Signed Contract - Arizona Superior Landscaping

LANDSCAPE MAINTENANCE SERVICES
EM25-LSM02

City of El Mirage
10000 N El Mirage Rd
El Mirage, AZ 85335

City of
EL MIRAGE

Arizona

GRAND HERITAGE, BRIGHT FUTURE!

Request For Proposal #EM25-LSM02
Title: Landscape Maintenance Services

City of El Mirage
REQUEST FOR PROPOSAL
Landscape Maintenance Services
I. PROFESSIONAL SERVICES CONTRACT ..........ss:ccssccssscssscesecessscesecsseeesees

Il. AGREEMENT .......ccccseccesscseseeseecesseeseseeeessseeessseseesecsaeceaseesseeeeesssneeeeaeaes
Ill. EXHIBIT A scssscswsscsacesuncmapsnsenseuaensuesaunesuasesnssmceemenasekuerseeseeceaseecmeaua ncaa

Request For Proposal #EM25-LSMO2
Title: Landscape Maintenance Services

1. PROFESSIONAL SERVICES CONTRACT

CITY OF EL MIRAGE
THIS PROFESSIONAL SERVICES CONTRACT, is made and entered into this day of

20 by and between the City of El Mirage, an Arizona municipal corporation

(“City”), and Arizona Superior Landscape LLC a(n) TBD Corporation (“Consultant”).

RECITALS

A. The City of El Mirage is authorized and empowered by provisions of the City Code to
execute contracts for professional services by and through its City Manager;

B. The City desires to contract for Consultant to provide Landscape Maintenance Services (“Services”) as
described in the attached scope of work (Exhibit “A”) in accordance with the

terms of this Contract;

C. Consultant is duly qualified to perform the requested Services.

Request For Proposal #EM25-LSM02
Title: Landscape Maintenance Services

2. AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises and obligations set for herein, the parties
hereto agree as follows:

2.1, DESCRIPTION, ACCEPTANCE, DOCUMENTATION

Consultant shall act under the authority and approval of the Contract Administrator for the City to
provide the Services required by this Contract. The Contract Administrator for the City shall be Cason
Chambers, (Title) Operations Superintendent, or designee. The Contract Administrator shall oversee the
execution of this Contract, assist the Consultant in accessing the organization, audit billings, and approve
payments. The Consultant shall channel reports and special requests through the Contract
Administrator. City reserves the right to change the Contract Administrator for the City without prior
approval of the Consultant.

2.2. SERVICE DESCRIPTION

Consultant shall provide the Services described in Exhibit “A.” All work will be reviewed, evaluated,
approved, and monitored by the Contract Administrator to determine acceptable completion. Review
and approval by the Contract Administrator shall not relieve Consultant of any liability for improper,
negligent or inadequate services rendered pursuant to this Contract. Consultant shall provide all work
necessary to assure the Services are completed in a timely and efficient manner consistent with service
requirements, including, but not limited to, working in close interaction with, and interfacing with, City
and its designated employees, and working closely with others, including other consultants or
contractors retained by City.

2.3. DOCUMENTATION AND DATA

All documents, including but not limited to, data compilations, studies, and reports which are prepared
in the performance of this Contract are to be, and remain the property of, the City and are to be
delivered to the Contract Administrator before final payment is made to the Consultant.

2.4. FEE SCHEDULE, RECORDS, AUDIT RIGHTS

The fee Consultant shall be paid for all Services provided pursuant to the terms of this Contract,

inclusive of all expenses under this Contract, shall not exceed TBD.

The Contract Administrator reserves the exclusive right to determine the amount of work performed
and payment due the Consultant on a monthly basis. Consultant shall maintain all books, paper
documents, accounting records and other evidence pertaining to such monthly billings and shall make
such materials available at all reasonable times to the Contract Administrator. Monthly billings shall be
accompanied by such documentation as the Contract Administrator may require to make a
determination of work performed and payment due.

Consultant’s records (hard copy, as well as computer readable data) and any other supporting evidence
deemed necessary by the City to substantiate charges and claims related to this Contract shall be open
to inspection and subject to audit and/or reproduction by City’s authorized representative to the extent

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Title: Landscape Maintenance Services

necessary to adequately permit evaluation and verification of cost of the work, and any invoices, change
orders, payments or claims submitted by the Consultant or any of its payees pursuant to the execution
of the Contract. The City’s authorized representative shall be afforded access, at reasonable times and
places, to all of the Consultant’s records and personnel pursuant to the provisions of this article
throughout the term of this contract and for a period of three years after last or final payment.

Consultant shall require all subconsultants, insurance agents, and material suppliers (payees) to comply
with the provisions of this article by insertion of the requirements hereof in a written contract
agreement between Consultant and payee. Such requirements will also apply to any and all
subconsultants.

If any audit in accordance with this article discloses overcharges of any nature by the Consultant to the
City in excess of one percent (1%) of the total contract billings, the actual cost of the City’s audit shall be
reimbursed to the City by the Consultant. Any adjustments and/or payments which must be made as a
result of any such audit or inspection of the Consultant’s invoices and/or records shall be made within a
reasonable amount of time (not to exceed 90 days) from presentation of City’s findings to Consultant.

2.5. ADDITIONAL SERVICES; PRICE ADJUSTMENT

The total Scope of Work to be performed by Consultant in accordance with this Contract is set forth
herein and in Exhibit “A.” Services not included in this Contract, including Exhibit “A,” will be considered
Additional Services. Consultant shall not perform any Additional Services without written authorization
from the City. It shall be presumed that all Services performed/provided by Consultant were included in
the Contract and contemplated by Consultant as being part of the original Scope of Work and the fees
set forth herein, unless such Services have been separately approved by the City, in writing, as
Additional Services. Consultant shall not be paid for any Additional Services that are not authorized by
the City in writing.

2.6. OWNERSHIP

Upon receipt of payment for Services, Consultant grants to City, and shall cause its subconsultants to
grant to City, the exclusive ownership of any and all copyrights, if any, to evaluations, reports, drawings,
specifications, project manuals, surveys, estimates, reviews, minutes, and other intellectual work
product as may be applicable ("Work Product"). This grant is effective whether the Work Product is on
paper (e.g., a "hard copy"), in electronic format, or in some other form. Consultant warrants, and agrees
to indemnify, hold harmless and defend City for, from and against any claim that any Work Product
infringes on third-party proprietary interests. City may reuse the Work Product at its sole discretion. In
the event the Work Product is used for another project without further consultations with Consultant,
the City agrees to indemnify and hold Consultant harmless from any claim arising out of the Work
Product. In such case, City will also remove any title block from the Work Product.

2.7. TERMINATION

1. Termination for Cause

The City has the right to terminate this Contract for cause in the event Consultant materially breaches
any provision of this Contract or portion of the Services and fails to remedy the breach within five (5)

Request For Proposal #EM25-LSM02
Title: Landscape Maintenance Services

business days of notification of the breach, if the breach is remedial. If Consultant fails to remedy the
breach or if the breach is not remedial, City may terminate this Contract for cause immediately upon
written notice to Consultant. In the event the City terminates this Contract or any part of the Services as
herein provided pursuant to this Section 1, the City shall notify the Consultant in writing, and
immediately upon receipt of such notice, the Consultant shall discontinue all work under this Contract.

Upon termination for cause, Consultant shall immediately deliver to the City all drawings, research,
data, studies, reports, estimates and any and all other documents or work product generated by the
Consultant under the Contract, together with all unused material supplied by the City. Consultant shall
be responsible only for such portion of the work which has been completed and accepted by the City.
Use of incomplete data by the City shall be the City’s sole responsibility.

In the event of termination for cause, Consultant shall only be compensated a portion of the agreed
upon fee for such portion of the work that City agrees, in its sole discretion to accept. City shall have no
obligation to accept any portion of Consultant’s work if the contract is terminated for cause, and shall
have no obligation to pay Consultant for any portion of the work, if any, not accepted by City.

If the Consultant materially fails to fulfill in a timely and proper manner its obligations under this
Contract, of if the Consultant violates any of the covenants, agreements, or stipulations of this Contract,
the City may withhold from payment due to the Consultant such amounts as are necessary to protect
the City’s position for the purpose of set-off until such time as the exact amount of damages can be
determined.

2. Termination for Convenience

The City has the right to terminate this Contract for convenience or to abandon any portion of the work
for which Services have not been performed by the Consultant. In the event the City terminates this
Contract or any part of the Services as herein provided pursuant to this Section 3.2.2, the City shall
notify the Consultant in writing, and immediately upon receipt of such notice, the Consultant shall
discontinue all work under this Contract.

Upon such termination for convenience or abandonment, the Consultant shall immediately deliver to
the City all drawings, research, data, studies, reports, estimates and any and all other documents or
work product generated by the Consultant under the Contract, together with all unused material
supplied by the City. Consultant shall be responsible only for such portion of the work which has been
completed and accepted by the City. Use of incomplete data by the City shall be the City’s sole
responsibility.

The Consultant shall receive as compensation in full for Services performed to the date of such
termination or abandonment, a fee for the percentage of Services actually completed and accepted by
the City. This fee shall be in an amount to be mutually agreed upon by the Consultant and the City,
based upon the scope of work set forth in Exhibit “A’ and the payment schedule set forth in Article 2,
hereof. If mutual agreement cannot be reached after reasonable negotiation, the Contract
Administrator shall determine the percentage of satisfactory completion of each task set forth in the
scope of work contained in Exhibit “A” and the amount of compensation Consultant is entitled to for

Request For Proposal #EM25-LSM02
Title: Landscape Maintenance Services

such work and the Contract Administrator’s determination in this regard shall be final. The City shall
make such final payment within sixty (60) days after the Consultant has delivered the last of the partially
completed items.

2.8. ENTIRE AGREEMENT

This Contract constitutes the entire understanding of the parties and supersedes all previous
representations, written or oral, with respect to the Services specified herein. This Contract may not be
modified or amended except by a written document, signed by authorized representatives of each
party.

2.9. ARIZONA LAW

This Contract shall be governed and interpreted according to the laws of the State of Arizona. Any action
brought to interpret or enforce any provision of this Contract that cannot be administratively resolved,
or otherwise related to or arising from this Contract, shall be commenced and maintained in the state or
federal courts of the State of Arizona, Maricopa County, and each of the parties, to the extent permitted
by law, consents to jurisdiction and venue in such courts for such purposes.

2.10. COMPLIANCE WITH LAWS

Consultant shall comply with all existing and subsequently enacted federal, state and local laws,
ordinances, codes, and regulations that are, or become applicable to this Contract. If a subsequently
enacted law imposes substantial additional costs on Consultant, a request for an amendment may be
submitted pursuant to this Contract.

2.11. MODIFICATIONS

Any amendment, modification or variation from the terms of this Contract shall be in writing and shall
be effective only after approval of all parties signing the original Contract.

2.12. ASSIGNMENT

Services covered under this Contract shall not be assigned or sublet in whole or in part without the prior
written consent of the Finance Director and Contract Administrator.

2.13. SUCCESSORS AND ASSIGNS

This Contract shall extend to and be binding upon Consultant, its successors and assigns, including any
individual, company, partnership or other entity with or into which Consultant shall merge, consolidate
or be liquidated, or any person, corporation, partnership or other entity to which Consultant shall sell its
assets.

2.14. ATTORNEY’S FEES

In the event either party brings any action for any relief, declaratory or otherwise, arising out of this
Contract, or on account of any breach or default hereof, the prevailing party may be entitled to receive
from the other party reasonable attorneys’ fees and reasonable costs and expenses determined by the
court sitting without a jury or arbitration board, which shall be deemed to have accrued on the

Request For Proposal #EM25-LSM02
Title: Landscape Maintenance Services

commencement of such action and shall be enforceable whether or not such action is prosecuted to
judgment or by arbitration award.

2.15. INDEPENDENT CONTRACTOR

The Services Consultant provides under the terms of this Contract to the City are that of an Independent
Contractor, not an employee or agent of the City. The City will report the value paid for these Services
each year to the Internal Revenue Service (I.R.S.) using Form 1099.

City shall not withhold income tax as a deduction from contractual payments. As a result of this,
Consultant may be subject to |.R.S. provisions for payment of estimated income tax. Consultant is
responsible for consulting the local I.R.S. office for current information on estimated tax requirements.
Consultant will not be entitled to any benefits provided by City to its employees, including, but not
limited to, health benefits, workers’ compensation, unemployment coverage, deferred compensation,
and all other typical employee benefits.

2.16. CONFLICT OF INTEREST

The City may cancel any contract or agreement, without penalty or obligation, if any person significantly
involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the City’s
departments or agencies is, at any time while the contract or any extension of the contract is in effect,
an employee of any other party to the contract in any capacity or a consultant to any other party to the
Contract with respect to the subject matter of the Contract. The cancellation will be effective when
written notice from the City is received by all other parties to the Contract, unless the notice specifies a
later time (A.R.S. §38-511).

2.17. FORCE MAJEURE

Neither party shall be responsible for delays or failures in performance resulting from acts beyond their
control. Such acts shall include, but not be limited to, acts of God, riots, acts of war, epidemics,
governmental regulations imposed after the fact, fire, communication line failures, power failures, or
earthquakes.

2.18. TAXES

Consultant shall be solely responsible for any and all tax obligations which may result out of the
Consultant’s performance of this Contract. The City shall have no obligation to pay any amounts for
taxes of any type incurred by the Consultant.

2.19. ADVERTISING AND PROMOTION

Consultant shall not publish, release, disclose or announce to any member of the public, press, official
body, or any other third party: (1) any information concerning this Contract, the Services, or any part
thereof; or (2) any documentation or the contents thereof, without the prior written consent of the City,
except as required by law or judicial or regulatory process. The name of any site on which Services are
performed shall not be used in any advertising or other promotional context by Consultant without the
prior written consent of the City.

Request For Proposal #EM25-LSMO2
Title: Landscape Maintenance Services

2.20. COUNTERPARTS

This Contract may be executed in one or more counterparts, and each originally executed duplicate
counterpart of this Contract shall be deemed to possess the full force and effect of the original.

2.21. CAPTIONS

The captions used in this Contract are solely for the convenience of the parties, do not constitute a part
of this Contract and are not to be used to construe or interpret this Contract.

2.22. SUBCONSULTANTS

During the performance of the Contract, the Consultant may engage such additional subconsultants as
may be required for the timely completion of this Contract. The addition of any subconsultants shall be
subject to the prior approval of the City.

In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this
Contract rests with the Consultant.

2.23. INDEMNIFICATION

The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City,
its officers, directors and employees (collectively, City) against all damages, liabilities or costs, including
reasonable attorneys’ fees and defense costs, to the extent caused by the Consultant’s negligent
performance of professional services under this Contract and that of its subcontractors or anyone for
whom the Consultant is legally liable.

The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant,
its officers, directors, employees and subcontractors (collectively, Consultant) against all damages,
liabilities or costs, including reasonable attorney’s fees and defense costs, to the extent caused by the
City’s negligent acts in connection with the Services and the acts of its contractors, subcontractors or
consultants or anyone for whom the City is legally liable.

Neither the City nor the Consultant shall be obligated to indemnify the other party in any manner
whatsoever for the other party’s own negligence or for the negligence of others.

2.24. INSURANCE

The Consultant shall secure and maintain at all times that this Contract is in effect, insurance coverage
which shall include statutory workers’ compensation, comprehensive general and automobile liability,
owner's and Consultant’s protective liability insurance and errors and omissions professional liability.
The comprehensive general and automobile liability limits shall be no less than one million dollars
($1,000,000) combined single limit. The owner’s and Consultant’s protective liability limits shall be no
less than one million dollars ($1,000,000) for each occurrence and one million dollars ($1,000,000) policy
aggregate naming the City as an additional insured. The minimum amounts of coverage for Consultant’s
professional liability shall be one million dollars ($1,000,000). In other than errors and omissions
professional liability, City’s and Consultant’s protective liability and worker’s compensation, the City of El

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Title: Landscape Maintenance Services

Mirage shall be named as an additional insured.

All insurance coverage shall be written through a carrier licensed in Arizona, or an approved non-
admitted list of carriers published by the Arizona Department of Insurance, and possessing an A.M. Best
rating of at least A- or above with policies and forms satisfactory to the City.

The Consultant shall submit to the City a certificate of insurance evidencing the coverage and limits
stated in the foregoing paragraph within ten (10) days of award of this Contract. City shall not issue a
“Notice to Proceed” until after Consultant has submitted the certificate of insurance to City. Insurance
evidenced by the certificate shall not expire or be canceled or materially changed without thirty (30)
days prior written notice to the City, and a statement to that effect must appear on the face of the
certificate and the certificate shall be signed by a person authorized to bind the insurer.

The insurance policies, except Workers’ Compensation required by this Contract, shall name the City, its
agents, representatives, officers, directors, officials and employees as Additional Insureds.

2.25. COOPERATIVE PURCHASING

While this Contract is for the City of El Mirage, other public agencies and political subdivisions may
express interest in utilizing the Contract. In addition to the City of El Mirage, and with approval of the
Contractor, this Contract may be extended for use by other eligible public agencies (i.e. municipalities,
school districts, nonprofit educational institutions, public health institutions, community facilities
districts, and government agencies of the State). Eligible public agencies may elect to utilize the contract
through cooperative purchasing (or piggybacking) on the contract and do so at their discretion. No
volume is implied or guaranteed, and the Contractor must be in agreement with the cooperative
transaction. The Strategic Alliance for Volume Expenditures (SAVE), a group of school districts and other
public agencies, have signed an intergovernmental cooperative purchase agreement to obtain
economies of scale. As a member of SAVE, the City of El Mirage will act as the lead agency. Any such
usage by other participating public agencies must be in accordance with the ordinance, charter and/or
procurement rules and regulations of the respective public agency. Potential participating public
agencies (i.e. municipalities, school districts, nonprofit educational institutions, public health
institutions, community facilities districts, and government agencies of the State) recognize potential
equipment, logistical and capacity limitations by the Contractor may limit the Contractor's ability to
extend use of this Contract. Any orders placed to the Contractor will be placed by the specific public
agency participating in this purchase, and payment for purchases made under this Contract will be the
sole responsibility of each participating public agency. The City of El Mirage shall not be responsible for
any disputes arising out of transactions made by others.

2.26. FEDERAL AND STATE EMPLOYMENT IMMIGRATION LAWS

To the extent applicable under A.R.S. § 41-4401, Consultant warrants its and its subconsultants’
compliance with all federal immigration laws and regulations that relate to their compliance with the E-
verify requirements under A.R.S. § 23-214(A). Consultant’s or its subconsultants’ breach of the above-
mentioned warranty shall be deemed a material breach of the Contract and may result in the
termination of the Contract by the City. The City retains the legal right to randomly inspect the papers
and records of Consultant and its subconsultants to ensure that the Consultant and its subconsultants

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Request For Proposal #EM25-LSM02
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are complying with the above-mentioned warranty.

The Consultant warrants to keep the papers and records open for random inspection during normal
business hours by the City. The Consultant shall cooperate with the City’s random inspections including
granting the City entry rights to Consultant’s property to perform the random inspections and waiving
its right to keep such papers and records confidential. The failure of Consultant to comply with this
warranty regarding the keeping of papers and records and cooperating with City’s random inspections
shall constitute a material breach of the Contract and the City will have the right to immediately
terminate the Contract.

2.27. SEVERABILITY

If any term or provision of this Contract shall be found to be illegal or unenforceable, then
notwithstanding such illegality or unenforceability, this Contract shall remain in full force and effect and
such term or provision shall be deemed to be deleted.

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Request For Proposal #EM25-LSM02
Title: Landscape Maintenance Services

3.  EXHIBITA

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Request For Proposal #EM25-LSMO2
Title: Landscape Maintenance Services

SEVERABILITY
If any term or provision of this Contract shall be found to be illegal or unenforceable, then
notwithstanding such illegality or unenforceability, this Contract shall remai e and effect and

such term or provision shall be deemed to be deleted.

SIGNATURE 7 SIGNATURE FF;
J. Crystal Dyches
FULL NAME : Diana Rodviauez- resident
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DATE SIGNED % 22.29
DATE SIGNED
City Manager ‘ A ; ;
TITLE Or actor nZmMAa Super Landener LLC
TITLE \ y
SIGNATURE : SIGNATURE
Jill A. Boltz
FULL NAME
FULL NAME
: DATE SIGNED
DATE SIGNED
: City Clerk
City Attorney
TITLE
TITLE

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LANDSCAPE MAINTENANCE SERVICES
EM25-LSM02

City of El Mirage
10000 N El Mirage Rd
El Mirage, AZ 85335

City of
EL MIRAGE

GRAND HERITAGE, BRIGHT FUTURE!

Request For Proposal #£M25-LSMO2 #
Title: Landscape Maintenance Services

City of El Mirage
REQUEST FOR PROPOSAL
Landscape Maintenance Services

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II. AGREEMENT ......ccccsscescsecssseseecasecseesssceseeseaeeceeeeseesseeessseseeeseseeenseeesseens
UL. EXHIBIT Avsssvssswisssuseanisannasnnexenmmamaxcenesnevesemeaviteiies ccranncnnennsnecnnnnnrasrnceeene

Request For Proposal #EM25-LSM02
Title: Landscape Maintenance Services

1. EXHIBITA

1.1. Scope of Work

2.1. Project Specifications
LOCATION OF THE WORK:

All work is located within the City of El Mirage, Maricopa County, Arizona. Specific sites are shown on
maps in Exhibit A.

PROPOSED WORK:

The contract work consists of all necessary labor, material, transportation services and equipment, to
perform landscape maintenance and trash and litter pickup on a regular basis for City Parks per the City
of El Mirage Landscape Maintenance Guidelines (latest version) and the contract specifications on the
areas specified above and in Exhibit A.

CONTRACT TERM:

This Contract is a three (3) year contract and commences on July 1, 2025 and expires June 30, 2028. If
renewed, contract is an annual contract from July 1, 2028 to June 30, 2030. Contract renewal shall be
within 30 days of contract expiration.

The City of El Mirage may at it’s sole option and with the consent of the Contractor, extend the period of
this agreement up to two (2) additional years in one (1) year increments. The costs for any price
increase for additional years must be mutually agreed upon by the City and the Contractor.

Either party has the right to cancel this contract without cause at any time with a 60 day written notice.

PERFORMANCE:

A. Contractor's Performance: The Contractor shall furnish all necessary trained personnel,

supervision, scheduling, equipment and tools, chemicals, supplies and other accessories
required to perform landscape maintenance in the City of El Mirage as designated in the Scope
of Work. All work shall be performed in strict accordance with the conditions, provisions,
standards and specifications described herein.

B. Quality and Acceptability of Work: The Public Works Director, Parks & Recreation Director or
designee shall decide all questions, which may arise as to the quality and acceptability of any
work, performed under the contract. If, in the opinion of the Public Works Director, Parks &

Recreation Director or designee, performance becomes unsatisfactory, the City of El Mirage
shall notify the Contractor, its authorized representatives or agents in writing.

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Title: Landscape Maintenance Services

C. Contacting The Contractor: The Contractor must have a telephone number where it can be
contacted immediately anytime during a twenty- four (24) hour period and the Contractor must
call back within sixty (60) minutes of the originating call.

TYPE OF SUPERVISION:

A. The Contractor shall provide supervision for each shift of work to assure competent
performance of the work during the scheduled hours.

B. The Contractor or authorized agent will make daily routine inspections to ensure that the work
is performed as required by this Contract.

C. The Contractor's Job Manager and Supervisors must be literate and fluent in the English
language because of the necessity to read chemical labels, job instructions and signs, as well as
the need for conversing with management personnel. All on-site supervisors must also be
literate and fluent in the primary language of the landscape staff.

D. The Supervisor/Crew Leader on-site shall have the knowledge and ability to train and direct
crew members in correct landscape maintenance practices and ensure they adhere to the City
of El Mirage Landscape Maintenance Guidelines (latest version) and contract standards and
specifications.

INSPECTIONS:

A. The Public Works Director, Parks & Recreation Director or designee will conduct random daily
inspections of the areas covered under this Contract.

B. The Public Works Director, Parks & Recreation Director or designee shall conduct joint

inspections with the Contractor of each location on a monthly basis. The date and time shall be
mutually agreed upon.

CONDITION OF LANDSCAPE AREAS:

The Public Works Director, Parks & Recreation Director or designee and the Contractor will inspect the
areas under the contract one (1) week prior to the Contract start date to agree on the acceptance of the
areas in the condition at the time of the inspection.

NON-COMPLIANCE CONDITIONS AND REQUIRED REMEDIES SCHEDULE:

A. Failure by the Contractor to provide routine landscape service as specified in the contract
documents or to comply with the contract specifications or the City of El Mirage Landscape
Maintenance Guidelines (latest version), which are incorporated herein by this reference, will
result in the issuance of a Notice of Non-compliance by the Public Works Director, Parks &

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Recreation Director or designee. If the Public Works Director, Parks & Recreation Director or
designee hand-delivers or faxes a Notice of Non-compliance to the Contractor, the Contractor
will have twenty-four (24) hours to respond to and correct the non-compliance, unless the
Notice of Non-compliance states a different time for Contractor to achieve compliance.

B. If Contractor fails to correct a non-compliance within twenty-four (24) hours, or such other time
as set forth in the Notice, of Contractor’s receipt of the Notice of Non-compliance by hand-
delivery or facsimile, the City shall be entitled to deduct the prorated share of the areas not in
compliance from any payments due Contractor, based on the Contractor's price quoted in the
bid price sheets. The City may also exercise its right to either perform the work itself or use
another City approved landscape maintenance contractor to perform the work. The cost of any
work done in this manner will be deducted from the monthly billing in addition to the prorated
deduction for unfinished work. These actions will in no way alleviate the responsibility of the
Contractor to continue the maintenance of the sites once the area has been recovered.

C. Contractor recognizes, acknowledges and understands that its failure to comply with the service
requirements and specifications set forth below will result in financial loss and damage to the
City and that the City’s ability to prove the actual amount of such damage and loss will be
expensive and difficult. Therefore, instead of requiring proof of the actual amount of such
damage and loss, Contractor and City hereby agree that as liquidated damages, and not as a
penalty or forfeiture, Contractor shall pay to City, as a deduction from any amounts owed by
City to Contractor, the amounts set forth below for the violations specified.

1. No Picture |.D. or uniform as required: $10.00/per incident

2. Trash and Litter: $100/per incident/per area. If the Contractor does not fulfill the Scope of
Work for trash and litter removal and the Contractor has left the site, two (2) hours will be
the maximum allowable time for return and completion of the task. This condition does not
apply to vehicular accidents, storm damage, or other events where the Contractor has no
control (i.e. newspapers blow out of a truck and into the landscaped area). This paragraph
covers the weekly trash and litter pickup required in the contract.

3. Trees, Shrubs, and Groundcover: $150/per day/per area until the area is back in
compliance. If any tree(s) or shrub(s) are pruned, raised, or removed contrary to the scope
of work described in the contract documents or the City of El Mirage Landscape
Maintenance Guidelines (latest version) without permission from the Public Works Director,
Parks & Recreation Director or designee, the Contractor shall, at their sole expense, provide
compensation for and/or replacement of the tree(s) or shrub(s) subject to the sole
discretion of the Public Works Director or designee.

4. Weeds: $150/per day/per area until the area is back in compliance.

5. Turf Areas: $150/per day/per area until the area is back in compliance.

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Title: Landscape Maintenance Services

6. General Landscape Maintenance: $100/per day/per area until the area is back in
compliance. This includes any work specified by the contract documents or the City of El
Mirage Landscape Maintenance Guidelines (latest version) not covered under other areas of
this Section.

7. Equipment and/or Employees: Any equipment and/or employees not meeting the
standards and conditions set forth in the contract documents or City of El Mirage Landscape
Maintenance Guidelines will be required to leave the job site until basic work standards are
met. This shall not alleviate the Contractor from fulfilling its responsibility to adhere to the
schedule established with the Public Works Director, Parks & Recreation Director or
designee.

8. Contractor shall not be subjected to deductions that exceed their monthly service rate.

DEFINITION OF TRASH AND LITTER:

Any item not installed as part of the landscape or hardscape at the time the Contractor began the
contract. Additionally, it will cover any and all trash or litter, which may have been, windblown and
includes such things as cigarette butts and tumbleweeds.

DUMPING AND DISPOSAL OF WASTE:

The Contractor is responsible for the cost to dispose of all waste products including excess earth
material. The waste product referred to herein shall become the property of the Contractor, unless
otherwise directed by the Public Works Director, Parks & Recreation Director or his designee.

PUBLIC CONVENIENCE AND SAFETY:

The contractor shall at all times conduct his work as to assure the least possible obstruction to traffic
and adjacent residents. The contractor shall provide for the safety, convenience, and the protection of
persons and property of the general public and residents along the street, and all areas adjacent to the
work area.

Whenever the Contractor's operations create a condition potentially hazardous to the public, they shall
furnish such flaggers and safety devices as necessary to give adequate warning to the public of any
potentially hazardous conditions. Flaggers and safety devices used for traffic control shall conform to
applicable City, county, state, and federal requirements. Should the Contractor appear to be neglectful
or negligent in furnishing adequate warning and protection measures, the inspector may direct
attention to the existence of a hazard and the necessary warning and protective measures shall be
furnished and installed by the Contractor without additional cost to the City. Should the City point out
the inadequacy of warning and protective measures, such an action of the City shall not relieve the
Contractor from any responsibility for public safety and abrogate his obligation to furnish and pay for
those devices. Nothing in this section is intended, nor shall be construed, to abrogate the Contractor's
sole and ultimate responsibility for performing the operations pursuant to this agreement in a safe

Request For Proposal #EM25-LSM02
Title: Landscape Maintenance Services

manner. The installation of any general illumination shall not relieve the Contractor of his responsibility
for furnishing and maintaining any protective facility.

Two lanes of traffic on major streets shall be maintained open for traffic at all times. Local access shall
be maintained at all driveways.

A. SCHEDULING OF WORK: The nature of this work may require scheduling work at times which
will least impact traffic. This may include weekend and/or night work. Under no circumstances
will the Contractor be allowed to impede vehicular or pedestrian traffic, without written
permission from the Public Works Director, Parks & Recreation Director or designee.

The Public Works Director, Parks & Recreation Director or designee shall work with the Contractor to
establish a written schedule. The Public Works Director, Parks & Recreation Director or designees will
have the authority to change this schedule with two (2) weeks written notice.

PLEASE NOTE, it is very important for the Contractor to stay on schedule and to visit the sites during the
hours and dates mentioned in the schedule. Any deviation from the schedule may result in a letter of
non-compliance from the City of El Mirage requiring immediate action from the Contractor to remedy
the situation. Any work not completed will be deducted from the monthly bill.

SAFETY DATA SHEETS:

A. Contractor shall furnish to the City of El Mirage a list and copies of the Safety Data Sheets (SDS),
for all products used in the City on an annual basis. In addition, each time a new chemical
product is introduced, a copy of that product's SDS must be provided to the Public Works
Department prior to the product being used in the City.

B. The Safety Data Sheets must be in compliance with OSHA Regulation 1910.1200, paragraph g.

IRRIGATION CONTROLLERS:

The Contractor is not responsible for any repair, maintenance or replacement of the irrigation
controllers. The setting of watering schedules for any irrigation controllers is the responsibility of City
personnel. The Contractor is required to submit to the Public Works Director, Parks & Recreation
Director or designee all requests for watering schedule changes, and recommendations.

CORNER VISION:

Within the triangle formed by connecting the ends of the respective fifty (50) foot distances as
illustrated in the drawing, all the hedges, shrubbery and other plantings shall be limited to a height of
two (2) feet above the elevation of the nearest edge of pavement at the said intersecting streets. Trees
located within the fifty (50) foot clear distance are to have the foliage cleared to a height of eight (8)
feet above the ground. (See Exhibit C)