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HomeMy WebLinkAboutBayscape Landscape MaintenanceLANDSCAPE MAINTENANCE SERVICES AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND BAYSCAPE LANDSCAPE MANAGEMENT THIS AGREEMENT for landscape maintenance services is made by and between the Town of Los Altos Hills ("Town") and Bayscape Landscape Management ("Contractor") (together sometimes referred to as the "Parties") as of July 1, 2021 (the "Effective Date"), Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to Town the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2022, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the Town's right to terminate the Agreement, as referenced in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from Town of such desire of Town, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor's obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include "Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds," the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Contractor is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Section 2. COMPENSATION. Town hereby agrees to pay Contractor a sum not to exceed $93,000.00, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Town shall pay Contractor for services rendered pursuant to Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 1 of 13 this Agreement at the time and in the manner set forth herein, The payments specified below shall be the only payments from Town to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to Town in the manner specified herein, Except as specifically authorized by Town in writing, Contractor shall not bill Town for duplicate services performed by more than one person. Contractor and Town acknowledge and agree that compensation paid by Town to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. Town therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information; ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ At Town's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ■ The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; ■ The Contractor's signature; ■ Contractor shall give separate notice to the Town when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12 -month period under this Agreement and any other agreement between Contractor and Town. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and Town, if applicable. 2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Town shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor, Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 2 of 13 2.3 Final Payment. Town shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to Town of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. Town shall pay for the services to be rendered by Contractor pursuant to this Agreement. Town shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement, Town shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B, 2.6 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the Town or Contractor terminates this Agreement pursuant to Section 8, the Town shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement, Town shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Town shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with Town employees and reviewing records and the information in possession of the Town. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of Town, In no event shall Town be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 3 of 13 arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to Town of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the Town. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement, The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only'if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against the Town and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 4 of 13 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. Town, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor C. For any claims related to this Agreement or the work hereunder, the Contractor's insurance covered shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the Town. 4.3 Professional Liability Insurance, 4.3.1 General requirements. Contractor, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims -made limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Contractor shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement. Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 5 of 13 A copy of the claim reporting requirements must be submitted to the Town for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII, 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor shall furnish Town with complete copies of all policies delivered to Contractor by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the Town does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. The Town reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and obtain the written approval of Town for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Contractor, its employees, agents, and subcontractors, 4.4.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 6 of 13 4.5 Remedies. In addition to any other remedies Town may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Town may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Town may have and are not the exclusive remedy for Contractor's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. To the fullest extent permitted by law, Contractor shall indemnify, defend with counsel selected by the Town, and hold harmless the Town and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the Town or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by Town of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of Town, Contractor shall indemnify, defend, and hold harmless Town for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Town. Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 7 of 13 Section 6. STATUS OF CONTRACTOR, 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of Town. Town shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Town shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Town, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Town and entitlement to any contribution to be paid by Town for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as Town may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law, Contractor's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which Town is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to Town that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to Town that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Town. Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 8 of 13 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement, Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. Town may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days' written notice to Town and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; Town, however, may condition payment of such compensation upon Contractor delivering to Town any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the Town in connection with this Agreement, 8.2 Extension. Town may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if Town grants such an extension, Town shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties, 8.4 Assignment and Subcontracting. Town and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to Town for entering into this Agreement was and is the professional reputation and competence of Contractor. Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 9 of 13 Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Town and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, Town's remedies shall include, but not be limited to, the following; 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Town would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Town. Contractor hereby agrees to deliver those documents to the Town upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Town and are not necessarily suitable for any future or other use. Town and Contractor agree that, until final approval by Town, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Town under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 10 of 13 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of 3 years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect, The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement, 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of Town or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq, Contractor shall not employ any Town official in the work performed pursuant to this Agreement. No officer or employee of Town shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 11 of 13 Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the Town. If Contractor was an employee, agent, appointee, or official of the Town in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et seq,, the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the Town for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the Public Works Director/City Engineer ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Contractor shall be sent to; Tom Ellingtion, President P.O. Box 880 . Alviso, CA 95002 Any written notice to Town shall be sent to; Public Works Director/City Engineer 26379 Fremont Road Los Altos Hills, CA 94022 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between Town and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Payment Schedule Exhibit C Public Works Requirements 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date, Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 12 of 13 TOWN OF LOS ALTOS HILLS 2A� Cad Cahill, City Manager Attest: Deborah L. Padovan, City Clerk Approved ansto Form; Steven T. Mattas, Town Attorney 1071914.1 Landscape Maintenance Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management Page 13 of 13 EXHIBIT A SCOPE OF SERVICES Landscape Management Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management --Exhibit A Page 1 BAYS: APE I,..A". 1 l -AN D EI]A i t MA NADE M E NT Cover Letter August 7, 2020 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: Nichol Bowersox Dear Ms. Bowersox, Bayscape Landscape Management Bayscape Landscape Management would like to thank the Town of Los Altos Hills for inviting us to be a part of the bidding process for the Landscape Maintenance Services After carefully inspecting all sites, Bayscape understands the importance of quality workmanship and detail required to maintain the appearance of each site. Individuals Authorized to Bind Contract: Tom Ellington President P.O. Box 880 Alviso, CA 95002 Office: 4081288/2940 Fax: 408/392/9014 Email: tome(&bayscape.net Matt Ellington (main point of contact for the RFP) Vice President of Operations P.O. Box 880 Alviso, CA 95002 Office: 408/28812940 Fax: 4081392/9014 Email: matte(M-bayscape.net Bayscape Landscape Management has been doing business in the San Jose area for over 35 years. Our management team is comprised of a staff that has degrees in Ornamental Horticulture, Certified Arborists, Certified Water Managers and Qualified Applicators. In addition, we are a locally owned company. Regards, s Matt Ellington Vice Presiden f Operations CLCA Is; P.O. Box 880, Alviso, California 95002 Phone: (408) 288-2940 Fax: (408) 392-9014 California State Contractor's License # C27 865702 BAYSCAPE Bayscape Landscape Management I. AN050A PE RIAMAR EM EN i Services Detail Statement Management Approach Bayscape has effectively managed the Landscape Management Services for many municipality contracts. The experience and knowledge gained during that time is invaluable and can be directly related to the Town of Los Altos Hills Landscape Maintenance Services contract. Management of Landscape Maintenance Services and Quality Control Quality Control Bayscape has set up policies and programs to ensure quality work is achieved and maintained throughout their contracts. All crews are required to fill out and submit a weekly "Site Inspection Sheet". These sheets are collected and evaluated by the management team to identify any deficiencies or issues within the work sites that require follow up and action. For example, if any sites are noted as "irrigation problems", the supervisor will speak with the crew leader to find out what the problem is and then assign an irrigation technician to address the problem. If any sites are notes as "tree problems", the supervisor will speak with the crew leader to find out what the problem is. If the problem is a hanging limb or any type of safety issue, our crews are trained to caution tape the problem area off and then take a picture of the hazard and immediately send it to the supervisor. The supervisor will then report the issue to the Town staff immediately so a work order can be placed to the appropriate division for repair, 'This reporting requirement has proved to be very valuable for other contracts due to the number of sites that need to me kept track of so nothing slips through the cracks. A sample site inspection sheet is shown below. '-d Im,+I I Malnr Irrigation Irrlpatlon l l Tr„ I Shrubs 5hruh -.+• _Corridor LAI r Utter OK problems frees OK Problems . OK Problems Communis I. _. �__—� _.. .._ .. _- .-.._._._- 1i;—'— - --- — Prohl..ma n j Prahlemas I P— I M hca Irrlgacloi. r l la I 10-1.. 1 I Plantae con lea rm +.•F. Cor ,dor b uta j b-- OK Irr g clnn_L_ OK erbol,r OK plantar Com,ntarlas `! Alum Rock Avenue x x % x 9 Berryassa Road % x x x East San Antonio Street % x x x 9 Hostetter Road r King Road x x x x Y Lundy Avenue % % x % o Mcl(ee Road + McLaughlin Av,nu, x x % % 9 Monterey Road % % x % + oolrnby Raad x x x % v Scoter Road it Story Road x x a Tully Road % x x x White Road x x % % P.O. Box 880, Alviso, California 95002 Phone: (408)_288-2940 Fax: (408) 392-9014 California State Contractor's License 4 C27 865702 BAYS APE :; Bayscape Landscape Management :.R.� t, L AM D9 DAFC MA N�tit!4 C f; Quality Inspection Program Bayscape has also put into place a "Quality Inspection Program The value of having a program of this nature is to keep quality at a high level, promote competition and recognize our work force. Here's how it works. • We start by telling the workforce that we will be inspecting their sites • We pick 3 sites from each crew • Both Supervisor and VP of Operations inspect the sites • We use the quality inspection forms shown previously as the scoring criteria • We inspect the jobs like if looked at them through the eyes of the public • Once all scores get finalized, we pick a 1112nd and 314 place winners • We recognize the winners by giving them prizes of monetary value The program is successful. We have positive feedback from the workforce and management team. Inspections are performed four times per year. We believe it is a good way to minimize mistakes on our job sites. It is also a good tool to measure how our crews and supervisors are performing. It also shows which crew leaders are motivated to grow with the company and have ownership with the jobs. The comment was made in one of our safety meetings, "at the next quality inspection my crew is going to win 1St place". That type of comment is what we aim to get from all of our crew leaders and this program helps encourage that. 2 CL CA (I , P.O. Box 880, Alviso, California 95002 Phone: (408) 288.2940 Fax. (408) 392-9014 California State Contractor's License 4 C27 865702 BAYSCAPE Bayscape Landscape Management I. A IJ 09 CA 1''1: IIA t A(: I, Key Staff Organizational Chart Tom Ellington President I Matt Ellington Vice President of Operations Loera Rick Bill Berridge g OfficeSamuel Stag Supervisor/ Matt OeNucclo Tony Macias ll Toni Scuril Gallo Arbortek Irrigation Supervisor Supervisor Supervisor Vice President Certified Specialist of Construction Arhodst All Kurth Accounting Irrigation Maintenance Maintenance Maintenance Barry Cohen Tree Manager Technicians Crews Crews Crews Construction Crews Superintendent Maintenance Stump Shawn Kurth Crews OIBce Construction Grind Manager Crews Crews L'LLCCES P.O. [lox 880 Alviso California 95002 Phone: (408) 288-2940 Fax: (408)_39.,2_ 9014 California State Contractor's License # C27 865702 Bayscape Landscape Management Field Supervision and Staff Accountability Bayscape implements a chain of command procedure with its staff to ensure results and accountability. The chain of command for Town of Los Altos Hills will be as follows: Operations Manager — Oversees all operations and scheduling of the contract and works closely with the Town's staff to ensure expectations are being met. Supervisors — Oversees the daily activities of the maintenance crews and irrigation technicians and reports directly to the company's Operations Manager as well as the Town's staff. Irrigation Technicians — Performs irrigation system inspections and repairs and reports directly to the supervisors. Crew Leaders — Performs the daily maintenance activities and guides the gardeners on their crews to ensure quality standards are being met. They report directly to the supervisors Gardeners — Performs the daily maintenance activities and reports directly to the crew leaders. 4 P.O. Bos 880 Alviso California 95002 Phoue: (=108) 288-2940 Fax: (408) 392-901 ' ' ' • ' California State Contractor's License 14 C27 865702 AYSCAPE Bayscape Landscape Management 'i+�hx_r I A N D B C A P 6 M A" A C 6. M R N T Transition Plan Startup Prior to the commencement of the project term, Bayscape will hold a meeting with all key personnel to review the project details and objectives. This will include a comprehensive review of all scope of services outlined in Exhibit "A" Scope of Services. Daily, weekly and monthly schedules will be issued to all field supervisors and maintenance crews. Maps of service areas will also be issued to field supervisors and maintenance crews for reference throughout the duration of the project. Bayscape will perform the initial inspections on the condition of plant material, irrigation systems and hardscape. Once all reports are completed, we would like to have a formal meeting with Town staff to review the deficiencies and come up with a strategy to remedy them. Bayscape understands that budget constraints may hinder the ability to fully remedy ail deficiencies, but we'd like to identify the priority issues with Town staff and come up with a plan to resolve them. During the first 90 days on the job our supervisors will be alongside our crew leaders and crews daily to ensure that all work areas are being covered and the scope of services is being performed accordingly We would like to have weekly or bi-weekly onsite meetings with Town staff during the first 90 days so all parties share the same understandings and are confident that the work is being performed according to that scope. After the first 120 days on the job, we would like to have a formal sit down meeting with Town staff to review the work performed thus to date and discuss any concerns either party may have, We feel that these steps are necessary for every contract to achieve a smooth transition and the utmost quality that the Town and residents deserve. CL,CA P.O. Box Alviso, California 95002 Phone: (408) 288-2940 Fax: (408) 392-9014 California State Contractor's License 9 C.27 865702 SAY SC A PSE Bayscape Landscape Management t t t5" 4, LANQU O A P E HAMAD LMENT General Debris and Litter Control Plan Bayscape staff will make maximum effort on every service of each contracted area to ensure all Littler and debris will be removed from the landscape areas and the hardscape areas which include concrete curbs, gutters, sidewalks and emergency pavement lanes adjacent to the roadways. All animal waste will be removed and discarded from the contracted corridors upon discovery. Leaf and litter debris will be blown out from under plant material to avoid accumulation over time, especially given that these areas will only be cleaned on a quarterly basis. General Trimming and Pruning Plan The goals of plant growth control are to maintain healthy, attractive plants within the planting space allotted with minimal removal and disposal of vegetative growth. Plants shall be pruned selectively to remove individual stems or branches that extend beyond the natural conformation of the plant to a lateral branch or at the point of attachment. Woody groundcovers shall be selectively pruned to control growth towards pavements rather than edged. Existing hedges that have been maintained by shearing in the past and that do not have adequate space to grow to mature plant size can continue to be maintained by shearing. In this case, Bayscape will recommend replanting options to these existing hedges so that they can be maintained in their natural shape. For hedges that have not yet been maintained by shearing, they will be selectively pruned on an as needed basis to create adequate space for development. We must consider whether the plants have adequate space for development and, if not, be selectively pruned on an as needed basis. Where plant size must be controlled because of inadequate space, we will prune to reduce size by cutting individual branches or stems to interior lateral branches at appropriate locations. Bayscape will notify the Town Project Manager where hedges could be replaced with size -appropriate plants to eliminate the requirement for shearing. It is necessary to manage growth of grasses, shrubs and trees to minimize fire risk. Bayscape shall maintain vegetation clearances as required by the Santa Clara County Fire Marshall. Where recommended clearances would negatively affect plant health or environmental quality, Bayscape will contact the Fire Marshall for a field inspection and recommendation. Tree Care Plan General Tree Care General tree care is performed to I.S.A. Best Management Practices. Only our trained, experienced personnel will perform tree pruning. An I.S.A. Certified Arborist will be present at all times during pruning. Pruning cuts larger than 4 inches on live tissue will not be made unless directed by Town staff. Crews will make thinning cuts as opposed to heading or topping cuts and will not exceed 20% of live canopy. Pruning cuts will be made to a lateral branch and no less than 1/3 the diameter of the parent branch. All cuts will be made back to branch bark ridge to ensure proper compartmentalization. End weight reduction will be made by selectively pruning 6 C1,( -'A (V P.O. Box 880, Alviso, California 95002 Phone: (408) 288-2940 Fax: (408) 392-9014 California State Contractor's License # C27 865702 BAY aCAPE ' r ON Bayscape Landscape Management L AND BOA 11 A �4H f out 2-3 inch branches at the ends of laterals. No hedge trimmers are used on trees and we do not strip out the interiors of canopies or "lion's tail". If the interior is largely made up of water sprouts, we thin them out. Clearance Pruning Clearance pruning is done to achieve at least 15 feet vertical clearance over roads and 8 feet over sidewalks or paths. Clearance pruning is also performed around lights, signs, buildings (3-5 feet), and over chimneys (10 feet). Tree canopies over turf should be high enough to mow under, or so that people can't swing from them. Structural Pruning Structural pruning is usually performed on small to medium sized trees to establish proper growth and eliminate potential hazards or weaknesses. This involves identifying the dominant leader. The leader should be free of wounds, disease and defects. Other competing leaders are to be pruned out or shortened. Removal of water sprouts, dead branches and crossing branches should also take place here. Staking and Guying Training and safety is at the core of Bayscape Landscape Management. We perform 52 training sessions each year with topics varying from safety to horticultural techniques. We understand that each plant and tree is an investment into our future and that a properly planted and staked tree is the keystone to a tree's health and growth. We perform a specific training on proper planting of trees and another on proper staking of trees. It is also critical for the ongoing monitoring of those trees that have been staked or guyed. We train our staff to recognize, monitor and evaluate tree staking, with particular attention to the tree ties, to make sure that they are not girdling the tree. We have our crews monitor the trees at regular intervals. We equip our crews with extra tree stakes and tree ties in the event that a stake has been vandalized or tree ties need to be adjusted for the health of the tree. A practice that we perform above and beyond the normal specification is a full inspection of staked trees during the months prior to the stormy season. By doing this, it affords us the opportunity to evaluate the need for stakes to remain, to make minor repairs or replace stakes, and view the general structure of the tree. Shrubs and Planting Areas Plan Our crews use proper pruning techniques and balanced fertilizers to promote healthy growth and structure to all plants. Shrubs will be pruned using selective cuts to lateral branches, or to the point of origin. Shrubs will not be sheared or hedged unless specifically directed by the Town Project Manager. Plants and shrubs will be maintained to keep clearance from other plants, hardscape, vehicles and other facilities and to provide visibility for pedestrians and motorists. Our crews are trained to identify and treat pests and disease that can do harm to the landscape. Our licensed Pest Control Advisor will control insects and disease using approved insecticides and fungicides with specific recommendations. 1C1L�C11 EMnOrm P.O. Box 880, Alviso, California 95002 Phone: (408) 288-2940 fax. (408) 392-9014 California State Contractor's License 9 C:27 865702 BAYSCAPE Bayscape Landscape Management �,.. �• N L Alt b& Q Irrigation Systern Maintenance Plan Water Conservation - Our water conservation goals are that landscapes should be irrigated to maintain plant appearance and health, and managed to conserve water and avoid overspray and water damage to Town's hardscape and property. Irrigation application rates and distribution uniformity are best assessed through an irrigation audit. Bayscape will perform an irrigation audit at the startup of the contract. Irrigation Scheduling - The approach to irrigation scheduling shall be used to match plant need with water application and avoid over -irrigation and overspray. Irrigation intervals and frequency shall be suitable for weather conditions, soil infiltration rates, and plant species' rooting depth and water requirements within each hydro zone. Irrigation duration within each hydro zone shall be based on the soil infiltration rate, species water requirement and rooting depth within the hydro zone, and the application rate and distribution uniformity of the irrigation system within that zone. Enough water shall be applied at each irrigation cycle to wet through the depth of root zone. Where runoff occurs, the application time shall be divided into shorter time intervals and repeated as needed. Irrigation frequency for each will be adjusted upon need. Bayscape technicians will observe the irrigation system in operation to identify and correct water runoff or standing water problems. Irrigation System Maintenance and Repair - The irrigation technicians will maintain the irrigation systems for optimum performance, as per manufacturers specifications, by inspecting the entire system on a routine basis. This includes cleaning and adjusting all sprinkler and bubbler heads, drip emitters and valves for proper coverage. They will inspect the irrigation system in operation to ensure proper function of mains, valves, laterals, risers and heads. Raising or straightening of heads that are sunken or tipped will be addressed immediately during the inspection if found. All malfunctioning equipment will be reported on a timely basis identifying date checked, controller, valve number and type of problem. All irrigation replacement parts shall be of the same manufacturer, type, and application rates as existing, or approved equals or upgrades. Irrigation system pressure shall be checked and adjusted at least quarterly during season of operation. Bayscape will maintain and submit quarterly documentation of irrigation checks and as built plans of any changes or adjustments to the system, 20% Reduction in Water Usage - Water reduction usage will take place with several water management methods. First method will be to reduce the number of watering days to a point to sustain the best appearance of the site without over stressing the plant material. Second method will be to use a cycle and soak method on the controllers to allow the water to penetrate into the soil without excess runoff. In addition to cycle and soak, valve times adjustment relevant to the ETo rates for the given month. The next step would be to work with the Town to examine the type of irrigation heads being used on the site and to determine if retrofit to heads and nozzles would produce a more uniform distribution of water at a lower flow rate. Another step is to repair leaks immediately to avoid waste of water. E:3 C;L(CA P.O. Box 880, Alviso, California 95002 Phone: (408) 288-2940 Fax: 408 392-9014 California State Contractor's License # C27 865702 BAYSCAPB Bayscape Landscape Management ell }tea • ll: �; :t-1' 1. A+100 CIA 7E MANA 0 EMI ENT Competitive Advantage Bayscape feels it is the most qualified contractor to implement the landscape specifications for Town of Los Altos Hills Landscape Maintenance Services. The following are the reasons why Bayscape should be selected over the other bidding contractors. • A staff of experts who exceed customer expectations and standard landscape practices • Certified Water Auditors and Certified Water Managers • Certified staff for reclaimed water practices • Certified Arborists on staff for tree evaluation, review and project recommendations • Proactive techniques to produce high level staffing plans, scheduling, implementation and results • Professional recognition for outstanding achievement via the California Landscape Contractors Association in the San Francisco Bay Area and California State Awards Program (2005-2017) • First Place State Award for Large Commercial Maintenance of Capital Auto Mall, City of San Jose in 2007 • First Place State Award for Medium Commercial Maintenance, City of Hayward in 2009 • Over 25 awards for installation and maintenance of Bay Area landscape projects from 2001 to 2017 • Implementation of safety management processes and procedures by certified, trained staff • Team member training and implementation of advanced methods of landscape practices via classroom and field instruction • Continual project review, analysis and control measures for disease and pest control to maintain landscape plant health standards • Properly maintained properties resulting in increased property values for area residents and commercial tenants • Use of sustainability practices and products for preservation and enhancement of the environment • Maintenance team use of proactive job costing and value engineering practices • Problem solving and solution set development by staff horticulturists • Water management professionals with experienced practices in planning and scheduling that result in significant decrease in water usage and cost reduction • Irrigation system review and recommendations for proper plant health, efficient water usage and reduction of asphalt and hardscape damage, • Green waste recycling program for landscape pruning and hardscape material • Reduction of power equipment usage on designated "Spare the Air Days" and concern for environmental abatement regulations 9 (Al (-111 �r/ P.O. Box 880, Alviso, California 95002 Phone: (408) 288-2940 fax: (408) 399014 California State Contractor's License # C27 865702 1J1-1Y'.lC A PE E` j ry Bayscape Landscape Management i L ,S�Ei:a LAll DOCAPC h1 ANA CI MENN TI Innovative Techniques/Approach • Bay -Friendly Principles — reduce waste and pollution, conserve natural resources, and create vibrant landscapes and gardens. It is important to understand that what we do today will impact our children and our children's children. We train our crews to perform their daily activities with Bay -Friendly principles in mind. We promote less waste to the landfill, nurture the soil, conserve water, conserve energy, protect water and air quality and create wildlife habitat. • Smart Controllers — With water conservation being such a critical aspect of landscape maintenance, we at Bayscape have worked closely with all our customers to optimize the use of their water with smart controllers. Evapotranspiration is the key. We only need to put back as much water into our landscape as that taken out through evapotranspiration. With smart controllers, we can do this. • GPS Tracking — Bayscape currently has GPS modules in all route trucks and cell phones. This allows us to efficiently manage our vehicles performance as well as route efficiency. Our in-house mechanic receives e-mail alerts when our trucks are ready for regular service or when a "check engine" alert triggers. Also, we review our crew's daily routes via computer to see if we can schedule jobs expeditiously to reduce windshield time and put more hands-on time on the job. • Google Earth Pro — We maximize our resource time with the use of Google Earth Pro. From measuring to mapping, it saves time and money. • Mulch Mowing — Bayscape retrofitted over 75% of its mower fleet to mulching blades. This reduces waste to landfill and recycles valuable nutrients to the landscape that would otherwise be supplemented with fertilizers. • Low Noise Blowers — There is nothing worse than waking up in the morning to your neighbor's landscaper running his blower at full throttle. We at Bayscape have outfitted our crews with low noise blowers to reduce noise pollution for community relations and to improve employee wellness. • Handheld Devices for Water Management - Bayscape owns handheld remotes for all major smart controllers, which allows us to test systems efficiently and make program changes away from the controller. • Camera Phones — All Bayscape employees are issued a cell phone with camera capabilities. This has proved to remedy issues in the field immediately. If our crews discover an issue in the field, they will send management a picture of the issue immediately so we can remedy the issue or forward that picture to CSJ staff to dispatch the proper authorities. • Smart Phones — All Bayscape management carry smart phones with e-mail capabilities. This allows staff to respond immediately to email while in the field overseeing the crews. • Value Engineering — On any renovation project, Bayscape can provide value engineering solution sets to achieve the desired result when taking into consideration budget constraints. 10 aCILrCA `�VP.O. Box 880, Alviso, California 95002 Phone: (408) 288-2940 Fax: (408) 392-9014 California State Contractor's License # C27 865702 B,AYSCAPE Bayscape Landscape Management . A N pB RAPE F/AN A R&l.1EN 9 Experience with Integrated Pest Management Integrated Pest Management Bayscape staff is trained to assume pesticides are potentially hazardous to human and environmental health. Preference shall be given to reasonably available non -pesticide alternatives when considering the use of pesticides on Town property. Bayscape staff monitors landscape areas to identify presence of beneficial insects and pests, determine populations, life stage, and degree of damage to plants. Key plants and key pests will be monitored closely during normal periods of pest activity. This information will be the basis on which pest control methods are initiated. Records of monitoring activity shall be kept, The term pesticide applies to insecticides, fungicides and other substances used to control pests. When cultural, mechanical, physical and biological controls have provided inadequate pest control, at that point, we may select and apply an appropriate least -toxic pesticide as a last resort. Least -toxic pesticides have a high LD -50, low residual and narrow range of toxicity. Application must be timed to the appropriate life stage of the pest. Bayscape maintains records of all pest management activities. Each record shall include the following information: • Target pest • Type and quantity of pesticide used • Site of the pesticide application Date the pesticide was used • Name of the pesticide applicator • Application equipment used • Prevention and other non -chemical methods of control used or attempted The three main goals of Bayscape's integrated pest management program are to: 1. Maintain healthy, attractive plants, maximize resistance to pests and out -compete weeds. 2. Monitor for presence of pests and to evaluate pest impact to plant health and appearance, and nuisance to the public. 3. Provide control treatments that have minimal negative effects on all but the pest and that protect air and water quality. 11 CiLCA 1.0. Box 880, Alviso, California 95002 Phone: (408) 288-2940 Fax. 408) 392-9014 California State Contractor's License # C27 865702 Rif Bayscape Landscape Management SAN [)9 ❑AP fi MAN At31iM � HT Experience Bayscape has had and continues to execute and maintain many diverse types of Public Works contracts. Job Name City Start Contract End Date City of San Jose - CFD 14 (Hitachi) OP 54560 San Jose 06/26/17 06/30/20 City of San Jose - Dist 18 (Meadowlands) OP 54544 San Jose 06/26/17 06/30/20 City of San Jose - Dist 5 (Orchard & Plumera) OP 54561 San Jose 06/26/17 06/30/20 City of San Jose - Facilities Districts 2_& 3 San Jose 12/01/14 11/30/22 City of San Jose - Municipal Water P/O OP 49664 _ San Jose 07/01/14 06/30/15 City of Hayward Twin Bridges P.O. 1500355- Hayward 03/01/14 Current City of San Jose - Dist 8 AC 25499 San Jose 12/02/13 11/30/20 _ City of San Jose - Basking Ridge AC 25499 San Jose 12/02/13 11/30/20 City of San Jose - Capitol Auto Mail AC 25499 San Jose 12102113 _ 11/30/20 City of San Jose - MSI AC 25499 San Jose 12/02/13 11/30/20 City of San Jose - MMI AC 25499 _ San Jose 12/02/13 11/30/20 _ City of San Jose - LRT AC 25499 San Jose Milpitas 12/02/13 10/01/13 11/30/20 09/30/18 VTA - Railroad _ VTA - River Oaks P/O 30500465554 San Jose 08/21/13 07/31/18 VTA - Bus Stops P/o 30500468661 San Jose 08/21/13 07/31/18 City of San Jose - Dist # 21 Airport Parkway OP 49500 San Jose 03/01/13 02/28/20 City of San Jose - Dist #11 Brokaw OP 49500 San Jose _ 03/01/13 02/28/20 City of San Jose - Dist #2 Trade Zone= OP 49500 _ San Jose 03/01/13 02/28/20 City of San Jose - Small Parks _# OP 50153 San Jose _2127_/I _1 12/31/17` City of San Jose - West San Jose Community & Policing Center OP # 45467 San Jose 01/01/11 12/27/11 City of San Jose - Mexican Heritage Plaza OP # 45467 San Jose 01/01/11 12/27/11 -- — 12 LCA _ P.O. Box 880, Alviso, California 95002 PI►one. (408) 2$8-2940 fax: (408) 392-9014 California State Contractor's License 4 C27 865702 BAYSCAP Bayscape Landscape Management L. A Nb 61 OAP E MAN A 0 9 a, E N T City of San Jose - Animal Care Center — OP # 45467 —- San Jose 01/01/11 - 07/01/1100 12/27/11 City of Fremont ( Washington Grade Seperation) P/O A10-036 Fremont - 06/30/13 City of Fremont ( Osgood Road. New median islands) P/O A10-036 City of Fremont (Washington Blvd. Median Islands) P/O A10-036 Fremont 07/01/10 06/30/13 06/30/13 Fremont 07/01110 City of San Jose - Dist #22 OP 48385 05/01 San Jose 05/01/10 09/30/14 City of San Jose - Comm. Hill OP 44002 San Jose 05/01/09_ 06/30/10 City of San Jose - Dist #1 - The Paseos OP 49124 San Jose San Jose Hayward 07/01/09 5/1!2008 04/01/08 09/30/14 Open City of San Jose -Basking Ridge City of Hayward P.O. 1401469- 00 Extras 1401280-00 08/30/15 City of San Jose -Systematic Maintenance of Landscape Areas on Median Islands within District #21 (Gateway, Airport, Skyport, Metro) City of San Jose -Capitol Auto Mall - Landscape Maintenance -Quote #96466 San Jose 21112007 1/3112008 San Jose 2/1/2007 3/28/2008 City of Livermore -Project No. 03-16-(P0310) Livermore 1/17/2005_ 6130/2005 City of Milpitas -McCarthy Ranch LIVID 95-1 Mi 9/1/2004 8f3112007 City of San Jose -District #16 Evergreen -Bid No. 93724 San Jose _ 3/5/2004 3/4/2007 City of San Jose - Median Islands & Frontages - Bid No. 81605 San Jose 9/1/2002 12131/2003 City of San Jose - Median Islands & Frontages San Jose 7/23/2001 6/30/2002 City of Morgan Hill - Medians & Stre_e_tscape Morgan Hill 2/1/2001 6/30/2001 _ City of Livermore Livermore 2/1/2001 2/28/2002 _—_— City of San Jose - Isolated Turf Medians San Jose 10/1/2000 12/31/2003 Simply stated, Bayscape knows how to perform for City of San Jose. For every contract Bayscape has entered, we've always performed at a high level and to the complete satisfaction of the City. 13 P.O. Box 880, Alviso, California 95002 Phone_ (408) 288-2940 Fax: (408) 392-9014 California State Contractor's License N C27 865702 EXHIBIT "D" COMPENSATION MapIDNo Site name Address Monthly Amount S-94 LAH:Fewn He'! 263:79 Frengent Read $ 5-02 Arastradero path Arastradero Rd, and Stirrup Way $ 6C) �a Signature; Fremont Road 5-03 Fremont Road Path Concepcion Rd. to Edith Ave. V1� , ZeX 9FO S-04 Edith Park Edith Ave. & Fremont Rd. $ %.§__y o� Foothill College & El Monte EI Monte Road C4 ys-0o'eX2 S-05 Pedestrian and Bike path Moody Rd. to Stonebrook Dr. o 0 $1,90o. S-06 Westwind Community Barn 27210 Altamont Road $ . goo. , Monthly Total $�z`—� -�- $7,750.00 PROPOSERS: Please show date, and time on IFP opening on the envelope containing your proposal. The undersigned as Proposer, declares that the only persons or parties interested in this proposal is made without collusion with any person, firm or corporation. Your signature on this document, should you be awarded the contract as defined in this RFP, signifies that you have fully read and understood this proposal and will comply with all specifications, conditions, unit prices, terms, and delivery of the proposal unless otherwise noted in the "exceptions" portion of the proposal. Name of 41A scfl7EZ�4n/taSOW / C �' � S� OENT Offeror {Firm): N 6-C-146-C-14-Aj-r- Title: Authorized , 9/ �Zb 7 / Signature; Date: Printed/Typed � � �N Mailing V1� , ZeX 9FO Name: Address; C4 ys-0o'eX2 Phone' ( ) a - 2,99-- zyyo City, State, Zip: p 7 Z16( ��C ' /�©�`7� E -Mail �yr4 T TF c�i¢y'S �Q it/f1 Fax: { ) Address: _ EXHIBIT "C" BUSINESS STATEMENT AND REFERENCES This form must be completed and signed by the Contractor proposed to participate in this award. Attach additional copies of this form as required. Company Name: Z.,4N0Sc 4& , igi✓�4t ��1�.+? Mailing Address: X � d Town: �7 ✓ S D State: L/ It Zip: Telephone No.: `Vo6-Z89 - Z9' -IU Fax No.: HoY- ZYZ -- 9f y Contact Person's Name: �A-T-T- Telephone No.: "8600 Fax No.: tlo 92.1 901 y Email Address: _ *471- F P fS r-5CA&E • A)4--I- Business JE'r Business License No.: `i L)q ('151110 Town:—safIffEL .. State: LO Expiration Date: P-15 Federal ID No, or Social Security No,: _ Sl- 055 -2 --El DIR Registration Number: 106)601,�Z /__ _ Telephone No.: y OLLyQ Fax No,: ,t �7 [)ci( ; � '1 Z- q2 Lj Mailing Address: - ,11 -i [ i V'Q A 1 0 3 b (.A95D-D,?— Town: A tz iso State: Cjq Zip: 9,5DO Type of Organization: (Check all that apply) d Corporation, under the laws of the State of ❑ Individual ❑ Joint Venture ❑ Municipal, State, or Federal ❑ S Corporation ❑ General Partnership ❑ limited Partnership ❑ Non -Profit Corporation ❑ Small Business Enterprise: A business enterprise that is independently owned and operated; organized for profit, is not dominant in its Feld; and meets the criteria set forth by the Small Business Administration in Title 13, Code of Federal Regulations, Part 121. Company representative authorized to sign contracts. Name Title Telephone ./E- E� t / NG �`t� N -- .... p / o Fy�c'rZrfTitJ�(_ -f U g —.S -P 0 — &(0 l) -r6 Al !�774e-jW(.7o 19T,6S10,-.W T 0 - 910 - _ 20 Signature j; Date REFERENCES A minimum of five (5) references. Local and similar size contract references are preferred. _ REFERENCE NO.1 NAME OF FIRM c>P .S.46 -X-0 6_ ADDRESS _ A 3vq-4- Zn. CITY, STATE, ZIP 0a -aa g; CA)r 9-15-1-!; TELEPHONE NO. 1/10 . s'90 . 060 3 CONTACT _ I L- (- %544CZIV.44) OZ -Z PROJECT NAME 1 o:Fv rT- -!�qN '-:Z,)Se COMPLETION DATE -TAN ZUki" -r'A V i2' Cpt'Y APPROX. COST IS6Ob 000 N/Vvr4, _ REFERENCE NO.2 NAME OF FIRM i r ,S,40y ADDRESS S"-rA 6-A to Sf CITY, STATE, ZIP, � e S %� C,4_ ? -//3 TELEPHONE NO. .yp - 793 - 6 7 _ CONTACT wrr z PROJECTNAME _ ,�, R,f i -j f ,��tj COMPLETION DATE Q ee 25M -o t' v , C.,t,;+ -T PROX. COST i -g 90G (DOC) A NNLt ,- _ REFERENCE NO.3 NAME OF FIRM , a-1- a F 5,4 N `3U C,C -- ADDRESS _ y0 `> /y3v,Ci" Xo. CITY, STATE, ZIP — -- - -S,4 K) ,7 o&C- C,4 %S-/3 3 TELEPHONE NO. r __ -/0 ZU1- -5- CONTACT_._—.. PROJECT NAME --- _COMPLETION DATE -- APPROX. COST yGSa C9UC) _ rA/AJvAt- --- REFERENCE NO.4 NAME OF FIRM (, T y-- gv - %!j} ADDRESS CITY, STATE, ZIP -- ,� rN.acn qy�y TELEPHONE NO. IZZ6 CONTACT , Cltr4iL� ,=aid PROJECT NAME 170/AIE�CS COMPLETION DATE _ 61r2rLji� CV.. ZL7�T APPROX. COST OCZ) _�INNvA L ,— REFERENCES continued REFERENCE NO.5 NAME OF FIRM 4 - - `7.fAwsta r4rroN► 4LlTl*l' /7-i ADDRESS Z,=-4 A0,--�-- y CITY, STATE, ZIP_ S.¢N TELEPHONE NO. ` CONTACT PROJECT NAME Z- #j ,C .A jcZy, c a S COMPLETION DATE A,16--s-r' ZC' 7-o fv,ttLN-t --- APPROX. COST I y z Sn, 000 ;TN7#v v ✓ ,- EXHIBIT B COMPENSATION SCHEDULE Landscape Management Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management --Exhibit B Page 1 Exhibit B - Hourly Rate Schedule Description of Service Hourly Rate Labor: Landscape Maintenance (Supplemental) Per Person including Truck and Tools $50.00 Labor: Irrigation Work (Repair, Install, ect.) Per Person including Truck and Tools $75.00 Labor: Renovation Work (Removal, Replant, etc.) Per Person including Truck and Tools $75.00 EXHIBIT C PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one -and -one-half times the basic rate of pay. C. The Contractor and its subcontractors shall forfeit as a penalty to the Town $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the Town has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the Town Public Works Office and shall be made available on request. The Contractor and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. B. In accordance with Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Contractor or any subcontractor pays less than the specified prevailing wage, The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of Landscape Management Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management --Exhibit C Page 1 of 3 prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their obligations under the California Labor Code. The Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements: The contract executed between the Contractor and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records. 3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A, Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Landscape Management Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management --Exhibit C Page 2 of 3 Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. Landscape Management Services Agreement between Town of Los Altos Hills and Bayscape Landscape Management --Exhibit C Page 3 of 3