2015/11/01 Adame Landscape, Inc. Citywide Landscape Maintence Services CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and effective
this 1ST day of NOVEMBER , 2015 ("Effective Date") by and between the CITY OF
MENIFEE, a California municipal corporation, ("City") and Adame Landscape, Inc , a California
Corporation, C ("Contractor"). City and Contractor may sometimes herein be referred to
individually as a"Party" and collectively as the "Parties."
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Contractor will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A,this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on November 1, 2015
and shall end on June 30, 2018 The contract is for a eight (8) month term, (November 1, 2015 —
June 30, 2016) with two (2) single year(July 1, 2016—June 30, 2017 and July 1, 2017—June 30,
2018) renewals upon automatic renewal by mutual agreement, unless the term of this Agreement
is otherwise terminated or extended as provided for in Section 8. The time provided to Contractor
to complete the Services required by this Agreement shall not affect City's right to terminate this
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Contractor represents and warrants that Contractor is a
provider of first class work and services and Contractor is experienced in performing the Services
contemplated herein and, in light of such status and experience, Contractor shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Contractor is engaged in the
geographical area in which Contractor practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Contractor
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Contractor shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Contractor's obligations
hereunder.
1.5 Authorization to Perform Services. Contractor is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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SECTION 2. COMPENSATION.
City hereby agrees to pay Contractor a sum not to exceed ONE HUNDRED FORTY TWO
THOUSAND THREE HUNDRED NINE DOLLARS AND ELEVEN CENTS ($142,309.11),
prorated the first year, covering the eight month period of November 1, 2015 to June 30, 2016, at
NINETY FOUR THOUSAND EIGHT HUNDRED SEVENTY TWO AND SEVENTY FOUR
CENTS ($94,872.74), notwithstanding any contrary indications that may be contained in
Contractor's proposal, for the Services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Exhibit A,regarding the amount
of compensation,this Agreement shall prevail. City shall pay Contractor for the Services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified
below shall be the only payments from City to Contractor for the Services rendered pursuant to
this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except
as specifically authorized in advance by City, Contractor shall not bill City for duplicate services
performed by more than one person.
2.1 Invoices. Contractor shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
C. A"Task Summary" containing the original contract amount,the amount of
prior billings,the total due this period,the balance available under this Agreement, and the
percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Contractor and each employee, agent, and subcontractor of Contractor performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Contractor Representative's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29714 Haun Road
Menifee, CA 92586
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2.2 Monthly Pam. City shall make monthly payments,based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty(30)days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Pam. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement,unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Pavrnent upon Termination. In the event that City or Contractor terminates this
Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Contractor shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Contractor only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
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Before beginning any work under this Agreement, Contractor, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Contractor has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Contractor shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Contractor's compensation. Contractor shall not
allow any subcontractor, Contractor or other agent to commence work on any subcontract until
Contractor has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor pursuant to the provisions of the California
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident,ONE MILLION DOLLARS ($1,000,000.00)disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Contractor, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage,for risks associated with the Services contemplated by this Agreement,TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scone of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
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C. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis,and
not on a claims-made basis.
b. Any failure of Contractor to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,employees,agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Contractor, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Contractor must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Contractor's sole cost and expense, any extended reporting
provisions of the policy, if Contractor cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
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4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Contractor shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: Park
and Landscape Maintenance Services The name and address for Additional Insured endorsements,
Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29714 Haun Road,
Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of
ongoing and completed operations by or on behalf of Contractor.
C. Notice of Reduction in or Cancellation of Coverage. Contractor shall
provide written notice to City within ten (10) working days if. (1) any of the required insurance
policies is terminated; (2)the limits of any of the required polices are reduced; or(3)the deductible
or self insured retention is increased.
d. Additional insured primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Contractor,
including the insured's general supervision of Contractor; products and completed operations of
Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles
owned, leased, or used by Contractor in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents,or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one(1)year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Contractor shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Contractor may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses
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and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City'sinterests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies,which are alternatives to other remedies City may have and are not the exclusive remedy
for Contractor's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Contractor to stop work under this Agreement or withhold any
payment that becomes due to Contractor hereunder, or both stop work and withhold any
payment, until Contractor demonstrates compliance with the requirements hereof; and/or
C. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law,Contractor shall indemnify,protect,defend(with counsel selected by City),and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable Contractor and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
"Claims")to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or
individual that Contractor shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contractor shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials,volunteers,and agents from and against any and all Claims,
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where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Contractor or by any individual or entity for which
Contractor is legally liable, including but not limited to officers, agents, employees or
subcontractors of Contractor.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement
and assignment of personnel pursuant to Subparagraph 1.3;however,otherwise City shall not have
the right to control the means by which Contractor accomplishes the Services rendered pursuant
to this Agreement. The personnel performing the Services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control. Contractor
shall not at any time or in any manner represent that it or any of its officers, employees, or agents
is in any manner officers, officials, employees, or agents of City. Contractor shall not incur or
have the power to incur any debt, obligation,or liability whatever against City, or bind City in any
manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay
salaries, wages, or other compensation to Contractor for performing the Services hereunder for
City. City shall not be liable for compensation or indemnification to Contractor for injury or
sickness arising out of performing the Services hereunder. Notwithstanding any other City, state,
or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its
employees, agents, and subcontractors providing services under this Agreement shall not qualify
for or become entitled to any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public Employees Retirement
System ("PERS") as an employee of City and entitlement to any contribution to be paid by City
for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Contractor shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Contractor's employee and
subcontractors. It is understood that it is the responsibility of Contractor to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and
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467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City's request. Contractor shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Contractor or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii)the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Contractor or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Contractor shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Contractor acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Licenses and Permits. Contractor represents and warrants to City that Contractor
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Contractor represents and warrants to City that Contractor and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing,Contractor and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Contractor.
8.2 Termination by Contractor. Contractor may cancel this Agreement upon 30 days'
written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Contractor delivering to City any or all
documents,photographs, computer software, video and audio tapes, and other materials provided
to Contractor or prepared by or for Contractor or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and agrees
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that, if City grants such an extension, City shall have no obligation to provide Contractor with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a determination
of Contractor's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Contractor. Contractor may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Contractor
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Contractor's proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Contractor's employ, Contractor
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Contractor
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Contractor. If Contractor materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Contractor pursuant to this Agreement;
C. Retain a different contractor to complete the Services described in
Exhibit A; and/or
d. Charge Contractor the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Contractor prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Contractor hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above,prepared pursuant to this Agreement
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are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Contractor. City and
Contractor agree that,until final approval by City, all data,plans, specifications,reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy,use,modify,reuse,or sublicense any and all copyrights,designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally,magnetically, or in any other medium, which
are prepared or caused to be prepared by Contractor under this Agreement ("Documents and
Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Contractor represents and warrants that Contractor has the legal right to license any
and all Documents and Data. Contractor makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Contractor or
provided to Contractor by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
9.3 Contractor's Books and Records. Contractor shall maintain any and all ledgers,
books of account, invoices,vouchers,canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Contractor under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief,to enforce or interpret the provision of this Agreement,the prevailing
Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
26711031858-0001
8513772.1 a10/O1/15 -11-
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law: Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Representative. All matters under this Agreement shall be handled for
Contractor by Carlos Adame ("Contractor's Representative"). The Contractor's Representative
shall have full authority to represent and act on behalf of Contractor for all purposes under this
Agreement. The Contractor's Representative shall supervise and direct the Services,using his best
skill and attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Community Services Director or designee ("Contract Administrator"). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Carlos Adame, General Manager
41863 Juniper Street
Murrieta, CA 92562
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29714 Hann Road
2671/031858-0001
8513772.1 a1o/01/15 -12-
Menifee, CA 92586
Attn: Robert Lennox, Community Services Director
with a copy to:
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator,the first page of a technical report, first page of design specifications,and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal and
Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rivhts and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Inte rag tion. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A,represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii)they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Contractor covenants that,by and for itself,its heirs,executors,
assigns,and all persons claiming under or through them,that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
2671/031858-0001
8513772.1 a10/01/15 -13-
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliabilit of Officers and Employees No officer,official,employee, agent,
representative, or volunteer of City shall be personally liable to Contractor, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Contractor declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award,terms or implementation of this Agreement,including any method of coercion,confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of
Contractor,in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one(1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
2671/031858-0001
8513772.1 a10/01/15 -14-
IN WITNESS WHEREOF the Parties hereto have executed and entered
e ed into this
Agreement a the Effective Date.
CITY E CONTRACTOR
Scott A. Mann, Mayor Carlos Ad`ame, General Manager
Attest: \1
Rodolfo A ame, Owner
Kathy Bennett," City Clerk
[Note: 2 officer's signatures required if
Contractor is a corporation]
Approv as to For
Jeff lching, City Attorne
2671/031858-0001
8513772,1 aIWO1115 -15-
EXHIBIT A
SCOPE OF SERVICES
2671/031858-0001
8513772.1 a10/01/15 EXHIBIT A
Attachment H —BID SCHEDULE 1 (REQUIRED FORM)
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
Bidder(Company Name); Adame Landscape, Inc.
O (E)
FREQUENCY
BID ITEM NI SC UNIT PRICE (PER WEEK, YEARLY
NO. UNIT ITEM DESCRIPTION (FIGURES) MONTH, , PRICE
APPLICATION (FIGURES)
x DS))
11 Zone 3— Location 1:
1. L.S. Maintain 15,870 S.F. of
Parkway Maintenance Area
per Specifications. $ 61 .04 X 26 $ 1 , 587.04
L.S.
2. L.S. Provide and Apply Fertilizer
within 15,870 S.F. of Parkway
Maintenance Area per
Specifications. $ 92.05 X3 $ 276 . 15
L.S.
Zone 3—Location 1 SUBTOTAL: $ 1 ,863.1 9
2.) Zone 3— Location 3:
3. L.S. Maintain 10,351 S.F. of
Parkway Maintenance Area $
per Specifications. $ 39 .81 X28 1 , 035. 06
L.S.
4. L.S. Provide and Apply Fertilizer
within 10,351 S.F. of Parkway
Maintenance Area per
Specifications. $ 60 . 04 X3 $ 180. 12
L.S.
Zone 3—Location 3 SUBTOTAL• $ 1 , 215.18
City of Menifee Page 1107 RFP—Citywide Landscape
Maintenance Services
BID SCHEDULE 1
(0) (E)
FREQUENCY
BID ITEM UNIT PRICE (PER WEEK, YEARLY
PRICE
No. UNIT ITEM DESCRIPTION FIGURES MONTH, S)
(FIGURE
(FIGURES) APPLICATION) (FIGURES)
x
3.1 Zone 3- Location 4:
5. L.S. Maintain 15,514 S.F. of
Parkway Maintenance Area $
per Specifications. $ 59.67 X26 1 , 551 . 42
L.S.
6. L.S. Provide and Apply Fertilizer
within 15,514 S.F. of Turf
Maintenance Area per
Specifications. $ 89.98 X3 $ 269. 94
L.S.
Zone 3 — Location 4 SUBTOTAL: $ 1 , 821 . 36
4.) Zone 3— Location 5:
7. L.S. Maintain 2.932 S.F. of Parkway
Maintenance Area per $
Specifications. $ 11 .28 X28 293.28
L.S.
8. L.S. Provide and Apply Fertilizer
within 2,932 S.F. of Parkway
Maintenance Area per
Specifications. $ 17. 01 X 3 $ 51 .03
L.S.
Zone 3—Location 5 SUBTOTAL: $ 344.31
0tyofMenifee Page j 108 RPP—CltywideLandscape
Maintenance Services
BID SCHEDULE 1
FREQUENCY (E)
BID ITEM (A) (6) (C) (PER WEEK, YEARLY
UNIT ITEM DESCRIPTION UNIT PRICE MONTH, PRICE
N0. (FIGURES) )
APPLICATION (FIGURES)
(C x D)
5.) Zone 3—Location 6:
9. L.S. Maintain 8,730 S.F.of Parkway
Maintenance Area per $
Specifications. $ 33 .58 X26 873 .08
L.S.
10. L.S. Provide and Apply Fertilizer
within 8,730 S.F. of Parkway
Maintenance Area per
Specifications. $ 50.63 X 3 $ 1 51 .89
L.S.
Zone 3—Location 6 SUBTOTAL: 1 , 024. 97
6.) Zone 3 Location a-
ll. L.S. Maintain 5,152 S.F. of Parkway
Maintenance Area per $
Specifications. $ 19. 82 X26 515.32
L.S.
Provide and Apply Fertilizer
12. L.S. within 5,152 S.F. of Parkway
Maintenance Area per
Specifications. $ 29.86 X 3 _ _ $ 89. 64
L.S.
Zone 3 — Location 8 SUBTOTAL: $ 604.96
City ofMenifee Page ( 109 RFP--Citywide Landscape
Maintenance Services
BID SCHEDULE 1
(C) FREQUENCY YEARLY
BID ITEM UNIT PRICE (PER WEEK, PRICE
NO. UNIT ITEM DESCRIPTION (FIGURES) MONTH, (FIGURES)
APPLICATION) (C x D)
J Zone 3—Location 10:
13. L.S. Maintain 7,548 S.F. of Parkway
Maintenance Area per $
Specifications. $ 29.03 X 26 754.78
L.S.
14. L.S. Provide and Apply Fertilizer
within 7,548 S.F. of Parkway
Maintenance Area per
Specifications. $ 43.78 X3 $ 131 .34
L.S.
Zone 3—Location 10 SUBTOTAL: $ 886. 14
8.1 Zone 3—Location 11:
16, L.S. Maintain 47,838 S.F. of
Parkway Maintenance Area per
Specifications. $ 183 .99 X26 $ 4, 783.74
L.S.
16. L.S. Provide and Apply Fertilizer
within 47,838 S.F. of Parkway
Maintenance Area per 277. 46 832.38
Specifications. $ X 3 $
L.S.
Zone 3—Location 11 SUBTOTAL: $ 5,616.12
City ofMenifee Page j 110 RFP—CitywideLandscape
Maintenance Services
BID SCHEDULE 1
(D) (E)
FREQUENCY
BID ITEM ( SC UNIT PRICE (PER WEEK, PRICE
C) YEARLY
NO UNIT ITEM DESCRIPTION (FIGURES) MONTH,
APPLICATION) (FIGURES)
(C x D)
9.) Zone 3— Location 12:
17. 1..& Maintain 11,331 S.F.of
Parkway Maintenance Area $
per Specifications. $ 43 .58 X 26 1 ,133. 08
L.S.
18. L.S. Provide and Apply Fertilizer
within 11,331 S.F. of Parkway
Maintenance Area per
Specifications. $ 65 .72 X 3 $ 197. 16
L.S.
Zone 3— Location 12 SUBTOTAL: $ 1 , 330.24
10.1 Zone 3 — Location 13, 15, 16:
to. L.S. Maintain 32,731 S.F. of _
Parkway Maintenance Area $
per Specifications. $ 125 . 89 X26 3,273.14
L,S,
20. L.S. Provide and Apply Fertilizer
within 32,731 S.F.of Parkway
Maintenance Area per
Specifications.
$ 189 .84 X3 $ 569.52
L.S.
Zone 3—Location 13. 15. 16 SUBTOTAL: $ 3,842.66
City of Menifee Page 1 111 RFP—Citywide Landscape
Maintenance Services
BID SCHEDULE 1
FREQUENCY (E)
BID ITEM UNIT ITEM DESCRIPTION UNIT PRICE (PER WEEK, PRICE
C) YEARLY
NO. (FIGURES) MONTH,
APPLICATION) (FIGURES)
(C x D)
11.) Zone 3—Location 14;
21. L.S. Maintain 2,904 S.F. of Parkway
Maintenance Area per
Specifications. $ 11 . 17 X 26 $ 290. 42
L.S.
22. L.S. Provide and Apply Fertilizer
within 2,804 S.F. of Parkway
Maintenance Area per
Specifications.
$ 16. 84 X3 $ 50. 52
L.S.
Zone 3—Location 14 SUBTOTAL• $ 340.94
12.) Zone 3 — Location M
23. L.S. Maintain 24,584 S.F. of
Parkway Maintenance Area
per Specifications. $ 94 .55 X26 $ 2,458.30
L.S.
24. LS. Provide and Apply Fertilizer
within 24,584 S.F.of Parkway
Maintenance Area per
Specifications.
$ 142. 59 _ X3 $ 427.77
L.S.
Zone 3 — Location 18 SUBTOTAL: $ 2, 886.07
City of Menifee Paine I12 RFP—Citywide Landscape
Maintenance Services
BID SCHEDULE 1
FREQUENCY (E)
BID ITEM (A) A UNIT PRICE (PER WEEK, YEARLY
NO. UNIT ITEM DESCRIPTION (FIGURES) MONTH, PRICE
APPLICATION) (FIGURES)
(C x D)
13.) Zone 3 — Location 19 Landscape:
25. L.S. Maintain 5,924 S.F. of Parkway
Maintenance Area per $
Specifications. $ 22.78 X 26 592.28
L.S.
26. L.S. Provide and Apply Fertilizer
within 5,924 S.F. of Parkway
Maintenance Area per
Specifications. $ 34 . 36 X3 $ 103.08
L.S.
Zone 3—Location 19 SUBTOTAL: $ 695 .36
14, ne 3— Location 21.,
27. L.S. Maintain 37,043 S.F.of
Parkway Maintenance Area $
per Specifications. _L142. 47 X26 3, 704 .22
L.S,
Provide and Apply Fertilizer
28. L.S. within 37,043 S.F. of Planter
Maintenance Area per
Specifications. $ 214 .85 X 3 $ 644 .55
L.S.
Zone 3 —Location 21 SUBTOTAL; $ 4, 348.77
City ofMenifee Page 1113 RFP—Citywide Landscape
Maintenance Services
BID SCHEDULE I
FREQUENCY (E)
BID ITEM NI SC UNIT PRICE (PER WEEK, PRICEYEARLY
NO. UNIT ITEM DESCRIPTION (FIGURES) MONTH, (FIGURES)
APPLICATION) (C x D)
15.) Zone 3— Location 22:
29. L.S. Maintain 4,134 S.F.of Parkway
Maintenance Area per $
Specifications. $ 15 .90 X26 413 .40
L.S.
Provide and Apply Fertilizer
30. L.S. within 4,134 S.F.of Parkway
Maintenance Area per
Specificatons. $ 23.98 X 3 $ 71 . 94
L.S.
Zone 3—Location 22 SUBTOTAL: $ 4B5.34
16.) Zone 3— Location 26:
31. L.S. Maintain 30.174 S.F. of
Parkway Maintenance Area 1 1 6.05 $ 3 01 7.30
per Specifications. $ X 26 r
L.S.
Provide and Apply Fertilizer
$2. L.S. within 30,174 S.F. of Parkway
Maintenance Area per
Specifications. $ 175.01 X3 $ 525.03
L.S.
Zone 3 — Location 26 SUBTOTAL: $ 3,542.33
City of Menifee Page 1 114 RFP—Citywide Landscape
Maintenance Services
BID SCHEDULE l
(C) FREQUENCY (E)
A)
BID ITEM ICE (PER WEEK, YEARLY
NO. UNIT ITEM DESCRIPTION
UNIT PRICE MONTH, PRICE
(FIGURES) APPLICATION) (FIGURES)
(CxD)
17.) Zone 3— Location 27:
33. L.S. Maintain 18,188 S.F. of
Parkway Area per $
Specifications. $ 69.95 X26 1 ,816. 70
L.S.
Provide and Apply Fertilizer
34. L.S. within 18,188 S.F. of Parkway
Maintenance Area per
Specifications. $ 105. 49 X 3 $ 316.47
L.S.
Zone 3—Location 27 SUBTOTAL: $ 2, 135. 17
18.) Zone 3—Location 28:
35. L.S. Maintain 39,698 S.F. of
Parkway Maintenance Area $
per Specifications. $ 152. 68 X 26 3, 969.68
L.S.
Provide and Apply Fertilizer
36 L.S. within 39,698 S.F. of Planter
Maintenance Area per
Specifications. $ 230.25 X3 $ 690. 75
L.S.
Zone 3—Location 28 SUBTOTAL: $ 4, 660. 43
City ofMenifee page 1115 RFP—Citywide Landscape
Maintenance Services
BID SCHEDULE I
FREQUENCY (E)
BID ITEM (A) (B) UNIT PRICE (PER WEEK, YEARLY
PRICE
NO. UNIT ITEM DESCRIPTION (FIGURES) MONTH,
APPLICATION) (FIGURES)
(C x D)
99.) Zone 3— Location 30, 32:
37, L.S. Maintain 35,842 S.F. of
Parkway Maintenance Area per $
Specifications. $ 137.85 X28 3,584.10
L.S.
Provide and Apply Fertilizer
38. L.S. within 35,842 S.F. of Parkway
Maintenance Area per $
Specifications. $ 207 .88 X3 623 . 64
L.S.
Zone 3— Location 30, 32 SUBTOTAL: $ 4, 207. 74
20.) Zone 3 — Location 36:
39. L.S. Maintain 143,45a S.F. of
Parkway Maintenance Area $
per Specifications. $ 551 .76 X28 14,345. 76
L.S.
Provide and Appty Fertilizer
40. L.S. within 143,458 S.F. of Parkway
Maintenance Area per $
Specifications. $ 632.06 X3 2, 496. 18
L.S.
Zone 3 — Location 36 SUBTOTAL: $ 16, 841 . 94
CitycfMenifee rage 1116 RFP—Citywidetandscape
Maintenance Services
BID SCHEDULE 1
D
FREQUENCY (£)
BID ITEM UNIT PRICE (PER WEEK, PRICE
NO. UNIT ITEM DESCSCRIP710N (FIGURES) MONTH,
APPLICATION) (FIGURES)
(C x D)
21.► Zone 3-Location 39:
41. L.S. Maintain 107,808 S.F.of
Parkway Maintenance Area
$
Per Specifications, $ 414 . 65 X 26 10, 780. 90
L.S.
Provide and Apply Fertilizer
42. L.S. within 107,808 S.F. of Parkway
Maintenance Area per
Specifications. $ 625 .29 X 3 $ 1 , 875. 87
L.S.
Zone 3—Location 39 SUBTOTAL.: $ 12, 656.77
22.) Zone 3- Location 41:
43. L.S. Maintain 61,021 S.F. of
Parkway Maintenance Area
per Specification. $ 234 .70 X26 $ 6, 102.20
L.S.
Provide and Apply Fertilizer
44. L.S. within 61,021 S.F. of Parkway
Maintenance Area per
Specifications. $ 353.92 X 3 $ 1 , 061 .76
L.S.
Zone 3 —Location 41 SUBTOTAL: $ 7,163.96
City ofMenifee Page 1 117 RFP—Citywide Landscape
Maintenance Services
BID SCHEDULE I
D
(A) (C) FREQUENCY (E)
BID ITEM UNIT ITEM DESCRIPTION UNIT PRICE (PER WEEK, YEARLY
NO. (FIGURES) MONTH, PRICE
APPLICATION) (FIGURES)
(C x D)
23.) Zone 27— Location 1
45, L.S. Maintain 6,813 S.F. of Parkway
Maintenance Area per $
Specifications. $ 26.20 X26 681 .20
L.S.
Provide and Apply Fertilizer
46. L.S. within 6,813 S.F. of Parkway
Maintenance Area per $
Specifications. $ 39.52 X3 118.56
L.S.
Zone 27— Locatlon 1 SUBTOTAL- $ 799.76
24.) Zone 37 — Location 1
47. L.S. Maintain 35,888 S.F. of Planter
Area per Specifications. $ 138. 03 X P6 $ 3,588.78
L.S.
Provide and Apply Fertilizer
48. L.S. within 35,88a S.F. of Planter
Maintenance Area per $
Specifications. $ 208.15 X 3 624. 45
L.S.
Zone 37— Location 1 SUBTOTAL: $ 4, 213. 23
City ofMenifee Page „Q RFP—CitywideLandscape
Maintenance Services
BID SCHEDULE 1
FREQUENCY (E)
BID ITEM (A) (B) (C) (PER WEEK, YEARLY
UNIT ITEM DESCRIPTION UNIT PRICE MONTH PRICE
NO. (FIGURES) , )
APPLICATION (FIGURES)
(C x D)
2.53 Zone 38— Location 1:
49. L.S. Maintain 86,671 S.F. of Planter
Area per Specifications, $ 333. 35 X26 $ 8, 667. 10
L.S.
Provide and Apply Fertilizer
50. L.S. within 86,671 S.F. of Planter
Maintenance Area per $
Specifications. $ 502 . 69 X3 1 , 508.07
L.S.
Zone 38— Location 1 SUBTOTAL S 10, 175.17
Z6•1 Zone 47— Location 9:
51. L.S. Maintain 3,800 S.F. of Parkway
Maintenance Area per $
Specifications. $ 14.62 X26 380. 12
L.S.
Provide and Apply Fertilizer
52. L.S. within 3,800 S.F. of Parkway
Maintenance Area per $
Specifications. $ 22 .04 X 3 66. 12
L.S.
Zone 47— Location 1SUBTOTAL: $ 446.24
City of Menifee Page I ll9 RF"r—Citywide Landscape
Maintenance Services
BID SCHEDULE I
FREQUENCY
BID ITEM (A) (B) (C) YEARLY
NO. UNIT ITEM DESCRIPTION UNIT PRICE (PER WEEK PRICE
(FIGURES) MONTH,APPLICATION) (FIGURES)
(C x 0)
27.) Zone 69— Location 1:
53. L.S. Maintain 62,618 S.F-of
Parkway Maintenance Area per $
Specifications. $ 240.84 X26 6, 261 .84
L.S.
Provide and Apply Fertilizer
54. L.S. within 62,618 S,F. of Parkway
Maintenance Area per $
Specifications. $ 363 .18 X 3 1 , 089.54
L.S.
Zone 69— Location 1 SUBTOTAL, $ 7, 351 .38
28.) Zone 77— Location 1:
55. L.S. Maintain 16,100 S.F.of
Parkway Maintenance Area per $
Specifications. $ 61 . 92 X20 1 , 609.92
Provide and Apply Fertilizer
56, L.S. within 16,100 S.F. of Parkway
Maintenance Area per $
Specifications. $ 93.38 X3 280. 14
I.S.
Zone 77—Location 1 SUi3TpTAL• $ 1 ,890.06
29.) Zone 81 — Location 1:
57. L.S. Maintain 331,510 S.F, of
Parkway Maintenance Area per $
Specifications. $1 ,275.04 X26 33, 151 .04
L.S.
Provide and Apply Fertilizer
58, L.S. within 331,510 S.F. of Parkway
Maintenance Area per
Specifications. $1 , 922.76 X 3 $ 5, 768. 28
L.S.
Zone 81 —Location 1 SUBTOTAL• $ 38,91 9.32
City ofMenifee Page 112C 'nFP—CitywideLandscape
Maintenance Services
BID SCHEDULE 1 GRAND TOTAL ALL ITEMS (1 through 58):
S 142, 3t)9. 11
(in Figures)
BID SCHEDULE 1 GRAND TOTAL ALL ITEMS (1 through 56):
One hundred forty-two thousand three hundred nine
(In Words)
dollars and eleven cents,
(In Words, Cont'd)
Please note the following regarding bids:
A. Award if mad will be based upon lowest total of all bid items The City reserves
the right to reject any or all bids received
B. Bid shall include all sales tax, and all other taxes and fees.
C. Bid is for a project complete-In-place,
D. Quantities above are for the purpose of comparison only and payments will be
made on the basis of actual measurement of work completed. Measurements
which vary from estimated quantities shall require verification by City, and a written
change order will be required prior to payment. For quantities indicated as lump
sum, Contractor shall be paid at the Contract per lump sum price indicated, and
shall include full compensation for all work and no additional compensation will be
allowed thereof.
E. When discrepancies occur between words and figures, the words shall govern.
City of Menifee Page 1 121 RFA—Citywide Landscape
Maintenance Services
Attachmen I
Additional Extra Work Bid Schedule(REQUIRED,FORI�11
Bidder(Company Name): Adame Landscape, Inc.
BID
ITEM UNIT ITEM DESCRIPTION UNIT PRICE
NO.
1. Per Hour Graffiti Abatement Services
$ 45.00
ReplacemenUinstallation of Turf
2. EA. per 100 Square Feet, Including
all labor and materials to install
per Specifications. $ 730. 00
Re-seeding of Turf including
3. EA. Topper per 100 Square Feet,
including all labor and materials
per Specifications. $ 55. 00
Replacement/installation of
4. EA, 15-Gallon Tree Including all
labor, stakes, and materials to
install per Specifications. $105.00
ReplacemenUinstallation of
5. EA. 24"Box Tree, including all labor,
stakes, and materials to install
Per Specifications. $225. 00
Replacement/installation of
6. EA. Ground Cover nursery flat,
including all labor and materials
to install per Specifications. $ 25. 00
ReplacemenUinstallation of
7 EA, 1-Gallon Shrub/Groundcover,
including all labor and materials
to install per Specifications. $ 7.50
ReplacemenUinstallation of
8. EA. 8-Gallon Shrub/Groundcover,
including all laborand materials
to install per Specifications. $ 25.00
Replacement/Installation of
9. EA. 1-Gallon Vine, including all labor
and materials to install per
Specifications. $ 9. 50
City of Menifee Page 1 122 RFP—Citywide Landscape
Maintenance Services
Replacement/Installation of
10, EA. 6-Gallon Vine, including all labor
and materials to install per
Specifications. $ 25.00
Replacement of Irrigation Pop-
11. EA. up Spray Nozzle, including all
labor and materials to install and
test per Specifications. $ 1 . 60
Replacement of Irrigation Drip
12, EA. Line Hose, including ell labor
and materials to install and test
per Specifications. $ 7.00
Replacement of Irrigation Drip
13. EA. Salco Emitter and Riser,
including all labor and materials
to install and test per
Specifications. $ 5.50
Replacement of 6"Spray Pop-up
14, EA. Irrigation Body or equal with
built-in check valve with
Pressure regulation, including all
labor and necessary pipe,
fittings,marlex, and materials to
install and test per
Specifications. $ 25.00
Replacement of Reclaimed
15. EA. 6"Spray Pop-up Irrigation Body
or equal with built-in check valve
with pressure regulation,
including all labor and necessary
pipe,fittings, marlex,and
materials to install and test per
Specifications. $ 26. 00
Replacement of 12"Spray Pop-
16. EA. up Irrigation Body or equal with
built-in check valve with
Pressure regulation,including all
labor and necessary pipe,
fittings, marlex, and materials to
install and test per
Specifications. $ 38. 50
City of Menifee Page 1 123 RFP—Citywide Landscape
Maintenance Services
Replacement of Reclaimed
17. EA. 12"Spray Pop-up Irrigation Body
or equal with built-in check valve
with pressure regulation,
Including all labor and necessary
pipe,fittings, marlex,and
materials to Install and test per
Specifications.
$ 40.50
Replacement of 4"Plastic Rotor
Irrigation Body or equal,
18. EA, including all labor and necessary
pipe,fittings,marlex, riser, and
materials to install and test per
Specifications. $ 35.00
19, EA. Replacement of Reclaimed
4" Plastic Rotor Irrigation Body
or equal, including all labor and
necessary pipe,fittings, marlex,
riser, and materials to install and
test per Specifications. $ 37.00
20, EA. Replacement of 6"Plastic Rotor
Irrigation Body or equal,
Including all labor and necessary
pipe, fittings,marlex, riser, and
materials to install and test per
Specifications. $ 42.00
21. EA. Replacement of Reclaimed
6" Plastic Rotor Irrigation Body
or equal, including all labor and
necessary pipe,fittings, marlex,
riser, and materials to install and
test per Specifications. $ 43.00
22. EA. Replacement of 6"Stainless
Steel Rotor Irrigation Body or
equal, including all labor and
necessary pipe,fittings, marlex,
riser, and materials to install and g5.00
test per Specifications. $
City ofMenlfee Page 1124 RFP—Citywidetandscape
Maintenance Services
Replacement of Reclaimed
6" Stainless Steel Rotor
23, EA. Irrigation Body or equal,
Including all labor and necessary
pipe,fittings,marlex,riser, and
materials to install and test per
Specifications. 1105 .00
24. EA. Replacement of 12"Plastic
Rotor Irrigation Body or equal,
including all labor and necessary
pipe,fittings, marlex,riser, and
materials to install and test per
Specifications. $ 65 .00
26. EA. Replacement of Reclaimed
12"Plastic Rotor irrigation Body
or equal,including all labor and
necessary pipe,fittings, marlex,
riser, and materials to install and
test per Specifications. $ 68.00
Replacement of
26. EA. Bubblers/Emitters for drip
Irrigation system, Including all
labor and necessary pipe,
fittings, marlex, riser, and
materials to install and test per
Specifications.
g 8. 00
27. EA. Replacement of 3l4"Plastic
Valve or equal, Including all
labor and necessary pipe,
fittings,solenoid,and materials
to install and test per
Specifications. $ 1 00. 00
28. EA. Replacement of 1"Plastic Valve
or equal, including all labor and
necessary pipe,fittings,
solenoid, and materials to install
and test per Specifications. $ 1 50. 00
29. EA. Replacement of Reclaimed
1"Plastic Valve or equal,
including all labor and necessary
pipe,fittings, solenoid,and
materials to install and test per 1 60. 00
Specifications. $
City offvienifee Page 1 125 RFP—Citywide Landscape
Maintenance Services
30. EA. Replacement of 1"Brass Valve or
equal, Including all labor and
necessary pipe, fittings,solenoid,
and materials to Install and test
per Specifications. $220.00
31. EA. Replacement of Reclaimed
1"Brass Valve or equal, including
all labor and necessary pipe,
fittings, solenoid, and materials to
install and test per Specifications. $230. 00
32. EA. Replacement of 1 112"Plastic
Valve or equal, including all labor
and necessary pipe,fittings,
solenoid, and materials to install
and test per Specifications. $17 5. 0 0
33. EA. Replacement of Reclaimed 1 112"
Plastic Valve or equal, Including
all labor and necessary pipe,
fittings, solenoid, and materials to
install and test per Specifications. $205.00
34. EA. Replacement of 1 112"Brass
Valve or equal, including all labor
and necessary pipe,fittings,
solenoid, and materials to install
and test per Specifications. $255.00
35. EA. Replacement of Reclaimed 112"
Brass Valve or equal, including all
labor and necessary pipe,fittings,
solenoid, and materials to install
and test per Specifications. $ NSA
36. EA. Replacement of 2"Plastic Valve
or equal, Including all labor and
necessary pipe,fittings, solenoid,
and materials to install and test
per Specifications, $275. 00
37. EA. Replacement of 2"Brass Valve or
equal, including all labor and
necessary pipe, fittings,solenoid,
and materials to install and test
per Specifications. $31 0. 0 0
City of Menifee Page 1 125 RFP—Citywide Landscape
Maintenance Services
38. EA. Replacement of Standard/
Reclaimed Irrigation Valve Box
Lid, including labor. $ 25.00
Replacement of
39. EA. Standard/Reclaimed Quick
Coupler Irrigation Box Lid,
Including labor. $ 18.00
Cast of Labor for Irrigation
System Mainline and Lateral Line
40. EA. Repair for Extra Work Per Fully
Burdened Labor Hour.
(Salary, Benefits, Overhead and
Profit.)per Specifications. $ 55.00
Cost of Labor to Remove and
41. EA. Replace Irrigation Controller for
Extra Work Per Fully Burdened
labor Hour.
(Salary, Benefits,Overhead and
Profit.)per Specifications. $ 55.00
Cost of Labor for Emergency Call
42 EA Out for Extra Work Per Fully
Burdened Labor Hour.
(Salary, Benefits,Overhead and
Profit.)per Specifications. $ 55.00 w/4hr, min.
End of Additional Extra Work Bid Schedule
LltyofMenifee 'age 1127 RFP—CitywideLandscape
Maintenance Services