Agreement with URW, LLC
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C
AGREEMENT FOR
LANDSCAPING SERVICES FOR RIGHT-OF-WAY
City of Glendale Solicitation No. RFP 26-31
This Agreement for Landscaping Services of Right-of-Way ("Agreement") is effective and entered into between CITY
OF GLENDALE, an Arizona municipal corporation ("City"), and URW, LLC, an Arizona corporation, authorized
to do business in the State of Arizona, ("Contractor"), as of the _____ day of ____________, 20 .
RECITALS
A.
City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, pursuant to Solicitation No. RFP 26-31 (the "Project");
B.
City desires to retain the services of Contractor to perform those specific duties and produce the specific
work as set forth in the Project attached hereto; and
C.
City and Contractor desire to memorialize their agreement with this document.
AGREEMENT
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the
mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and
Contractor agree as follows:
1.
Key Personnel; Sub-contractors.
1.1
Services. Contractor will provide all services necessary to assure the Project is completed timely and
efficiently consistent with Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other contractors or consultants, retained by City.
1.2
Project Team.
a.
Project Manager.
(1)
Contractor will designate an employee as Project Manager with sufficient training,
knowledge, and experience to complete the Project and handle all aspects of the
Project (as determined by the City in its sole discretion); such that the work
produced by Contractor is consistent with applicable standards as detailed in this
Agreement;
(2)
The City must approve the designated Project Manager; and
(3)
To assure the Project schedule is met, Project Manager may be required to devote
no less than a specific amount of time as set out in Exhibit A.
b.
Project Team.
(1)
The Project Manager and all other employees assigned to the project by Contractor
will comprise the "Project Team."
(2)
Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Contractor.
c.
Discharge, Reassign, Replacement.
(1)
Contractor acknowledges the Project Team is comprised of the same persons and
roles for each as may have been identified in the response to the Project's
solicitation.
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(2)
Contractor will not discharge, reassign or replace or diminish the responsibilities of
any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Contractor, in which event the substitute must first be approved in writing by City.
(3)
Contractor will change any of the members of the Project Team at the City's request
if an employee's performance does not equal or exceed the level of competence that
the City may reasonably expect of a person performing those duties or if the acts or
omissions of that person are detrimental to the development of the Project.
d.
Sub-contractors.
(1)
Contractor may engage specific technical contractor (each a "Sub-contractor") to
furnish certain service functions.
(2)
Contractor will remain fully responsible for Sub-contractor's services.
(3)
Sub-contractors must be approved by the City, unless the Sub-contractor was
previously mentioned in the response to the solicitation.
(4)
Contractor shall certify by letter that contracts with Sub-contractors have been
executed incorporating requirements and standards as set forth in this Agreement.
2.
Schedule. The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
3.
Contractor’s Work.
3.1
Standard. Contractor must perform services in accordance with the standards of due diligence, care,
and quality prevailing among contractors having substantial experience with the successful furnishing
of services for projects that are equivalent in size, scope, quality, and other criteria under the Project
and identified in this Agreement.
3.2
Licensing. Contractor warrants that:
a.
Contractor and Sub-contractors will hold all appropriate and required licenses, registrations
and other approvals necessary for the lawful furnishing of services ("Approvals"); and
b.
Neither Contractor nor any Sub-contractor has been debarred or otherwise legally excluded
from contracting with any federal, state, or local governmental entity ("Debarment").
(1)
City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments or to examine Contractor's contracting ability.
(2)
Contractor must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration and the failure of the Contractor to notify City as
required will constitute a material default under the Agreement.
3.3
Compliance. Services will be furnished in compliance with applicable federal, state, county and local
statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards and
criteria designated by City.
Contractor must not discriminate against any employee or applicant for employment on the basis of
race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or
expression, genetic characteristics, familial status, U.S. military veteran status or any
disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated
within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this
section.
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3.4
Coordination; Interaction.
a.
For projects that the City believes requires the coordination of various professional services,
Contractor will work in close consultation with City to proactively interact with any other
professionals retained by City on the Project ("Coordinating Project Professionals").
b.
Subject to any limitations expressly stated in the Project Budget, Contractor will meet to
review the Project, Schedule, Project Budget, and in-progress work with Coordinating
Project Professionals and City as often and for durations as City reasonably considers
necessary in order to ensure the timely work delivery and Project completion.
c.
For projects not involving Coordinating Project Professionals, Contractor will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
3.5
Work Product.
a.
Ownership. Upon receipt of payment for services furnished, Contractor grants to City, and
will cause its Sub-contractors to grant to the City, the exclusive ownership of and all
copyrights, if any, to evaluations, reports, drawings, specifications, project manuals, surveys,
estimates, reviews, minutes, all "architectural work" as defined in the United States Copyright
Act, 17 U.S.C § 101, et seq., and other intellectual work product as may be applicable ("Work
Product").
(1)
This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2)
Contractor 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.
b.
Delivery. Contractor will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c.
City Use.
(1)
City may reuse the Work Product at its sole discretion.
(2)
In the event the Work Product is used for another project without further
consultations with Contractor, the City agrees to indemnify and hold Contractor
harmless from any claim arising out of the Work Product.
(3)
In such case, City shall also remove any seal and title block from the Work Product.
4.
Compensation for the Project.
4.1
Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $7,500,000, as specifically detailed in Exhibit B (the "Compensation").
4.2
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated scope of services as outlined in the Project is significantly modified.
a.
Adjustments to the Compensation require a written amendment to this Agreement and may
require City Council approval.
b.
Additional services which are outside the scope of the Project contained in this Agreement
may not be performed by the Contractor without prior written authorization from the City.
c.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in the
Exhibits and accompanying attachments, the provisions of this Agreement shall take priority
and govern the conduct of the parties.
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5.
Billings and Payment.
5.1
Applications.
a.
Contractor will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated below.
b.
The period covered by each Payment Application will be one calendar month ending on the
last day of the month or as specified in the solicitation.
5.2
Payment.
a.
After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b.
Payment may be subject to or conditioned upon City's receipt of:
(1)
Completed work generated by Contractor and its Sub-contractors; and
(2)
Unconditional waivers and releases on final payment from Sub-contractors as City
may reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
5.3
Review and Withholding. City's Project Manager will timely review and certify Payment Applications.
a.
If the Payment Application is rejected, the Project Manager will issue a written listing of the
items not approved for payment.
b.
City may withhold an amount sufficient to pay expenses that City reasonably expects to incur
in correcting the deficiency or deficiencies rejected for payment.
6.
Termination.
6.1
For Convenience. City may terminate this Agreement for convenience, without cause, by delivering
a written termination notice stating the Effective Termination date, which may not be less than 30
days following the date of delivery.
a.
Contractor will be equitably compensated for Goods or Services furnished prior to receipt
of the termination notice and for reasonable costs incurred.
b.
Contractor will also be similarly compensated for any approved effort expended and
approved costs incurred that are directly associated with project closeout and delivery of the
required items to the City.
6.2
For Cause. City may terminate this Agreement for cause if Contractor fails to cure any breach of this
Agreement within seven days after receipt of written notice specifying the breach.
a.
Contractor will not be entitled to further payment until after City has determined its damages.
If City's damages resulting from the breach, as determined by City, are less than the equitable
amount due but not paid Contractor for Service and Repair furnished, City will pay the
amount due to Contractor, less City's damages, in accordance with the provision of § 5.
b.
If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay
the difference to City immediately upon demand; however, Contractor will not be subject to
consequential damages of more than $2,000,000 or the amount of this Agreement, whichever
is greater.
7.
Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating,
securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or consultant of any
other party to this Agreement.
8.
Insurance.
8.1
Requirements. Contractor must obtain and maintain the following insurance ("Required Insurance"):
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a.
Contractor and Sub-contractors. Contractor, and each Sub-contractor performing work or
providing materials related to this Agreement must procure and maintain the insurance
coverages described below (collectively referred to herein as the "Contractor's Policies"),
until each Party's obligations under this Agreement are completed.
b.
General Liability.
(1)
Contractor must at all times relevant hereto carry a commercial general liability
policy with a combined single limit of at least $2,000,000 per occurrence and
$4,000,000 annual aggregate for each property damage and contractual property
damage.
(2)
Sub-contactors must at all times relevant hereto carry a general commercial liability
policy with a combined single limit of at least $2,000,000 per occurrence.
(3)
This commercial general liability insurance must include independent contractors'
liability, contractual liability, broad form property coverage, XCU hazards if
requested by the City, and a separation of insurance provision.
(4)
These limits may be met through a combination of primary and excess liability
coverage.
c.
Auto. A business auto policy providing a liability limit of at least $2,000,000 per accident for
Contractor and $2,000,000 per accident for Sub-contractors and covering owned, non-
owned and hired automobiles.
d.
Workers' Compensation and Employer's Liability. A workers' compensation and employer's
liability policy providing at least the minimum benefits required by Arizona law.
e.
Notice of Changes. Contractor's Policies must provide for not less than 30 days' advance
written notice to City Representative of:
(1)
Cancellation or termination of Contractor or Sub-contractor's Policies;
(2)
Reduction of the coverage limits of any of Contractor or and Sub-contractor's
Policies; and
(3)
Any other material modification of Contractor or Sub-contractor's Policies related
to this Agreement.
f.
Certificates of Insurance.
(1)
Within 10 business days after the execution of the Agreement, Contractor must
deliver to City Representative certificates of insurance for each of Contractor and
Sub-contractor's Policies, which will confirm the existence or issuance of Contractor
and Sub-contractor's Policies in accordance with the provisions of this section, and
copies of the endorsements of Contractor and Sub-contractor's Policies in
accordance with the provisions of this section.
(2)
City is and will be under no obligation either to ascertain or confirm the existence
or issuance of Contractor and Sub-contractor's Policies, or to examine Contractor
and Sub-contractor’s Policies, or to inform Contractor or Sub-contractor in the
event that any coverage does not comply with the requirements of this section.
(3)
Contractor's failure to secure and maintain Contractor Policies and to assure Sub-
contractor policies as required will constitute a material default under the
Agreement.
g.
Other Contractors or Vendors.
(1)
Other contractors or vendors that may be contracted with in connection with the
Project must procure and maintain insurance coverage as is appropriate to their
particular contract.
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(2)
This insurance coverage must comply with the requirements set forth above for
Contractor's Policies (e.g., the requirements pertaining to endorsements to name the
parties as additional insured parties and certificates of insurance).
h.
Policies. Except with respect to workers' compensation and employer's liability coverages,
City must be named and properly endorsed as additional insureds on all liability policies
required by this section.
(1)
The coverage extended to additional insureds must be primary and must not
contribute with any insurance or self insurance policies or programs maintained by
the additional insureds.
(2)
All insurance policies obtained pursuant to this section must be with companies
legally authorized to do business in the State of Arizona and reasonably acceptable
to all parties.
8.2
Sub-contractors.
a.
Contractor must also cause its Sub-contractors to obtain and maintain the Required
Insurance.
b.
City may consider waiving these insurance requirements for a specific Sub-contractor if City
is satisfied the amounts required are not commercially available to the Sub-contractor and
the insurance the Sub-contractor does have is appropriate for the Sub-contractor's work
under this Agreement.
c.
Contractor and Sub-contractors must provide to the City proof of the Required Insurance
whenever requested.
8.3
Indemnification.
a.
To the fullest extent permitted by law, Contractor must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an "Indemnified
Party," collectively, the "Indemnified Parties"), for, from, and against any and all claims,
demands, actions, damages, judgments, settlements, personal injury (including sickness,
disease, death, and bodily harm), property damage (including loss of use), infringement,
governmental action and all other losses and expenses, including attorneys' fees and litigation
expenses (each, a "Demand or Expense"; collectively, "Demands or Expenses") asserted by
a third-party (i.e. a person or entity other than City or Contractor) and that arises out of or
results from the breach of this Agreement by the Contractor or the Contractor’s negligent
actions, errors or omissions (including any Sub-contractor or other person or firm employed
by Contractor), whether sustained before or after completion of the Project.
b.
This indemnity and hold harmless provision applies even if a Demand or Expense is in part
due to the Indemnified Party's negligence or breach of a responsibility under this Agreement,
but in that event, Contractor shall be liable only to the extent the Demand or Expense results
from the negligence or breach of a responsibility of Contractor or of any person or entity
for whom Contractor is responsible.
c.
Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
9.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrants
their compliance and that of its subcontractors with all federal immigration laws and regulations that relate to
their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Contractor or
subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement and may result
in the termination of the Agreement by the City under the terms of this Agreement. The City retains the legal
right to randomly inspect the papers and records of the other party to ensure that the other party is complying
with the above-mentioned warranty. The Contractor and subcontractor warrant to keep their respective
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papers and records open for random inspection during normal business hours by the other party. The parties
shall cooperate with the City’s random inspections, including granting the inspecting party entry rights onto
their respective properties to perform the random inspections and waiving their respective rights to keep such
papers and records confidential.
10.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a
boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
11.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during
the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
12.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Contractor with oversight responsibility.
13.
Notices.
13.1
A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:
a.
The Notice is in writing; and
b.
Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested); and
c.
Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(1)
Received on a business day, or before 5:00 p.m., at the address for Notices identified
for the Party in this Agreement by U.S. Mail, hand delivery, or overnight courier
service on or before 5:00 p.m.; or
(2)
As of the next business day after receipt, if received after 5:00 p.m.
d.
The burden of proof of the place and time of delivery is upon the Party giving the Notice;
and
e.
Digitalized signatures and copies of signatures will have the same effect as original signatures.
13.2
Representatives.
a.
Contractor. Contractor's representative (the "Contractor's Representative") authorized to
act on Contractor's behalf with respect to the Project, and his or her address for Notice
delivery is:
URW, LLC
c/o Chris Testa
P.O. Box 8547
Phoenix AZ 85066
b.
City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
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City of Glendale
c/o Shoalynn Gilliland
5970 W Brown St
Glendale, Arizona 85302
(623) 930-2863
With required copy to:
City Manager
City Attorney
City of Glendale
City of Glendale
5850 West Glendale Avenue
5850 West Glendale Avenue
Glendale, Arizona 85301
Glendale, Arizona 85301
c.
Concurrent Notices.
(1)
All notices to City's representative must be given concurrently to City Manager and
City Attorney.
(2)
A notice will not be deemed to have been received by City's representative until the
time that it has also been received by City Manager and City Attorney.
(3)
City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Contractor identifying the designee(s) and their
respective addresses for notices.
d.
Changes. Contractor or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
14.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-profit
corporation or other entity whose primary purpose is to own or manage the Project.
15.
Entire Agreement; Survival; Counterparts; Signatures.
15.1
Integration. This Agreement contains, except as stated below, the entire agreement between City
and Contractor and supersedes all prior conversations and negotiations between the parties regarding
the Project or this Agreement.
a.
Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b.
Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
c.
The solicitation, any addendums and the response submitted by the Contractor are
incorporated into this Agreement as if attached hereto. Any Contractor response modifies
the original solicitation as stated. Inconsistencies between the solicitation, any addendums
and the response or any excerpts attached as Exhibit A and this Agreement will be resolved
by the terms and conditions stated in this Agreement.
15.2
Interpretation.
a.
The parties fairly negotiated the Agreement's provisions to the extent they believed necessary
and with the legal representation they deemed appropriate.
b.
The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c.
The Agreement will be interpreted in accordance with the laws of the State of Arizona.
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15.3
Survival. Except as specifically provided otherwise in this Agreement, each warranty, representation,
indemnification and hold harmless provision, insurance requirement, and every other right, remedy
and responsibility of a Party, will survive completion of the Project, or the earlier termination of this
Agreement.
15.4
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Any amendment may be subject to City Council approval. Electronic signature blocks
do not constitute execution.
15.5
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
15.6
Severability. If any provision of this Agreement is voided or found unenforceable, that determination
will not affect the validity of the other provisions, and the voided or unenforceable provision will be
deemed reformed to conform to applicable law.
15.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
16.
Term.
16.1
Extensions. The term of this Agreement commences upon the effective date and continues for a one
(1)-year initial period. The City may, at its option and with the approval of the Contractor, extend
the term of this Agreement an additional four (4) years, on an annual basis. Contractor will be notified
in writing by the City of its intent to extend the Agreement period at least thirty (30) calendar days
prior to the expiration of the original or any extension period. Price adjustments will only be reviewed
prior to the extension period and any such price adjustment will be a determining factor for any
renewal. There are no automatic extensions or renewals of this Agreement.
16.2
Extension for Procurement Process. Upon the expiration of the Term of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
procurement process to select a vendor to provide the services/materials similar to those provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
provided under this subsection will continue under the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
17.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
18.
Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
and political subdivisions of the State. Any such usage by other entities must be in accord with the ordinances,
charter, rules and regulations of the respective entity and the approval of the Contractor and City. For a list
of SAVE members, click on the following link: http://www.mesaaz.gov/business/purchasing/save
19.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A
Project
Exhibit B
Compensation
(Signatures appear on the following page.)
The parties enter into this Agreement as of the Effective Date shown above.
City of Glendale,
an Araona municipal colporation
ATTEST:
By' Patrick S. Banger
Its: City Manager
URW,LLC,
an Aruofld
Julie K. Bower
City Clerk
APPROVED ASTO FORM:
(sEAL)
Michael D. Bailey
Ciry Attorney
By
Its
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EXHIBIT A
LANDSCAPING SERVICES FOR RIGHT-OF-WAY
PROJECT
RIGHT OF WAY LANDSCAPE – GENERAL REQUIREMENTS – CONTRACTOR SHALL
Provide consistent supervision of their employees.
Provide all necessary staffing, tools, equipment, vehicles, supplies, including (chemical, fertilizers, herbicides, post
and pre-emergent), and ancillary items to perform all services proposed. Only chemicals registered and approved by
the Environmental Protection Agency (EPA) shall be used.
Shall demonstrate they can: track fleet locations, employee time onsite, work schedules, onsite work performed with
after photos via Green Sights app, and dispatch times.
Ensure that adequate staffing and resources are assigned to each Area of Service to achieve the designated Service
Levels defined and any other applicable requirements.
Provide safe storage for found articles and deliver unclaimed articles on the following Monday to the Contract
Monitor at the Transportation office located at 6210 W Myrtle Ave, Building P. All incidents of lost/found shall be
recorded on the Weekly Work Report.
Perform all work during daylight hours. No work will be completed on weekends without prior approval from the
City.
Perform all duties assigned Monday through Friday, excluding holidays. The City observes the following holidays:
New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. If the successful Contractor
wishes to work on any of the specified holidays, the Contractor shall coordinate an approval with the City.
Do not allow any person who is not an employee in the work area unless the City’s Contract Monitor gives prior
approval
Comply with Federal, State, and local laws, regulations, applicable permits, standards, and ordinances about health,
safety, and protection of the environment. Failure to comply may be grounds for non-payment and termination of
the contract
Perform intermittent walk-through audits with Contract Monitor to A) review work performed to identify and
address subpar work that may be necessary to bring the contract area up to standard; B) review to identify special
projects outside the routine scope of work
The Contract Monitor may request verification of certifications at any time during the term of the contract
LANDSCAPING – ROUTINE REQUIREMENTS – CONTRACTOR SHALL:
Turf Maintenance (Includes Mowing, Edging and Weeding) – Contractor shall:
Schedule mowing in accordance with irrigation schedules
Ensure mowing areas are clean and free of all debris before mowing, i.e., paper, stones, bottles, tree limbs, etc.
Perform mowing and edging together on the same day, and shall be scheduled in accordance with irrigation
schedules
Apply post-emergent herbicide as necessary to keep areas weed-free, and do not harm the grass at the full label-
directed rate
Control dust while mowing in compliance with Maricopa County Environmental Services Department Air Quality
Division regulations
Ensure that the mowing height of turf does not exceed 2 ½ inches
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Ensure mowing equipment operates at optimum speed with sharp mowing blades to produce clean cutting results
Equip all mowers with skirt guards
Remove mowed clippings from the property and dispose of them properly
Edge turf with a mechanical edger along walkways, curbs, and headers to maintain a neat appearance and ensure
sprinkler heads are not damaged while edging; any sprinkler heads damaged in the process are to be replaced by the
Contractor at his own expense
Inform the City Contract Monitor(s) of delays in the schedule due to excessive ground moisture, standing water, etc.
Provide an alternate schedule when delays in mowing occur
Keep all contracted areas, including adjacent sidewalks and curbs, and bull noses as applicable, free of weeds and
invasive grasses
If applicable, lower (scalp) Bermuda grass to ½ inch or less the last week of September in preparation to over-seed
with perennial Rye Seed
Only allow scalping of grass during the overseeding season
Provide verticutting of grass once per year during the growing season and/or as needed to reduce thatch buildup
Rake, retrieve, remove, and dispose of debris from the site. This includes the gathering and removal of all trash,
organic material, as well as dog and horse feces, and any other organic material that was not generated by the
contract area
Plant Material (Trees, Shrubs, and Groundcovers) – Contractor shall: 3.2.2.1. Provide landscaping services that
include, but are not limited to, sidewalks, bridle paths, shoulders, right-of-way, bike and pedestrian paths, and
medians
Remove dead, dying, diseased and broken portions of each plant or tree
Perform pruning in such a way that plant material does not create a visibility or physical obstruction to vehicular
traffic, pedestrians, traffic signs, message boards, sight obstructions, or pathway obstructions
Do not blow or rake landscaping debris into the street, sidewalk, or parking lot
Prune trees to remove hazards by trimming branches that pose a risk. Keep branches at least 13 feet (13’) above the
street and out of pedestrian walkways and view corridors, with a minimum clearance of 8 feet (8’) above the grounds
Remove all tree suckers and water sprouts from the ground to 8 feet above the trunk base
Be held responsible and cover the cost of replacing any damaged plant material due to negligence or accidental
damage caused by the Contractor. This includes replacing plants that die due to lack of care, water, improper
pruning, or the use of pesticides or chemicals
All replacement plants shall be free from circling and girdling roots at the time of planting
All trees must be planted in accordance with guidelines outlined in the University of Arizona’s publication, AZ1022,
Planting Guidelines: Container Trees & Shrubs
Be held responsible for insufficient delivery of water if Contractor caused a disruption to the water delivery system
or did not notify Contract Monitor of irrigation problem(s).
The Contractor shall not be responsible for damage to or destruction of plant material that is the result of vandalism
or damage caused by others
The Contractor shall immediately notify the Contract Monitor of any disease or pest infestation that may result in
the destruction of plant material and report the location and number of distressed, diseased, dead, and missing
plants to the Contract Monitor
If the contractor’s poor plant maintenance or failure to disinfect tools before use on the city of Glendale property
causes disease or pest infestation, the contractor will be responsible for all costs of restoring
the affected areas to their original condition, including plant material and labor
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The Contractor shall stake any trees replaced during the contract period in accordance with ISA and City
specifications: two 2” x 2” x 8’ wooden tree stakes, or approved alternates, on each side of the tree (opposed), stakes
shall not be located within the root ball, unless the tree no longer requires staking, as determined by the Contract
Monitor
Immediately after windstorms, the Contractor shall check all contract areas for trees needing re-staking and retying
and begin work to keep trees out of the streets, right-of-way, and sidewalks
Pruning and Trimming – Contractor Shall:
Prune all shrubs and ground covers limited to symmetrical (rounded) shapes. Pruning shrubs should be done in
accordance with the guidelines established by the University of Arizona Cooperative Extension-
https://extension.arizona.edu/sites/extension.arizona.edu/files/pubs/az1499-2016.pdf
Trim all shrubs to a tapered base so as not to allow accumulation of debris at the base of the shrub
Prune/trim to include the containment of vegetative growth four inches (6”) to the inside of the curb line and/or
sidewalks
Prune all shrubs and ground covers acceptably and consistently, to be approved by the Contract Monitor(s)
Remove all frost-killed plant material in the Spring, no later than April 1, at the discretion of the Contract Monitor(s)
Provide renovation pruning during the appropriate season and to the proper plants at the discretion of the Contract
Monitor(s)
Prune shrubs and ground covers to their semi-natural parameters, but not over 30” in height in traffic view corridors
Prevent groupings of shrubs to create a hedge in accordance with Crime Prevention Through Environmental
Design (CPTED) principles
Remove all invasive volunteer growing inside a ground cover, shrubs, or at the base of a tree immediately,
mechanically or manually, along with the root
Prune/trim to include the containment of vegetative growth a minimum of six inches (6”) to the inside of the curb
line and/or sidewalk; overgrowth into streets, sidewalks, and pathways will be considered out of compliance
Shrub trimming intervals during the Spring/Summer season shall be per the schedule
Trim all shrubs during the Winter/Fall season as needed
Shrub trimming intervals may be adjusted at the City’s discretion
The Contractor’s tree pruning (where applicable) shall be performed following the International Society of
Arboriculture (ISA) accepted practices, with no stubs, ripped bark, or pollarding
Remove water sprouts and suckers under 8 feet
Have working knowledge of the American National Pruning Standards (A300) and International Society of
Arborists ISA Tree Pruning Guidelines, and shall adhere to the most recent edition of the American National
Standard for Tree Care Operations (Z133.1)
Accomplish tree pruning with hand pruning saws, hand pole saws, hand pruners, loppers, gas-powered chain saws,
or electric trimming devices
When the Arizona Department of Environmental Quality (ADEQ) issues a High Pollution Advisory (HPA), the use
of leaf blowers and gas-powered equipment on governmental properties and right of ways is prohibited during the
advisory period. It is the Contractor’s responsibility to monitor HPA restrictions. In the event this standard is not
met, the Contractor will be issued an out-of-compliance notice in writing
Remove dead, dying, diseased, and broken portions of each plant
Inform the Contract Monitor of the quantity and location of dead plant removals in the weekly report
Perform pruning in such a way that plant material does not create a visibility obstruction to vehicular traffic, and
shrubs not to exceed 30 inches in height within the site triangle
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Trim all sight obstructions within 24 hours of notification and keep them trimmed to prevent recurrence
Do not remove live shrubs or any tree without the approval of the City Contract Monitor
Raking Out of Decomposed Granite/Soil Areas – Contractor Shall: 3.2.4.1. Rake out all decomposed granite and
bare ground areas as per the schedule in all contracted areas, including the gathering and removal of all trash,
organic material, litter, dog and horse feces, and other material that was not generated by the contract area
Rake out, retrieve, remove from the site, and properly dispose of all material in accordance with all federal, state, and
local laws, ordinances, and regulations
Irrigation Requirement – Contractor Shall:
Black and Yellow Lots, Airport
Inspect the irrigation system each week for proper operation and provide notification of such to the Contract
Monitor. Inspection includes the furnishing of all labor and parts to replace missing emitters, bubblers, and
sprinklers
Be responsible for irrigation water delivery past the valves, through the piping, tubing, emitters, and bubblers, and
plug all emitters not delivering water to plant material (missing plants). The city will maintain valves, controllers, and
back-flow prevention devices
Report location and number of missing plants to the City Contract Monitor monthly
Flush the irrigation system after repairs have been made, using the control valves. The Contractor may ONLY repair
control valves on irrigation systems at the direction of the City Irrigation Technician and/or Contract Monitor
Repair control valves and control clocks on irrigation systems, when directed by the Contract Monitor, at the hourly
rate established in the contract, plus parts or replacement components, as an addition to the monthly invoiced
amount and noted separately
Raise valve boxes to the level of the ground surface, if needed, when directed by the Contract Monitor(s)
Water by hand, or other means, in accordance with plant and vegetation needs, until the proper operation of the
irrigation system is restored if an irrigation system is out of service due to the Contractor's neglect
Must replace, at no expense to the city, any plant material that is lost due to Contractor negligence
Plug all emitters not delivering water to plant material at the Contractor’s expense
Be held responsible for damage done to irrigation system components and plant material due to careless operation
of their vehicles and maintenance equipment
Complete all irrigation repairs within 48 business hours after discovery
Test all spray heads after each mowing by manually turning on each irrigation valve. Adjust and replace sprinkler
heads to achieve maximum coverage and minimum overspray onto the street, sidewalks, or any other area that is not
intended for irrigation. This pertains to the black lot, the yellow lot, and the airport turf areas
North Developed, South Developed, Downtown, SR101(Beardsley), Landscaped Alleys, US 60 (Grand), Northern
Parkway, Westgate, and the Park and Ride
Visually inspect the irrigation system each week for proper operation and provide notification of such to the
Contract Monitor. Inspection includes the furnishing of all labor and parts to replace missing emitters and bubblers
Be responsible for irrigation water delivery past the valves, through the piping, tubing, emitters, and bubblers, and
plug all emitters not delivering water to plant material (missing plants). The city will maintain valves, controllers, and
back-flow prevention devices
Flush the irrigation system after repairs have been made, using the control valves. The Contractor may ONLY repair
control valves on irrigation systems at the direction of the City Irrigation Technician and/or Contract Monitor
Repair control valves and control clocks on irrigation systems, when directed by the Contract Monitor, at the hourly
rate established in the contract, plus parts or replacement components, as an addition to the monthly invoiced
amount
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Raise valve boxes to the level of the ground surface, if needed, when directed by the Contract Monitor(s)
Water by hand, or other means, in accordance with plant and vegetation needs, until the proper operation of the
irrigation system is restored if an irrigation system is out of service due to the Contractor's neglect
Must replace, at no expense to the city, any plant material that is lost due to Contractor negligence
Plug all emitters not delivering water to plant material at the Contractor’s expense
Be held responsible for damage done to irrigation system components and plant material due to careless operation
of their vehicles and maintenance equipment
Complete all irrigation repairs within 48 business hours after discovery
The City’s Contract Monitor(s) shall have final say on irrigation controller settings
Weed Abatement – Contractor Shall:
Weed as per schedule in all areas
Ensure all areas are free of weeds, including adjacent sidewalks and curbs
If weed abatement is not performed, the City Contract Monitor(s) may consider the maintenance to be
unsatisfactory and the Contractor non-compliant, resulting in a penalty as defined below in Section 8
Control all landscaped areas with proper mechanical and chemical application, as necessary, to maintain contract
areas weed and grass-free
Identify the chemicals used, including web links to the Safety Data Sheets
Treat all grasses and weeds with appropriate herbicide before mechanical removal
Maintain and ensure all assigned areas are weed and grass-free, including dead weeds and grass that were chemically
treated
Apply all herbicide applications by an Arizona Department of Agriculture Office of Pest Management certified
applicator
Chemicals and Pesticides – Contractor Shall:
Submit a list of proposed chemicals, complete with current Safety Data Sheet (SDS) specimen labels and specific
application rates to be used, to the Contract Monitor for approval ten (10) days before commencement of the
contract period
Must allow ten (10) days before chemical application for any additions or substitutions of the proposed chemicals
Not deviating from the approved list without prior written approval of the City Contract Monitor shall be grounds
for non-payment and termination of the contract
Use chemicals and pesticides registered with the Environmental Protection Agency (EPA) and the State of Arizona
Office of Pest Management (OPM) approval
Comply with all federal, state, and local laws, regulations, standards, and ordinances about health, safety, and EPA
Failure to comply with all federal, state, and local laws, regulations, standards, and ordinances about health, safety,
and environmental protection shall be grounds for non-payment and immediate termination of contract
Ensure any personnel performing the required pest, insect, weed, and disease control services are licensed by the
State of Arizona to perform the necessary services as approved by the State of Arizona OPM
Provide a list of all certified applicators, copies of licenses, certifications, and up-to-date training certificates when
requested by the City
Track all chemicals, herbicides, pesticides, types, brands, quantities, and associated application ratios for Storm
Water NPDES reporting and shall provide information when requested by the City Contract Monitor
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Pre-Emergent Herbicide Application 9Spring and Fall Application) – Contractor Shall:
Not apply herbicide on windy days when there is a high chance of drifting
Treat all weeds and grasses with an appropriate herbicide before the weeds and grasses reach a height of six inches
(6”), and the weeds and grasses must be mechanically removed
Include an ultra-violet colored dye in a sufficient amount to be visible for five (5) days after herbicide applications-
for post-emergent chemical applications
Similarly, control weeds in the winter, but the use of a 2-4-D broadleaf herbicide is not permitted
Do not use soil sterilant of any type
Ensure all applications include decomposed granite, decorative rock, and non-landscaped bare areas per label
instructions for long-term (12-month) control: one fall application (September – November) and one spring
application (February – April)
Assure all trash, litter, debris, and all foreign material are cleared from the area to allow the pre-emergent to make
direct contact with the soil before application
Water within fourteen (14) days, applying pre-emergent applications via a water buffalo or a water truck. The water
will be provided via the City. The water truck or water buffalo will be at the Contractor’s expense
Obtain pre-emergent certifications for each seasonal application and submit the pre-emergent certifications to the
Contract Monitor upon completion
Track all chemicals, herbicides, pesticides, types, brands, quantities, and associated application ratios for the State of
Arizona, Office of Pest
Management division, and shall provide information when requested by the City Contract Monitor
Chemical application shall be conducted in compliance with the State of Arizona Office of Pest Management,
primarily to inhibit and /or eradicate existing vegetation and/or weed growth
Permits for chemical control application shall be the responsibility of the Contractor
The Contractor shall provide the City of Glendale ROW Landscaping Division Contract Monitor a copy of the
permit and all associated license requirements for their staff to apply herbicide chemicals before use, and they are to
be approved by the City of Glendale Right of Way Landscaping Contract Monitor
The Contractor must provide spray logs to the city at a minimum of once per month
The Contractor is to ensure that no overspray reaches and affects private property and will hold the city harmless
for any action therein
Any items that don't meet the standard, such as those mentioned earlier, will be removed by the contractor at no
extra cost to the city
Provide necessary workforce, tools, equipment, and supplies or materials as needed to perform the duties of the
contract
Post-Emergent – Weeds/Grass – Contractor Shall:
Not apply herbicide on windy days when there is a high chance of drifting
Treat all weeds and unwanted grasses with an appropriate herbicide before the weeds and grasses reach a height of
three inches (3”), and the weeds and grasses must be mechanically or manually removed once the weeds have died
from the chemical treatment
Include an ultra-violet colored dye in an amount to be visible for five (5) days after herbicide applications
Control dicots, monocots, and nut sedge using a herbicide (e.g., Round Up) or other approved equal or substitute
labeled to kill undesired weeds, plants, and grasses, by the Contract Monitor(s) per the label instructions in the
summer season
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Control weeds in a similar manner (as described above in this section). The use of a 2-4-D broad-leaf herbicide is
not permitted; the chemical must be approved by Contract Monitor(s) in the winter season
Do not use soil sterilant of any type
Track and submit all chemicals, herbicides, pesticides, types, brands, quantities, and associated application ratios for
Storm Water NPDES reporting and shall provide information on weekly reports to the City Contract Monitor
It is the City’s preference to manually remove weeds that exceed three (3”) inches in height and width to provide
immediate eradication and an aesthetically pleasing landscape
Chemical application shall be conducted in compliance with the State of Arizona Office of Pest Management,
primarily to inhibit and /or eradicate existing vegetation and/or weed growth
Permits for chemical control application shall be the responsibility of the Contractor
The Contractor shall provide the City of Glendale Right of Way Landscape Division a copy of the permit and all
associated license requirements for their staff to apply herbicide chemicals before use, and they are to be approved
by the City of Glendale Right of Way Landscape Contract Monitor
Contractors must provide spray logs to the city at a minimum of once per month
The Contractor is to ensure that no overspray reaches and affects private property and will hold the city harmless
for any action therein
Any items that don't meet the standard, such as those mentioned earlier, will be removed by the contractor at no
extra cost to the city
Provide necessary workforce, tools, equipment, and supplies or materials as needed to perform the duties of the
contract
Damaged Plant Material (Repairs or Replacements) – Contractor Shall:
Contractor is responsible for any adverse effects or death of plant materials due to the application of chemicals,
runoff, and drift onto adjacent properties
Report to the Contract Monitor any damaged flora immediately and provide pictures of damaged flora. Contractor
will be considered non-compliant if not reported promptly
At their own expense, make all repairs or replacements of damaged plant material within two weeks. Once approved
by the City, the Contract Monitor will determine the scope of damage and approve all repairs and plant
replacements
Soil/Turf Conditioning – Contractor Shall:
Notify the City Contract Monitor(s) at least two (2) weeks before the date of performing soil/turf conditioning, such
as turf fertilization, and chemical weed control
Apply two (2) times a year (Applications and associated rates must be approved by City Contract Monitor(s) two
weeks before application:
• April – Ammonium sulfate at a rate of 1 pound per 1,000 square feet
• September – 21-7-14 or approved equal at a rate of one pound of nitrogen per 1,000 square feet. Must be
homogeneous type
Apply Perennial Rye seed at the rate of 12-15 pounds per 1,000 square feet over scalped areas in September, no later
than one (1) day after scalping. NOTE- Not currently applicable due to drought restrictions
Apply starter fertilizer 16-20-0 or equal upon the approval of City Contract Monitor(s) and area top dressed in
mulch. NOTE- Not currently applicable due to drought restrictions
Aerate turf areas twice a year during the warm-season grass-growing period, April -September
All turf irrigation heads, valve boxes, etc., must be identified and marked accordingly by the Contractor before
aeration
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Any damage will result in a fine. Refer to section 8. PERFORMANCE LEVELS / NON-PERFORMANCE FEES
/ PERFORMANCE METRICS
Erosion Control – Contractor Shall:
Upon request by the City, maintain the integrity of all developed and non-developed ROW landscaped areas by
restoring erosion-damaged areas. Remove and dispose of all debris generated from this work
Supply labor and ALL equipment (tractor, front-end loader, etc.) as necessary to perform the contracted services
Trash/Litter Disposal – Contractor Shall:
Retrieve, remove, and dispose of all foreign material that is not part of the landscape, which includes but not limited
to, trash, papers, cans, bottles, broken glass, feces, dead plant material, realty and yard sale signs, etc., from the
contract areas and sidewalks, including any debris that is present along the curb and street weekly. If a Contractor
finds foreign materials that are not identifiable or are deemed potentially hazardous, the Contractor shall contact the
Contract Monitor immediately
Do not disturb political signs and report any sight obstructions to the Contract Monitor
Service areas may include, but are not limited to, City of Glendale designated sidewalks, bridle paths, ROW
shoulders, bike and pedestrian paths, and any other City-owned properties specified within this scope of work
Fully cover all open bed trucks used for the transportation of waste
Dispose of all debris and any other matter removed from the contracted area in compliance with Federal, State,
County, and City regulations
Be solely responsible for any disposal fees (dumping charges) incurred
Remove all found tires from contracted areas
WORK SCHEDULES –Provide a complete, detailed work schedule to the Contract Monitor to include:
Proposed days and times, equipment, and crew size to perform the work at each work area
Provide Special crew member names and licenses that will be applying herbicides or pesticides, and the name of the
Supervisor(s) who will oversee the work performed
Provide monthly work schedules that reflect adequate and appropriate time for completion of all routine work
activities on a daily, weekly, and monthly basis, as well as seasonal work activities on an annual basis
Provide work schedules that identify routine and any special tasks
Ensure any changes to work schedules are provided to the Contract Monitor by Friday, 4:00 p.m., for the following
week
Complete all work during the calendar week in which it is scheduled unless circumstances occur that are beyond the
control of the Contractor and approved by the Contract Monitor
Understand that failure to submit schedules as prescribed may be grounds for termination of the contract
REPORTING – CONTRACTOR SHALL:
Provide a completed work schedule report weekly, with hours and the number of employees onsite 5.2. Use the
Glendale Green Sights app to track ALL completed work, including before and after photos and tracking tasks
performed
Submit to the Contract Monitor the schedule of pre-emergent applications ten (10) workdays before application, as
well as notify the Contract Monitor of any changes immediately due to inclement conditions
Submit post-application spray logs within the same week of application. City reserves the right to modify these
schedules and the products used
BILLING AND INVOICING – CONTRACTOR SHALL:
Contractors MUST provide a detailed monthly invoice which includes the following
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• City Purchase Order reference number
• Hours of service
• Dates of service
• Itemized products or services rendered
• Identify the Area of Service or location by areas of service
• Separate line item for any product discount (if applicable)
• Separate line item for sales tax
• Submit invoice within two weeks of job completion
• At the end of the fiscal year, all invoices must be submitted no later than June 16th
MODIFICATIONS TO PRODUCTS, SCHEDULES OR SERVICES
The City reserves the right to expand or delete landscaping service requirements and/or Areas of Service at any time
during the contract period when it is deemed to be in the City’s best interest 7.2. In the event of additional service
requirements and/or Areas of Service, the City and Contractor shall agree upon changes in writing by completing an
Amendment to the Agreement
Should the City and the Contractor not agree on additional service charges, the City reserves the right to perform
the extra services with City personnel or other outside contract services
The City reserves the right to make changes to the landscape schedule(s) when it is deemed to be in the City’s best
interest
The Contractor shall not be compensated for the loss of work due to deletions or substitutions to the Contract
PERFORMANCE LEVELS/NON-PERFORMANCE FEES/PERFORMANCE METRICS
The resulting agreement will be a performance-based contract directly related to the performance metrics below.
Quarterly performance meetings will be held to review and discuss the performance metrics
Ref # Description of Situation Amount to be Deducted per Incident
3.6.A Non-compliance with Federal, State, and local laws, regulations, applicable permits, standards, and
ordinances about health, safety, and protection of the environment.
$100
3.6.B Subpar work that may be necessary to bring the contract area up to standard.
$50
3.6.C Failure to produce a proper certification relevant to work performed upon request $100
3.6.D Complete all irrigation repairs within 48 business hours of identifying areas unless otherwise directed by the
City.
$100
All litter is removed from all undeveloped public right-of-way areas
100% Fine imposed in the amount of
$100 if this metric is not met per site
All litter removed from all developed public right-of-way areas
100% Fine imposed in the amount of $100 if
this metric is not met per site
All shrubs in public right-of-way areas are trimmed to prevent visibility obstructions
100% Fine imposed
in the amount of $100 if this metric is not met per incident
All tree skirts in public right-of-way areas are maintained below the 8ft level
100% Fine imposed in the
amount of $100 if this metric is not met per site
Pre-emergent was completed on all granite and bare areas 90%
Fine imposed in the amount ranging from $500
if this metric is not met per site.
Post-emergent completed on all granite and bare areas
90%
Fine imposed in the amount of $100 if this
metric is not met per site
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Damage while completing aeration and fertilization of all turf areas due to the failure to mark and flag irrigation bell
boxes and sprinkler heads
90%
Fine imposed in the amount of time, labor, and materials for repairs if this
metric is not met per area at a rate of $50 per hour plus the cost of materials.
EXHIBIT B
LANDSCAPING SERVICES FOR RIGHT-OF-WAY
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Per section 4 of this agreement.
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the Project during
the entire term of the Project must not exceed $7,500,000.
DETAILED PROJECT COMPENSATION
Per pricing workbook.