility to provide proper coverage of all areas using hose bibs, quick couplers, etc. Providing any supplementary hoses, sprinklers, nozzles, etc., necessary to accomplish full coverage shall be the Contractor’s responsibility.

The Contractor shall comply with the Water Conservation Ordinance, as found in Tulare Municipal Code Section 7.32. Information outlining this ordinance shall be provided to Contractor by the City. During periods of restricted water use, all governmental regulations shall be followed. Contractor shall perform a water audit when requested by Director or designated representative. Should modifications of irrigation systems and/or schedules be required to facilitate adherence to these regulations, the Contractor shall notify the Director or designated representative of the suggested modifications.

Irrigation water shall be carefully applied and monitored weekly by the Contractor. Excessive water runoff or overflow onto hard surface areas shall be kept to an absolute minimum so as to conserve water and not waste. During summer months, a weekly visual inspection of the irrigation system shall be performed to identify system defects. This includes, but is not limited to, breaks in lines, heads, leaks and wash outs, saturated areas or dry spots. Problems reported to the Contractor by the Director or designated representative must be corrected within twenty-four (24) hours of the report.

Contractor is responsible for proper adjustment of all components of the irrigation system, from the controllers to the individual sprinkler heads. All irrigation system components shall be inspected as needed and a written summary of any findings turned in within one week of inspection.

All irrigation controllers shall be adjusted seasonally and turned off during periods of rain. Contractor shall turn on and program controllers at the completion of each rainy period. Each time the schedule is changed, due to seasons or any other reason, a revised schedule shall be provided to the Parks Manager.

All irrigation equipment shall be maintained in good working condition and shall function properly at all times. The Contractor shall be responsible for the maintenance and/or replacement of all irrigation systems and their parts (excluding only the VFD, booster pumps, backflow prevention devices, irrigation controllers, irrigation decoders, and modules unless damage to these systems was caused by the Contractor or employees at his own expense). Included in the system are: remote control valves and boxes, box covers, gate valves, quick coupling valves, main lines, control wiring, lateral lines, all fittings and riser assemblies, hose bibs, sprinkler heads, and vandal-proof enclosures.

All minor repairs such as nozzle adjustments and repair of broken risers (lateral line and/or swing joint to sprinkler head) shall be included in the monthly maintenance cost. Contractor shall be responsible for minor repairs and will not bill these repairs as “Additional Work.” Replacement parts for irrigation systems shall be new and of similar or better quality as what was initially installed. The City’s representative may permit substitution of brand name parts only with advance approval. Unless included under minor repairs, Contractor will not purchase any new parts without prior approval by the Director or designated representative.

The Contractor shall, at least once a week, inspect all areas covered by an automatic irrigation system for any malfunction. Approximately thirty (30) days prior to contract conclusion, a comprehensive test of EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 12 OF 33
all irrigation systems shall be made by the Director or designated representative. Any repairs deemed the Contractor’s responsibility shall be made by the Contractor prior to the end of the contract period.

If the repairs made are not to the Parks Manager’s satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies as determined by the Director.

Irrigation systems which are damaged or altered in any way as a result of work performed under this contract shall be repaired or replaced by the Contractor in kind and in an approved manner. Repairs shall be made immediately after damage or alteration occurs, unless otherwise directed. For repairs not made, or not made to the satisfaction of the Parks Manager, the work will be done by others and billed to the Contractor.

Repairs made due to vandalism or faulty components shall be billed as extra work. Repairs to backflow devices and irrigation controllers will be either the City’s responsibility or extra work as determined by the Director or designated representative.

B. Pesticide Application
The Contractor shall be responsible for the control and elimination of weeds, insects, rodents and diseases affecting all work areas under his control. The Contractor shall possess all permits and licenses required by the State of California, Department of Food and Agriculture, prior to the application of any pesticide. A licensed, trained technician shall perform all chemical applications. Any pesticide used shall be listed on the State of California, Department of Food and Agriculture’s approved list and Contractor shall submit all pesticide use reports to the Tulare County Agricultural Commissioner.

Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the Tulare County Agricultural Commissioner. In addition, all pesticides used must have the written approval of the Director or designated representative prior to application of pesticides.

C. Weed Control
Pre- and post-emergent herbicides shall be used for weed control upon prior approval of the Parks Manager. A licensed, trained technician shall perform all chemical applications. Contractor shall notify City representative in advance of any chemical applications. City's representative must also have a copy of the current M.S.D.S. for every chemical being applied. Contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, the Department of Health, and the Department of Industrial Relations regarding the safe application of herbicides under this contract.

Care shall be taken to ensure the safety of the public and the contractor’s employees during chemical weed control operations. The Director or designated representative may restrict the use of chemical weed control in certain areas. Contractor shall exercise great care to avoid herbicide drift onto non-target plants and adjacent residential areas.

All turf grass areas and planter areas shall be treated for pre-emergent weed control at least twice yearly with a product approved by the Parks Manager. All shrub beds shall be kept in friable condition and free of weeds. All ground cover areas shall remain weed free. All fence lines, light standard bases, tree wells, buildings and structures shall be weed free.

Turf areas shall be sprayed as necessary for weed control. Where weed encroachment is on a small scale, weeds shall be removed manually. Weeds taller or broader than four inches (4") in the planted area shall be mowed, hoed or hand-pulled. Small weeds may be controlled by applying a foliage-applied or soil herbicide before the weeds exceed four inches (4"') in height. Dead weeds that are unsightly shall be removed. Existing mulched areas, sidewalks, and pathways shall be maintained weed free.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 13 OF 33
D. Disease, Rodent, and Insect Control
The Contractor is responsible for the inspection, control, and eradication of all disease, rodent, and insect infestations in the landscaped areas maintained under this contract. Contractor shall notify the Parks Manager when finding such a condition, and outline identification and control measures to be taken if the pests are causing damage or dramatically lessening the aesthetic quality of the plants.

Whenever an appropriate nonchemical treatment for a pest is available, its use shall be given preference over chemical treatment. Contractor shall provide timely recommendations for remedies to any chronic pest problems. Upon approval of the Parks Manager, the Contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and Contractor’s employees.

E. Tree Maintenance
Contractor shall provide proper watering of all trees, where water is available, whether done by automated irrigation systems or manually with the use of hoses. Trees shall be maintained in an erect, upright manner and shall be staked as necessary to maintain this position. Pruning and trimming of trees shall be limited to removal and disposal of any dead and/or broken branches and any sucker growth located in or on the tree.

Newly planted trees that do not have trunk caliper sufficient to support the tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between 2 approved 2" x 2" x 10' treated tree stakes. Split plastic hose or black tire casings held in place by 12-gauge wire shall be used to secure the young trees. Tree ties are to be inspected often for signs of girdling or abrasion.

Contractor shall remove or loosen any and all tree stakes and/or ties whenever damage to the trunk is being caused by girdling. Stakes shall be removed when the tree has sufficient strength to support itself.

Contractor shall be responsible for replacing and reinstalling all tree stakes that are missing or broken, whether from Contractor’s operations or through vandalism or theft.

All tree pruning activities shall be performed by trained, experienced personnel. All pruning is to be done in accordance with International Society of Arboriculture (I.S.A.) pruning standards. All personnel engaged in pruning activity shall be made aware of these standards by Contractor.

Contractor is totally responsible for any subcontractors they engage to do tree pruning or other work within the assigned job sites. Contractor's responsibility regarding subcontractors includes, but is not limited to, the quality of work and related experience, and appropriate liability insurance coverage. All subcontractors must be approved in advance by the Director or designated representative.

Contractor shall be responsible for all pruning which can be reached with a 12' pole saw by a worker standing on the ground. All trees are to be maintained in their natural shape. Canopy clearance is to be maintained above walks at 10'-0" and above streets at 14'-0" for pedestrian and traffic safety as per Ordinance Code 8.32.080.

The Contractor shall bring to the Director or designated representative’s attention within 24 hours any tree which shows root heaving, leaning, having hanger limbs, or is in some manner constituting a safety hazard.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 14 OF 33
F. Pruning and Edging of Shrubs and Groundcovers
Contractor shall be responsible for the pruning, edging, and thinning of all shrubs and ground covers to the satisfaction of the Director or designated representative. Pruning shall be done to promote the natural growth habit of each individual plant; to maintain proper plant health by cutting out dead, diseased or injured wood; and to control growth when an unshapely shrub or ground cover might otherwise result. All shrubs and bushes covering/ blocking a block wall shall be maintained at a height of no more the height of the block wall nor less than two (2) feet lower than the height of the block wall.

All cuts shall be made cleanly using sharp pruning tools leaving no branch stubs. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All dead, dying, or damaged branches shall be removed immediately.

All ground cover areas shall be kept free of weeds, trash, and debris. Planted areas may be sprayed and/or manually weeded.

Ground covers shall be trimmed on a regular basis. A four-inch (4") buffer zone shall be maintained around all obstacles and edges with the exception of shrubs and trees that will have a twenty-four-inch (24") buffer. All plant growth shall be prevented from covering or blocking electrical meters, irritation controllers, back flows, valve boxes, water meters and also from entering onto walkways, roadways, and other hard surface areas, unless to create a special effect, such as cascading over a wall or fence. Clear view of traffic signs and intersections is to be maintained at all times.

Ground covers that regenerate and flourish from occasional mowing may be mowed only between February 15 and April 1. To promote rapid regrowth, mowing of an entire stand of groundcover shall always be accompanied by fertilizer which is watered in. Edging shall be done to present a neat appearance and prevent overgrowth of curb or sidewalk. Edging shall not be done by chemical methods; unless a growth retardant is utilized that has been pre-approved by the Director or designated representative.

All ground cover/shrub areas where mulch is utilized are to be checked one time per year for maintenance of an even covering of approximately 1” of mulch.

G. Mowing, Edging, and Blowing of Turf
Contractor shall be responsible for mowing and blowing all turf grass area. Mowing shall occur once a week or as assigned depending on level of service during the growing season to maintain the proper height. Bermuda grass shall be mowed to maintain a height of no more than 1½ inches nor less than ¾ inch. Fescue and other cool season turf shall be mowed to a height of three (3) inches during spring and summer and no less than 2-½ inches during fall and winter. All turf grass shall be edged at least weekly on a vertical plane along sidewalks and other paved and hard surface areas as necessary to prevent overgrowth. Edging shall not be done by chemical methods.

If weather conditions do not permit regular mowing, longer intervals may be observed. Contractor is not to mow turf when it is in a wet, saturated condition that would cause rutting, tearing, or sliding on the turf surface, or when it could be unsafe for contractor’s employees to operate equipment.

Turf is to be cut with the size of equipment that will give a neat appearance without rutting, sliding over, or scalping the turf. This requirement will be strictly enforced, including cases of steep turf slopes.

Mowing patterns are to be changed weekly or however often necessary to avoid rutting.

Contractor will maintain sharp blades on all mowers. No mowing will be done without proper safety shields in place. Recycling mowers are allowed. Contractor shall be required to pick up and dispose of EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 15 OF 33
grass clippings after each mowing/edging operation unless the clippings are expected to dry and drop beneath the growing level of the turf within 24 hours.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. A string trimmer shall be used to trim around obstructions in the turf, such as valve boxes, header boards, etc., on a regular basis to obtain a crisp look. Trees, buildings, signs and all other obstructions not on the plane of the turf shall have a buffer zone maintained down to bare soil.

Tree basin buffers shall be twenty-four inches (24") in diameter for new trees and all other buffer zones shall be four inches (4") wide. The edges of these buffer zones should be neatly trimmed on a regular basis with a string trimmer.

Contractor shall be responsible for repair of damage caused by mowing or other activities. Any trees which have more than fifty percent (50%) of the trunk removed in a given three-inch (3") area of trunk by string trimmers or mowers shall be considered destroyed and shall be replaced at Contractor’s expense with like species and size.

H. Pocket Parks and Neighborhood Trails
Contractor shall be responsible for picking up litter, emptying out trash receptables, and restocking dog waste dispenser/s. Dog waste bags and trash receptable liners will be supplied by the City.

I. Annual Flower Maintenance
Annual flowers are to be maintained at various locations as part of the regular work under this contract.

J. Graffiti Removal
Graffiti shall be reported to the City of Tulare Graffiti Hotline at (559)684-4279.

Contractor shall report to the Parks Manager any large or continual amount of graffiti in landscaped areas.

K. Shopping Cart Removal
Contractor shall remove abandoned shopping carts or call the City of Tulare Streets Department at (559)684-4322 for assistance in removing abandoned shopping carts from the landscaped areas.

L. Liability for Damages
The Contractor shall be fully responsible for any and all damage done to City property that results from Contractor’s operations. This shall include, but not be limited to, the repair, removal, and replacement at Contractor’s expense, of shrubs, trees, vines, turf grass, groundcover or other landscape items that are lost or damaged due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, herbicide damage, or lack of proper maintenance and operations. This shall also include any damage done to buildings and other improvements due to Contractor’s negligence. The Director or designated representative shall determine negligence. The City shall be responsible for replacing any plant material that has died due to acts of vandalism or theft.

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M. Protection and Security of Work Sites
The Contractor shall be responsible for the opening, closing, protection, and securing of certain work sites. Contractor shall obtain the necessary keys from the Parks Manager for use in securing all gates and locks associated with said sites.

N. Additional or Extra Work
This Agreement covers routine work as specified herein. Requested extra or emergency work shall be defined as any work beyond the general routine landscape maintenance work outlined in this Agreement. Unscheduled maintenance work that would be billable above and beyond the monthly fixed price shall be performed only with the prior written approval of the Director or designated representative.

The City reserves the right to competitively bid anything beyond the monthly scope or use the time and material rates quoted in Contractor's proposal.

It is the Contractor's responsibility to advise the Parks Manager of problems and needed upgrades or repairs to keep the landscape in a safe, functional, healthy and attractive condition at all times. In the event Contractor notices a problem or work needed beyond the routine landscape maintenance work outlined in the Agreement, Contractor shall issue Additional Work estimates to the City representative.

Examples of possible extra work may include:

1. Aeration and Dethatching of Turf
Aeration: All Bermuda turf areas should be aerated a minimum of twice annually. This service will be provided one time in the spring and one time in late summer or early fall. Equipment used to perform this task shall consist of an aerator that is either vertically-operated with hollow tines or a slicer-type. Soil depth affected by aeration shall be a minimum of two inches (2"). All irrigation heads must be flagged before aerating.

Dethatching: When thatch in the turf areas accumulates to a maximum one-half inch (½"), the thatch is to be removed by means of a mechanical rake or other similar device to promote proper turf growth. The debris remaining on the turf as a result of dethatching is to be removed by sweeping the turf with a turf sweeper. Dethatching should not occur more than once annually.

2. Graffiti Removal
All graffiti removal shall be considered additional work outside of the base contract. After notifying the Parks Manager and receiving approval to proceed, graffiti shall be removed within two (2) days by steam cleaning or other appropriate method that will not change the appearance of the original surface or its texture. Graffiti areas may require coating surfaces with an approved graffiti sealer.

3. Vandalism
Contractor shall notify the Parks Manager immediately of any acts of vandalism and/or theft to City property. City shall be responsible for repairing or replacing any City property which has been vandalized or stolen. Vandalism clean-up or repair work may be added to the existing contract at existing contract prices or placed out to bid formally or informally at the City’s sole discretion.

4. Annual flowers
Changing out annuals twice per year on a schedule to be determined by the City will be treated as and paid for as Extra Work. When replacing the annuals, the Contractor shall use “jumbo” bedding plants (36 per flat) and space the plants a maximum of 12" on center. The Parks EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 17 OF 33
Manager reserves the right to determine the type of annual (tall vs. spreading) or request that a specific plant be used (pansy vs. calendula). Annuals used are to be appropriate for the site and not block signs or sprinklers.

O. Emergency Work
Emergency work shall require a shortened response time of between thirty (30) minutes and four (4) hours, depending on the nature of work needed.

The Contractor and/or their subcontractors shall have sufficient labor, materials, cell phone availability, and call-out procedures to assure that staffing is available to allow unplanned emergency repairs or maintenance. The Parks Manager will work closely with the Contractor to develop a specific procedure required to react to landscape maintenance emergencies.

P. Reporting and Inspections
Regular inspections of the maintained areas will be completed by the Parks Manager and/or his designee weekly or as required. Communication with the Contractor and documentation of inspection reports will be through written inspection reports, faxes, e-mails, photographs, Global Positioning System (GPS) coordinates, and video recordings. Contractor shall be in possession of sufficient equipment to receive, review, and respond to reports in any format.

A written report is to be given to the Parks Manager daily if and when unusual circumstances arise, suspicious people are observed, lighting is inoperable, major irrigation breaks occur, safety hazards are present, etc. For emergencies and safety hazards, the Parks Manager is to be called immediately.

Unusual horticultural problems such as pests, diseases, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the Parks Manager or the Director’s attention when they are noticed.

The Contractor’s supervisor and the Parks Manager and/or his designee shall meet once per month to review the work site(s) to ensure compliance with the contract specifications and standards. At this meeting, Contractor’s shall submit a monthly written report listing major accomplishments for the previous month, notable problems, schedule changes, and goals and deadlines for the coming month.

Contractor is responsible to initiate the monthly meetings and the Parks Manager will be responsible for documenting the meetings. Lack of a complete and timely monthly report may delay payment.

The Parks Manager and/or his designee shall report any maintenance discrepancies to Contractor.

Contractor shall correct any discrepancies at Contractor’s cost within five (5) business days of written notification.

A weekly inspection report will be provided by the Parks Manager and/or his designee to the Contractor to notify the Contractor of any deficiencies and discrepancies.

Q. Chemicals
No Category I pesticides shall be used. Category II pesticides may be used with the authorization of the Parks Manager. City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Material Safety Data Sheets (M.S.D.S.) shall be provided to City at least one (1) week prior to the use of that chemical. Materials used shall be non-staining, noncorrosive and shall not leave a flammable residue.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 18 OF 33
The Contractor is also responsible for submitting chemical usage reports to the Tulare County Agricultural Department.

R. Fertilization
Fertilizer shall be applied as needed for healthy, vigorous plant growth. City anticipates that nitrogen will be the main deficiency in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Turf shall be fertilized to keep a healthy green appearance at all times. Fertilization will be performed a minimum of four times per year. Two of these applications will be applied with slow-release fertilizer and the other two with quick release fertilizer. All turf fertilizer shall be watered thoroughly within 2 hours of application.

Fertilizer will be put down according to the following schedule (dates are approximate due to weather fluctuations). Contractor to advise Director or designated representative of planned fertilizer applications at least ten (10) days before they take place.

March-April Slow-release fertilizer shall be applied in early spring June Quick release shall be applied in early summer
Early September Quick release shall be applied a second time in summer Mid-October Slow-release fertilizer shall be applied in early fall Annual flowers will be fertilized with a slow-release fertilizer every eight (8) weeks. Flowering is encouraged with regular applications of 0-10-10 fertilizer.

Soil analysis shall be performed when and where necessary. Fertilizer and/or other soil amendments are to be added as recommended by the laboratory performing the analysis. Costs for this analysis will be billed to City after receiving prior approval from Parks Manager.

S. Organic Soil Amendments and Mulches
Contractor will use only commercially available organic soil amendment or ground wood product that is nitrogen-stabilized, such as bark or sawdust. Shredded redwood bark shall not be used.

Wood chip mulch shall consist of clean wood chips that are compatible with what is presently on site.

Chips produced from tree trimmings containing leaves or small twigs are not considered acceptable unless authorized by the Parks Manager.

Any topsoil applied shall be a fertile, friable soil of loamy character that is capable of supporting healthy plant growth.

T. Debris Removal and Surface Cleanup
Contractor shall keep all landscaped areas, walkways, and building entrances/ exits free from trash and debris. All paper and trash at these job sites, including parking lots, shall be removed by Contractor. If there is a large and continual amount of trash, Contractor shall report it to the Parks Manager immediately.

Contractor is responsible for cleanup and disposal at his own expense of all debris, trimmings, clippings, etc., resulting from maintenance operations. Excessive leaves and litter (dead twigs, branches, leaves, bark, etc.) shall be removed as it accumulates in maintained areas. Tree wells in hardscape areas shall EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 19 OF 33
be kept free of litter. Pine needles and tree debris which fall into ground cover areas must be removed weekly. Leaves and other organic material which might be useful in some landscape areas as mulch may be left in place upon prior approval of City’s representative.

Blowing of sidewalks, curbs, entrances, and parking areas will be done weekly. In cases where blowing is insufficient to clean up after the Contractor’s operations, the area will be washed down with a hose or swept. Cleanups may be required more often than weekly during some seasons.

Contractor shall be responsible for weekly parking lot sweeping, blowing, and removal of debris, clippings, leaves and trash within 5 feet of curb lines, planter curbs, sidewalk edges, and behind tire stops unless specified different for that site. Interior areas of parking lots will be swept by City street sweeper.

EXHIBIT A – GENERAL PROVISIONS
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GENERAL PROVISIONS
I. Independent Contractor
It is understood and agreed that Contractor (including Contractor’s employees) is an independent Contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel shall be entitled to benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Agreement, and Contractor shall be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Contractor’s employees or third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefore exists for any purpose whatsoever reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement. (As used in these General Provisions, the term "Services" shall include both Services and Additional Services as such terms are defined elsewhere in this Agreement).

It is further understood and agreed by the parties hereto that Contractor, in performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Contractor for accomplishing such results.

If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Contractor’s assigned personnel and subcontractors.

The provisions of this Section shall survive any expiration or termination of this Agreement. Nothing in this Agreement shall be construed as to create an exclusive relationship between City and Contractor.

II. Laws to be Observed
It shall be the Contractor’s responsibility to be fully informed of all existing and future State and National Laws and all municipal ordinances and regulations of the City of Tulare which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

III. Alien Labor
The Contractor shall forfeit as penalty to the City of Tulare, ten dollars ($10.00) for each alien knowingly employed in the execution of the contract, by Contractor or by any subcontractor under Contractor on any part of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and, in particular, Sections 1850 and 1854 thereof, inclusive.

EXHIBIT A – GENERAL PROVISIONS
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IV. Hours of Labor
The Contractor shall forfeit, as penalty to the City of Tulare, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract by Contractor, or by any subcontractor under Contractor, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and, in particular, Sections 1810 through 1815 thereof inclusive.

V. Labor Discrimination
No discrimination shall be made in employment of persons upon Public Works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter I of Part VII in accordance with the provisions of Section 1735 of the Labor Code.

VI. Prevailing Wage
The Contractor shall forfeit as penalty, to the City of Tulare fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under the attached contract, by Contractor, or by any subcontractor under Contractor, in violation of the provisions of the Labor Code and in particular Sections 1770 to 1781 thereof, inclusive.

The City of Tulare has ascertained the general prevailing rate of wages applicable to the work to be done as set forth in the Notice Inviting Bids.

VII. Licenses and Permits, Etc.

Contractor represents and warrants that Contractor has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Contractor to provide any Services under the Agreement. Contractor represents and warrants that Contractor, at its sole cost and expense, will keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for Contractor to provide such services. Without limiting the generality of the foregoing, if Contractor is an out-of-state corporation, Contractor warrants and represents it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

VIII. Time
Contractor shall devote such time to the performance of Services pursuant to this Agreement as may be necessary for satisfactory performance of Contractor obligations under this Agreement. Neither party shall be considered in default of this Agreement, nor be entitled to additional compensation, to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.

IX. Contractor Not Agent
Except as City may specify in writing, Contractor or Contractor’s personnel shall not have authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.

EXHIBIT A – GENERAL PROVISIONS
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X. Confidentiality of City Information
During performance of this Agreement, Contractor may not gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, customer lists, product design, copyright, data and other vital information (hereafter, collectively referred to as "City Information”) which are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor may not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City information to any third party without the prior written consent of the City. A violation by Contractor of this Section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

XI. Contractor Information
City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor pursuant to this Agreement. In this Agreement, the term "information" shall be construed to include: any and all work product, submittals, reports, plans, specifications, deliverables consisting of documents, writings, handwritings, typewriting, printing, photocopying, photographing, computer models, and any other computer data and every other means of recording any form of information, communication representation, including letters, works, pictures, drawings, sounds or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.

Contractor shall fully defend, indemnify, and hold harmless City, its officers, employees, and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten (10) days after City is served with any such action, lawsuit or other proceeding, providing that City’s failure to provide within such time period shall not relieve Contractor of its obligations hereunder which shall survive any termination or expiration of this Agreement.

All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with any services performed by Contractor, will be disclosed upon receipt of a request for disclosure, pursuant to the California Public Records Act; providing however, that, if any information provided to City is set apart and clearly marked "trade secrets", City shall give notice to Contractor of any required disclosure of such information. The Contractor shall then have five (5) days from the date it receives such notice to enter into an agreement with the City satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff’s attorney) incurred by City in any legal action to compel the disclosure of such information under the California Public Records Act. The Contractor shall have some responsibility for defense of the actual "trade secret" designation of such information.

The parties understand and agree that any failure by Contractor to respond to the above notice provided by City and/or to enter into an agreement with City shall constitute a complete waiver by Contractor of any rights regarding the information designated "trade secret" by Contractor, and such information shall be disclosed by City pursuant to applicable procedures required by the Public Records Act.

EXHIBIT A – GENERAL PROVISIONS
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XII. Standard of Performance
Contractor shall assign only competent personnel to Services pursuant to this Agreement. Contractor shall notify City in writing of changes in Contractor’s staff assigned to perform the Services required under this Agreement, prior to any such performance. In the event that City, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Contractor to perform Services pursuant to this Agreement, because City in its sole discretion, determines that such person(s) is not performing adequately, Contractor shall remove such person(s) immediately upon receiving notice from City of the desire of City for the removal of such person(s).

XIII. Public Liability Insurance
As a condition precedent and prior to commencement of the work to be performed pursuant to this Agreement, the Contractor shall furnish the City of Tulare executed special endorsement forms for general liability, automobile liability, and workers compensation and employer's liability. The insurance requirements for Contractor together with the special endorsement forms, which the Contractor is expected to deliver, are annexed into this specification booklet and are considered a part of the contract. Said insurance requirements for Contractor require naming the City of Tulare, its officers, employees and agents as co-insured’s and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees and agents of the Contractor, and arising out of or in connection with the work which is the subject of this Agreement.

Notwithstanding any inconsistent statement in the insurance policy or certificate or any subsequent endorsement attached thereto, the City of Tulare shall be insured or named as additionally insured, covering the work which is the subject of this Agreement, whether liability is attributable to the Contractor or to the passive or active negligence of the City of Tulare. Said insurance shall be in effect on the date the work is commenced and shall expire no sooner than one (1) year after the date on which the work is completed and accepted by the City of Tulare. The cost of providing this insurance requirement shall be borne by the Contractor.

All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that in the event of expiration, cancellation or any reduction in scope or coverage of such policies for any reason whatsoever, the City of Tulare shall be notified by registered mail, return receipt requested, giving it sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than thirty (30) days before the cancellation or any reduction in scope or coverage is effective.

XIV. Programming Work and Maintaining Traffic
The Contractor shall so conduct Contractor’s operations as to cause the least possible obstruction and inconvenience to the public.

The Contractor shall furnish, erect and maintain such fences, barriers, lights and signs as are necessary to give adequate warning to the public at all times that work is under construction and of any dangerous conditions to be encountered as a result thereof, and Contractor shall also erect and maintain such warning and directional signs as required by the Inspector.

Residents along the road or street shall be provided access to driveways, houses and buildings, as directed by the Public Works Inspector. Temporary crossings shall be provided and maintained in good condition.

Not more than one cross or intersecting street or road shall be closed at any one time without the approval of the Public Works Inspector. In order to protect the public from dust nuisance, or damage EXHIBIT A – GENERAL PROVISIONS
PAGE 24 OF 33
to property along the line of work, the Contractor shall adequately sprinkle the grade with water as often as necessary to control the dust.

XV. Registration of Contractors
Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code.

XVI. Patents
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.

XVII. Term, Suspension, Termination
This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

City shall have the right at any time to temporarily suspend Contractor’s performance, hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

City shall have the right to terminate this Agreement at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering Services pursuant to this Agreement. If City terminates this Agreement:

1. Contractor shall promptly deliver to City copies of all information prepared pursuant to this Agreement.

2. City shall pay Contractor the reasonable value of Services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the Agreement not been terminated or had Contractor completed the Services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as is in the judgment of the City necessary for City to determine the reasonable value of the Services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

XVIII. Indemnification
The Contractor hereby agrees to and shall protect, indemnify and hold harmless the City of Tulare and all officers, agents, representatives and employees thereof from any and all liability, claims or damages of whatsoever kind or character, including attorneys’ fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of the Contractors, Contractor's independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the City of Tulare or its officers, employees and agents while acting within the scope of their duties regarding the work to be performed pursuant to this Agreement. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims or liability. This Agreement shall be binding upon the Contractor whether or not there are any allegations of fault, negligence or liability of the indemnities hereunder.

EXHIBIT A – GENERAL PROVISIONS
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The Contractor agrees that the use of any and all public streets and improvements, which are part of or subject to this Agreement shall be at all, times, prior to the final acceptance by the City of Tulare, the sole and exclusive risk of the Contractor. The Contractor further specifically agree that Contractor shall indemnify and hold free of any liability the City of Tulare for any accident, loss, or damage to the work which is the subject of this Agreement prior to its completion and acceptance by the city.

XIX. Entire Agreement
This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Tulare City Code.

XX. Severability
If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

XXI. Waiver
Neither City acceptance of, or payment for, any Service or Additional Service performed by Contractor, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

XXII. Enforcement of Agreement
This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Tulare County in the State of California, and the parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

XXIII. Assignment Prohibited
The expertise and experience of Contractor are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

XXIV. Binding Effect
This Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the parties, subject to the General Provisions.

XXV. Contractor's Responsibility
Except as provided above, until the formal acceptance of the work by the City of Tulare, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage of any other cause whether arising from the execution or from the non-execution of the work. The Contractor shall EXHIBIT A – GENERAL PROVISIONS
PAGE 26 OF 33
rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the federal government or the public enemy.

XXVI. Responsibility of City
The City of Tulare shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 27 OF 33

EXHIBIT B

CONTRACTOR PROPOSAL

TO THE CITY OF TULARE
The undersigned declares that he has carefully examined the locations of the proposed work, that he has examined the plans and specifications and read the accompanying instructions to Contractors, and hereby proposes to do all the work required to complete said work in accordance with the plans, specifications, and special provisions for the unit or lump sum price set forth in the following schedule:

Route F
West/Cross Street Ponding Basin, Woman’s Clubhouse, Gem St Triangle Median, Lyndale/Blackstone, Black Bear Wall, Cross Ave. Planters/Street Trees, Foster Freeze Planter, Mountain View Ponding Basin, Stockham Ponding Basin, Corp Yard Planters/Parking Lots, SR99 Northbound Entrance Sign, Brentwood Wall/Tree Wells/sidewalk, Prosperity Ave/West St Wall/Tree Wells/Sidewalk, Hillman (N/O and S/O Hillcrest), K St Parking Lot, Tulare/K Parking Lot, N. L Parking Lot, WIC Parking Lot, Downtown Breezeway Landscape, S. L Parking Lot, Inyo Parking Lot, J/K Landscaped Triangular Median, Adair/Evans Parking Lot, N. K Parking Lot The undersigned agrees to provide complete landscape maintenance for 12 months at the following areas for the following amounts:

LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 001-4410
West/Cross St. Ponding Basin
Improvements Include 15,690 sq. ft. of
landscaping including fence line planter
areas and sidewalks adjacent to the
landscape areas, located at the N/E corner
of West St and Cross Ave.
$297.15 $252.58 $208.01 $193.15 $178.29
001-4410
Woman’s Clubhouse
Improvements include 22,462 sq. ft. of
landscaping including fence line planter
areas and parking lot and sidewalk
adjacent to the landscape areas, located
88 W. Tulare Ave.
$636.56 $541.08 $445.59 $413.76 $381.94
001-4410
Gem St. Triangle Median
Improvements include 3,234 sq. ft. of
landscaping planter area, located at Gem St
and Cross Ave.
$97.99 $83.29 $68.59 $63.69 $58.79
001-4410
Lyndale/Blackstone St.

Improvements include 5,625 sq. ft. of turf
from curb and gutter to west fence line,
located on west side of Blackstone St and
south of Lyndale Ave.
$170.44 $144.87 $119.31 $110.79 $102.26
001-4410
Black Bear Wall
Improvements include 1,935 sq. ft. of
landscaping block wall lined planter area,
located east of Black Bear Restaurant
between 1100 to 1200 East Tulare Ave on
south side of Tulare Ave
$58.63 $49.84 $41.04 $38.11 $35.18
001-4410
Cross Ave. Planters/Street Trees
Improvements include 39,063 sq. ft. of
sidewalk adjacent to the block wall with
street trees in sidewalk cutouts, located on
both sides of the street from State Route
99 to Ben Franklin St on Cross Ave.
$264.40 $224.74 $185.08 $171.86 $158.64
EXHIBIT B – CONTRACTOR PROPOSAL
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