Loading...
HomeMy WebLinkAbout4.06 AmendAgmtTruGreenCITY CLERK File 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 2004 SUBJECT: Approval of Amendment to Agreement with TruGreen LandCare for Assessment District Landscaping Maintenance Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) 2) 3) 4) Resolution and Proposed Amendment Letter from TruGreen LandCare dated March 18, 2004 February 2004 Consumer Price Index for San Francisco- Oakland-San Jose Original Agreement and Most Recent Amendment RECOMMENDATION: /?1 ,,/4/ Adopt resolution approving the amendment to the agreement FINANCIAL STATEMENT: Per Section 2 of the Agreement, TruGreen LandCare is proposing a rate increase of 0.2% for Fiscal Year 2004-2005. This percentage is based on the Consumer Price Index for All Urban Consumers of the San Francisco Bay Area Counties for the year ending February 2004. Current Rates Proposed Rates 7/1/04 - 6/30/05 Stagecoach A.D: Monthly $ 1,790.00 Annually $ 21,480.00 $ 1,793.58 $ 21,522.96 Dougherty A.D: Monthly $ 1,987.00 $ 1,990.97 Annually $ 23,844.00 $ 23,891.64 DESCRIPTION: On October 15, 2002, the City Council approved an agreement with TruGreen LandCare to perform landscape maintenance services in the Stagecoach and Dougherty Assessment Districts. The purpose of the agreement was to enhance the appearance and help reduce costs to the City. The term of the agreement was for one year, expiring on October 31, 2003. Per Section 2 of the Agreement, the term extension for the new Agreement for FY 2003-2004 covered the period from November 1, 2003, to June 30, 2004, in order to coincide with the City's fiscal year end. Section 2 also stipulated that compensation for this agreement was allowed to increase only by the Consumer Price Index percentage of increase for All Urban Consumers for the San Francisco Bay Area COPIES TO: Jim Herbst, TruGreen LandCare G:\engr-contract\trugreen~agstamendmt 04-05.doc ITEM NO. ~ Counties, which for the year ending February 2004 was shown as 0.2%. These two stipulations were also incorporated in the amendment to the agreement approved by the City Council on October 21, 2003. TruGreen LandCare desires to extend the agreement until June 30, 2005, with a requested 0.2% increase in compensation as allowed per Section 2 of the Agreement (Attachment 2). This increase is commensurate with the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area Counties as of the end of February, 2004 (Attachment 3). The amendment further revises a provision of the original agreement that referred specifically to pro-rating an increase for the partial second year, and also defines the annual rate of increase as based on the February CPl. The contractor is not proposing any changes in the Schedule of Work at this time. The work performed by TruGreen LandCare. to date has been satisfactory, professional and competitive. Staff recommends that the City Council adopt the resolution approving the amendment to the agreement. Page 2 ~.~ ~)- RESOLUTION NO. - 04 A REsoLUTIoN OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR ASSESSMENT DISTRICT LANDSCAPING MAINTENANCE SERVICES WITH TRUGREEN LANDCARE WHEREAS, the City Council of the City of Dublin approved an agreement with TruGreen LandCare on November 1, 2002, for landscaping maintenance services in the Stagecoach and Dougherty Assessment Districts (83-2 and 86-1 respectively); and WHEREAS, an amendment to the Agreement was approved by the City Council on October 21, 2003, which, pursuant to Section of the Agreement, extended the term of the Agreement to June 30, 2004, and allowed for a 1.4% increase in rates; and WHEREAS, the City and TruGreen LandCare desire to extend the term of the agreement until June 30, 2005; and WHEREAS, Section 2 of the Agreement allows for a 0.2% increase in the rates for this contract term; and WHEREAS, it is further proposed to amend the language of Section 2 of the Agreement to delete the reference to pro-rating for a partial year and to define the February Consumer Price Index as the operative annual rate of increase for the following Fiscal Year; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (extension of term and rate adjustment) with TinG-teen LandCare, which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 20th day of July, 2004. AYES: NOES: ABSTAIN: ATTEST: City Clerk ~gr~TmGreen~'eso amend 0405 Mayor q, Lo 4 'A ACRI E EXHIBIT "A' OF RESOLUTION 4)4 .AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TRUGREEN LANDCARE FOR ASSESSMENT DISTRICT LANDSCAPING' MAINTENANCE SERVICES WHEREAS, tho City of Dublin 0aereinaRer referred to as "CITY") and TmCn'een LandCare (hereinafter referred to as "CONTRACTOR"), entered into a 1-year agreement on November 1, 2002, terminating October 31, 2003, to provide landscaping maintenance services in the Stag~ and Dougherty Assessment Districts; and WHEREAS, pursuant to Section of the Agreement, the term was extended until June 30, 2004, and the rates were increased 1.4%; and WHEREAS, CONTRACTOR and the CITY wish to extend the term of said agreement for an additional one-year period, tenninat~ on June 30, 2005; NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended from July 1, 2004, to June 30, 2005. Per Section 2 of the Agreemea~ the rates for the contra~ term shall be increased by 0.2%, which is the percent of annual increase for the year ending February 2004 as stated in the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area Counties. The rates shall therefore be as follows: $21,522.96 per year (or $1,793.58 per month) for the Stagecoach Assessment Distriet, and $23,891.64 per year (or $1,990.97 per month) for the Dougherty Assessment District. Section 2 of the Agreem~t is modified to read as follows: "2. ADIUSTMENT TO CONTRACT pRICES AND WORK QUANTITY. In the event of extension of the Agreement, Contractor and the City will enter into discussions regarding needed changes in the Schedule of Work, which will set forth a Work Plan in terms of types and quantifies of work to be performed. Upon written approval of both parties, the Agreement shall be extended for an additional one-year period, beginf ning July 1, 2005 and ending June 30, 2006. The Contractor compensation for the extended term shall increase by the percent of annual increase in the Consumer Price index for All Urban Consumers for the San Francisco Bay Area Counties, dated February 2005." CITY OF DUBLIN ATTEST: c ty Clerk Mayor Y:W~or-contract\TmOreenX.~m~5 .doc Date: TruGreen LandCare 1064 Serpentine Lane Pleasanton, CA 94566 925-462-2266 FAX: 925-462-2881 Thursday, March 18, 2004 Melissa Morton City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject; Assessment District Landscaping Maintenance Agreement Dear Ms. Morton: It is the intent of TruGreen LandCare to extend the term of our agreement with the City of Dublin for the period of July 1st 2004 through June 30th 2005. Please refer to the updated pricing below. Monthly rate for Stagecoach A.D.: Annual rate for Stagecoach A.D.: Adjusted monthly rate for Stagecoach A.D.: Adjusted annual rate for Stagecoach A.D.: Monthly rate for Dougherty A.D.: Annual rote for Dougherty A.D.: Adjusted monthly rate for Dougherty Adjusted annual rate for Dougherty $1,790.00 $21,480.00 $1,793.00 $21,528.00 $1,987.00 $23,844.00 $1,991.00 $23,892.00 If you have any questions, please feel free to contact me at (925) 462-2266. Sincerely, Jim Herbst z z 0 EXHIBIT "A" OF REsoLuTION AMENDMENT TO AGREEMENT 'BETWEEN CITY OF DUBLIN AND TRUGREEN LANDCARE FOR ASSESSMENT DISTRICT LANDSCAPING MAINTENANCE SERVICES WHEREAS, the City. of Dublin (hereinafter referred to as "CITY") and TruGreen LandCare (hereinafter referred to as ".CONTRACTOR"), entered into. a 1-year agreement on November 1, 2002, terminating October:31, 2003, to provide landscaping maintenance services in the Stagecoach and Dougherty AssesSment Districts; and WHEREAS, CONTRACTOR and the CITY wish to extend the term of said agreement for an additional eight-month period, terminating on June 30, 2004; NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be e~tended from November 1, 2003, to June 30, 2004. Adjustment of Rates Per Section 2 of the Agreement, the rates for the contract term shall be increased by 1.4%, which is the percent of annual increase for the year ending August. 20.03 as stated in the Consumer Price Index for all urban consumers for the San Francisco Bay Area Counties. 'The rates shall therefore be as follows: $21,480.00 per year (or $1,790.00 per month) for the Stagecoach Assessment District, and $23,844.00 per year (or $1,987.00 per month) for the Dougherty AsSessment District. CITY OF DUBLIN Mayor TRUGR~. EN LANDCARE O:\En ~'-contra:t\T~'u Gree~q\amen dment05-04 .xmm 02 PUBLIC WORKS MA1NTEN CE SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of November 1, 2002, by and between the CITY OF DUBLIN, a Municipal Corporation ("City"), and TruGreen LandCare, ("Contractor"), who agree as follows: I. TERM OF AGREEMENT. The term of the agreement shall be for one year, beginning on November 1, 2002, and ending on October 31, 2003. The agreement may be extended for two additional periods at the City's option, the first bering from-November 1 to June 30, 2003, and the second being from July 1, 2003, to June 30, 2004. City may terminate the services of Contractor by providing 90 days written notice with or without' Cause. In the event of such termination, Contractor shall be compenSated for such services up to the point of termination. Compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If Contractor terminates its services to the City, it must provide written notice at least 90 days in advance of such termination. Notices shall be provided as indicated in Section 12 below. 2. ADJUSTMENT TO CONTRACT PRICES AND WORK 0UANTITY. In the event of extension of the Agreement, no later than August 1, 2003, for the first extension, March 1, 2004, for the second extension, Contractor and the City will enter into discussions regarding n~eded changes in the Schedule of Work, which will set forth a Work Plan in terms of types and quantities of work to be performed. Upon written approval of both parties, the Agreement shall be extended for the periods listed in Paragraph 1 effective November 1, 2003, and July 1, 2004, respectively, as provided above. The Contractor compensation shall increase by the percent of annual increase in the latest available Consumer Price Index for alt urban consumers for the San Francisco Bay Area Counties, pro-rated to the number of months in the preceding Contract extension, except for approved changes in the Schedule of Work. 3. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A. Contractor shall provide said services at'the time, place, and in the manner specified in Exhibit A. 4. PAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 5. FACILITIES AND EOU/PMENT. Except as set forth in Exhibit C,-Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 6. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the ~vent of any inconsistency between said general provisions and any other terms or Agreement with TruGreen LandCare November 1, 2002 Page 1 conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 7. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 8. SUBCONTRACTING. No portion of the work pertinent t° this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in. the Contractor's proposal. 9. CHANGES. City may from time to time require changes in the scope of the services by Contractor to be performed under this Agreement. Such changes, including any change in the mount of Contractor's compensation which are mutually agreed upon by City and Contractor, shall be effective as amendments to this Agreement only when in writing. 10. RESPONSIBLE CHARGE. Contractor shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. 11. CONTRACT ADMINISTRATION. ~rhis Agreement'shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his designee. 12. NOTICES. Any written notice to Contractor shall be sent via Registered Mail to: Jim Herbst, Sales Manager TruGreen LandCare 1064 Serpentine Lane Pleasanton, CA 94566 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer 100 Civic Plaza Dublin, CA 94568 (signatures next page) Agreement with TruGreen November 1, 2002 Page 2 Executed as of the day first above stated: City Clerk Approved as to form: City Attomey CiTY OF DUBLIN, A Municipal Corporation TRUGREEN LANDSCARE ~-~--~ ' By _~~----~~ ~ 3~m Herbst, Sa~es Manager Agreement with TruGreen LanflCare November 1, 2002 Page 3 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE The City has elected to perform its public works maintenance and related activities within the City's Dougherty Assessment District by using a private Contractor. The Contractor has agreed to arrange for and supervise the performance of the work and the City has agreed to retain the Contractor for such purposes, in accordance with the terms and provisions of this Agreement. The City and Contractor agree as follows: t. Scope of Work: The City retains Contractor to perform, supervise and manage the performance of the work described in the Scope of Work (Attachment 1, Exhibit A) and as otherwise specified in this Agreement; and for Additional Work ("Additional Work") as is called for in this Agreement. Contractor shall perform the types of work listed in Sections 1 through 4 of Attachment 1 of Exhibit A at the unit prices listed in Exhibit B or at the time and material rates listed in Exhibit B, as appropriate. The Scope of Work set forth in Sections 1 through 4 ot'Attachment 1 of Exhibit A includes the maximum am6unt the City will pay to Contractor for each activity for Calendar Year November 1, 2002, through October 31, 2003. Notwithstanding the foregoing, the City may at any time revise the Schedule of Work identified in Attachment 1 of Exhibit A for budgeting or other reasons as deemed necessary by the City and the estimated annual expenditure for the contract year shall be revised accord/ngly. Contractor specifically agrees to: (a) undertake the direct responsibility for the performance of the work in accordance with this Agreement; (b) provide directly, or through subcontractors, or as' otherwise permitted by this Agreement all labor, materials, and supervision necessary for the proper performance of the work in accordance with this Agreement; (c) furnish an area manager to provide the necessary liaison with the City Staffand the required coordination of workmen and materials in the performance of the work; (d) comply with all laws, ordinances, rules, regulations, and requirements of governmental authorities, pertaining to the performance of the work; (e) perfonu the work, contract for its performance and supervise its performance in a good and workmanlike manner and in the most expeditious, cost effective manner consistent with first-class quality; (f) perform all activities necessary and incidental to the orderly performance of the work. 2. Scheduled Work: All of the work set forth in Attachment 1 of Exhibit A is considered Scheduled Work, except as provided under Extra Work. Contractor shall perform no work in addition to Scheduled Work, unless: (a) Additional Work is approved in advance by the Public Works Director; or'(b) an emergency situation exists. An emergency situation is one which occurs under circumstances making it either impossible or impractical to obtain. City approval before proceeding with the work. In such cases, the Contractor will proceed with the work to the extent necessary to relieve said danger and shall specifically inform the Public Works Director of all Emergency Work accomplished. All Scheduled Work shall be provided according Exhibit A Page 1 of 4 November 1, 2002 to a monthly schedule prepared by the Maintenance Superintendent and approved by the Public Works D/rector in advance. 3. Additional Work: City may require Contractor to provide Additionai Work not described herein at rates and quantifies negotiated by the City and Consultant. No Additional Work will be undertaken by Contractor without the prior written approval of the Public Works Director. The Contractor will bill the City for Additional Work in the manner as provided in Exhibit B. 4. Work Not Subiect to this Agreement: The Public Works D/rector at his' discretion may recommend that projects of a large scope be.approved by the City Council for competitive bid and completed under a separate Agreement. This shall be the recommendation on all "public projects" where State or other laws require that it be contracted for and let to the lowest responsible bidder after notice. Nothing in this Section shall preclude the Contractor from participating in this bid process for said projects. City, in accordance with local ordinances and State laws, may directly purchase materials or supplies to be used by Contractor. This shall not restrict the Public Works Director from requesting that Contractor, as part of other duties identified in this Agreement, assist City with locating suppliers, obtaining price quotations or bids, or other assistance provided that Contractor will not be providing the materials and supplies. 5. Emergency Work: Emergency callout procedures will be maintained to provide for emergency response on nights, weekends, and holidays. The procedures will be reviewed and updated periodically to ensure their effectiveness. In the event Emergency Work dictates that work be accomplished outside the normal working hours, such as night time, weekends and hohdays, appropriate overhme rates shall be used. 6. Maintenance Supervision: The Contractor shall furnish an area manager to assume full responsibility for day-to-day maintenance operations, ensuring that resources required to successfully complete the project are applied in a timely manner. In addition to providing the necessary liaison, with the City, the area manager is responsible for: (a) making recommendations to the Public Works Director of work that should be performed but which is not set.forth in the Schedule of Work; (b) identifying work programs; (c) scheduling; (d) assisting and supervising work crews; (e) responding to citizen calls; (f) maintaining activity reports; and (g) generally administering maintenance.functions within this maintenance assessment district. 7. Work Scheduling Procedures: To the extent possible, it is the intent of this: Agreement that the Work be performed on a scheduled, orderly basis. Prior to the commencement of work, Contractor shall prepare a schedule showing projected work to be performed throughout the contract year, . including information such as frequency of weeding, watering, and other parks maintenance and other similar projected schedules of the work to be performed. Exhibit A Page 2 of 4 November 1, 2002 Contractor will prepare monthly work schedules and review them with the Public Works Director. These schedules will represent specific work needs identified as the result of the Contractor's recommendations and requests fi:om the Public Works Director or his/her designee. Emphasis will be placed on identifying needs tO ensure proper timing of work. The Contractor will comply with reasonable requests of the Public Works Director as to preferred locations for various types of work. Contractor will use a service request form to ensure that comPlete informati°n is obtained on work needs and requests for service. 8. Work Reporting Procedures: Contractor shall submit a Monthly Work Summary Report to the Public'Works Director on or before the 15th day of the month summarizing work completed in the previous month. These reports shall include a listing of work activities and work units completed, including any Additional or Emergency Work performed; status of current and completed' service requests. 9. Additional Contractor Responsibilities: Contractor's workers will be alert for observable maintenance deficiencies in public facilities as they travel within the project boundary in the course of their maintenance activities performing Scheduled Work, Additional Work, and Emergency Work. They will report observed maintenance deficiencies to the appropriate contract or City representative, or other appropriate agency. 10. Protection of Work a~nd Public: Contractor shall take all necessary measures to protect the work and prevent accidents during any and all phases of work. Contractor shall provide and maintain all necessary barriers, flag-men, and/or signs during maintenance procedures. Contractor. will provide at no additional cost all the advance signing and barricading and also signsl barricades, flashers, and other necessary facilities for the protection of the public within the hmits of the maintenance area while maintenance activities are proceeding. 11. Maintenance of Records: Contractor shall maintain all books, documents, papers, employee time sheets, accounting records including certified payrolls and such other evidence pertaining to costs incun'ed for a period of at least three years, and shall make these materials available at reasonable times during the contract period. Contractor shall not purge any records without the prior approval of the City. Upon termination of the 'contract, or at the City's request, all such records shall be provided to the City, including maintenance records, certified payroll records, and hard copies of any other computer records such as inventories of City facilities. 12. Equal Employment OpportuniW: Contractor is an equal opportunity employer and agrees to comply with applicable regulations governing.equal employment oppommity. 13. Prevailing W..ag..e.: Contractor shall comply with the provisions of Labor Code Section 1770 et. seq, with respect to payment of prevailing wages, maintenance of payroll records, and payment of penalties under Labor Code Section 1775. Exhibit A Page 3 of 4 November 1, 2002 14. Attorney Fees: If eitherparty brings an action against the other party arising out of or in connection with this Agreement entered into between City and Contractor, the prevailing party is entitled to have and recover from the losing party reasonable attorney fees and costs of suit. 15. Miscellaneous: A. Contractor shall inform City of private clients within the corporate boundaries or sphere of influence of the City during the term of this -Agreement. Contractor agrees not to accept other employment which is or may be in conflict with itg duties under this Agreement or which may 'adversely affect the interests of the City. B. Contractor will endeavor to secure materials from the lowest cost source reasonably available. Exhibit A Page 4 of 4 November 1, 2002 ATTACHMENT 1 OF EXHIBIT A SECTION 1 TERMS AND DEFINITIONS Section 1.01 General Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions and prerogatives of the Director~ Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity, and are intended to refer to persons of either sex. Singular words include the plural and "person" includes firms, companies and corporations. Section 1.02 Definitions Ao Acceptance - The formal written accept-ance by the City of an entire contract, which has been completed in all respects in accordance with the contract documents and any modifications thereof previously approved. Addenda - Written or graphic instruments issued prior to the time and date specified for receipt of Request for Proposals which modify or interpret the contract documents, drawings and specifications, by additions,, deletions, clarifications or corrections. Bidder - Any properly licensed and qualified individual, finn, partnership, corporation, joint venture or combination thereof, submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. D. City. - The government body of the 'City of Dublin, County of Alameda, State.of California. Eo Contract - The written agreement covering the performance of the work as more fully described in, but not limited to, the scope of work, specifications, contract bonds and addenda. Contract Administrator - The person designated by the Director who is responsible for the initial review of the Proposals.. Attachment 1 of Exhibit A Page 1 of 21 November 1, 2002 II. J0 Ko No Po Contract Administration Team - The City Staff members appointed by the Director to evaluate the Proposals submitted by properly licensed and qualified entities and negotiate a contract price for recommendation to the City Council. Contract Documents - The written agreement covering the performance of the work and the furnished of labor, materials, and contractor's equipment in the performance of the work, also referred to herein as the contract. The contract documents include, but are not hmited to, the standard Proposal submitted by the Contractor, the general, technical and special provisions, any standard plans, including all approved revisions to the plans, reference specifications, permits from other agencies as may be required by law, contract change orders, any other written supplemental agreements. Director - The Public Works Director' designated by the City to have administrative control over the work. Maintenance Superintendent - The person(s) designated by the Director to have regulatory control over the work. Owner - The City of Dublin, acting through.its appointed and duly authorized officials. Offeror - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture or combination, thereof, has the capability, in all respects, to perform the contract requirements fully and the moral and business integrity and reliability to assure good faith performance, submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. Performance Fault Standard - An evaluati'on system establishing the acceptable and unacceptable level of performance and a consistent system of notifying the contractor regarding problems, resulting from performance inconsistent with the terms of the contract agreement. Quality Control - A plan initiated by a contractor to ensure that the service is delivered satisfactorily and an acceptable level of performance is maintained. Supervisor - The Public Works Director or supervisor designated by the Director to have control over the work acting either directly or through duly authorized representatives, such agents acting within the scope of the particular duties delegated to them. 'Subcontractor - Any person undertaking part of the work of a contract under the control of a principal contractor. Attachment 1 of Exhibit A Page 2 of 21 July 1, 1993 Tabulation Summary - A written record of the Proposals received and the highlights of the Proposals, including services and methods of delivery, made for the-purpose of recording the names of all interested parties and comparing theirresponses. Working Day - Any day, recognized by the City, on which the Contractor may proceed with regular work as approved in the Work Schedule, determined. by the Maintenance Superintendent, toward the fulfillment of the Contract, unless the work is delayed by · inclement weather. Work Schedule - The approved weekly or.bi-weekly work schedule indicating when and where employees will be working. SECTION 2 SCOPE Section 2.01 Location Dougherty Assessment District Landscaping (approximately 3.63 acres) Dougherty Road frontage from 320 feet south of Amador Valley Boulevard, excluding the 7-11 retail store frontage, northerly to Fall Creek Road (City limit). This includes tuff, trees and bedding areas. Amador Valley Boulevard frontage (both north and south) from Dougherty Road westerly, excluding the 7-11 retail store frontage, to Wildwood Road. This includes tuff, trees and' bedding areas. The westerly side of Wildwood Road, including shrubs, trees and ground cover. The westerly and northerly sides of Fall Creek Road, including shrubs, trees and ground cover. The median and northerly frontage of Willow Creek Drive from Dougherty Road to Shady Creek Road. This includes turf, ground cover, trees and shrubs. The westerly side of Shady Creek Road from Crossridge Road to just north of Willow Creek Drive. This includes trees and shrubs. Stagecoach Assessment District Landscaping (approximately 5.23 acres) Stagecoach Road median, and east side frontage from Amador Valley Boul-evard to Turquoise Street (excluding Stagecoach Park frontage and DSRSD pUmp station frontage); westerly roadway frontage from Turquoise Street north to the City limit line; and easterly frontage and Attachment 1 of Exhibit A Page 3 of 21 November 1, 2002 planted slopes from. Turquoise Street north to the City limit line. This includes trees, shrUbs and ground cover. The frontage and upslope plantings on the east side of Coral Way and Agate Way. Section 2.02 Additions~ Deletions or Changes The City reserves the right to add, delete or change areas under this agreement and may do so upon giving written notice to the Contractor. If these changes cause an increase or a reduction in the maintenance costs of this agreement, the maintenance costs shall be adjusted and, when agreed upon, incorporated into this agreement. SECTION 3 TERM Section 3 Term The term of the agreement shall be for one year, beginning on November 1, 2002, and ending on October 31, 2003. The agreement may be extended for two additional periods at the City's- option, the f~rst being from November 1 to June 30, 2003 and the second being from July 1, 2003, to June 30, 2004. City may terminate the services of Contractor by providing 90 days written notice with or without cause. In the event of such termination, Contractor shall be compensated for such services up to thepoint of termination. Compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If Contractor terminates its services to the City, it must provide written notice at least 90 days in advance of such termination. Notices shall be provided as indicated in Section 12 below. SECTION 4 MAINTENANCE SPECIFICATIONS Section 4.01 Routine Landscape Maintenance Services The Contractor shall perform landscape maintenance services in the areas known as Dougherty and Stagecoach Landscape Assessment Districts and agrees to furnish all labor, services, materials, insurance, equipment, tools and other items of every kind and description required for the prompt and efficient execution of the work.described herein, and to perform the work necessary or incidental to complete annual landscape maintenance services during the period from November 1, 2002, to October 31, 2003. The work shall be performed in accordance with these Special Provisions at the mOnthly bid price submitted by'the Contractor in the Schedule of Compensation. Attachment 1 of Exhibit A Page 4 of 21 July 1, 1993 It shall be understood that the Contractor will be required to perform and complete the proposed landscape maintenance services in a thorough and professional manner that.will meet.the City of Dublin's requirements. Contractor shall be required to complete the Annual Landscape Maintenance Services contract in accordance with the Special provisions detailed below. Management Plans. 'At the commencement of the contract, the Contractor shall provide the City of Dublin with annual plans which outline in detail the proPosed scheduling and methodology to be used for maintenance of the Dougherty and Stagecoach Landscape Assessment Districts including all irrigation systems, turf, Shrubbery, flower beds, ground cover and tree plantings. The plans shall detail the following specific maintenance and operations functions: Water Management - Seasonal and daily irrigation scheduling considering water soil moisture content and water application rates versus plant demands. Any and all waier conservation measures to be employed by the Contractor. Fertilization Management - Seasonal fertilization methodology and scheduling plan detailing location, plant' demands, dates of application and fertilizer materials to be used by the Contractor for specific applications. o Chemical Management - Seasonal herbicide and pesticide methodology needs, application scheduling and rates. The Contractor shall provide a pre / post emergent methodology and' scheduling Plan to maintain desired weed control results in.l-awns and bedding areas throughout the term of the Contract. B. Irrigation 1. Timing, Adjustment and Maintenances ao Contractor shall be responsible for timing, adjustment, and minor maintenance of ail irrigation systems. Irrigation systems shall consist of the water distribution system which '.shall be considered to include, but not be limited to, controllers, control valves, piping, sprinkler heads, quick couplers, and emitters. 2. Control of Watering Schedule ao Irrigation shall provide adequate water to maintain healthy plant growth and to encourage rooting and resistance to cb:ought. bo Over-watering or flooding shall not be allowed. Over-watering shall be evidenced by the presence of continued excessive nm-off, standing water or mushy lawu~ areas found to be present during the afternoon hours, and not caused by circumstances beyond the control of the Contractor. Attachment 1 of Exhibit A Page 5 of 21 November 1, 2002 Where possible, water run-off across pavements and into gutters shall be avoided. Irrigating shall be done 'during the nighttime hours and times that do not conflict .with scheduled use of the facilities. When it is necessary to run irrigation during public hours, prior notice shall be given by the Contractor to the City of Dublin's Representative. Watering shall always be done at night if the irrigation system is electrically controlled; otherwise, Water shall be applied early in the morning. e. Irrigation shall be curtailed during periods of sustained rainy weather. City shall pay the Dublin San Ramon Services District fOr the.water bills directly and the cost is not part of this proposal contract. System Maintenance ao All valve, control and meter boxes and covers shall be in place, at proper grade and in good repair. bo All irrigation heads and emitters shall be maintained in proper working order, Correctly adjusted, and in place properly at correct grade or elevation for specific application. Co All irrigation control boxes shall be kept secured and locked with pad locks that are distinctly keyed with keys that only the Contractor, City of Dublin and City Employees legitimately hold. System Repairs Contractor shall flag and immediately notify City of Dublin of any repairs required to any irrigation system which cannot be corrected by adjustment or minor maintenanceprocedures. City of Dublin will approve Additional Work for major irrigation system repairs by the Contractor on a time and materials basis at the rates provided for in the Schedule of Compensation. Co Damage to the irrigation system by the Contractor, shall be repaired by the Contractor within 24 hours at no additional cost to the City. Contractor shall notify the City of Dublin of any such repairs. Attachment 1 of Exhibit A~ Page 6 of 21 July 1, 1993 Gm Lawns 1. Appearance Lawns shall be maintained with a healthy appearance of even, green color, even height, weed-free and closely knit texture with no bald spots or patchiness. Lawns which have been damaged, killed or fail to retain healthy growth as a result of Contractor's operations, negligence, equipment or chemical use shall be replaced at Contractor's expense within seven (7) days of Contractor becoming aware of replacement need. 2. Mowing and Edging ao The grass shall not exceed a height of 3 inches in the summer and 2 inches in the winter. Each mowing should cut no more than 1/3 of the total height before mowing. bo Mowing shall be done .at least once every seven (7)days during seasons of active growth and as needed during cool or wet weather. Mowing equipment shall be kept sharp to produce clean cut grass with no feathering. d0 Leaves shall be removed from the lawn immediately prior to each mowing. Leaves shall be removed from all areas a mirth'hum of once per week during the Fall season and once per month the rest of the year. eo Clippings shall be swept or blown off all walkways and paved surfaces. Clippings shall not be disposed of into the street or adjoirdng properties. Tree wells within lawns shall be edged at least once every three months. Edging along walkways, planting beds, and other improved areas bordering lawns shall be even and regular with no overlapping of grass over the bordering surface. Edging shall be performed by the Contractor on a minimum frequency of once every other mowing. There shall be no ponding of. water, or continuously soggy areas, on or around lawns. Attachment 1 of Exhibit A page 7 of 21 November 1, 2002 e Fertilization LaWns shall be fertilized a minimum of four (4) times per year. Application amounts and frequencies shall be based on the release rate of the fertilizer used. Correct forms of fertilizer should be used to accommodate the requirements for the appropriate mount of nitrogen for the season. The objective is to maintain healthy and vigorous lawn areas of a uniform, deep green color throughout the year. Winter feeding of lawn areas shall consist of Calcium Nitrate applied at the rate of 275 pounds per acre to counteract red thread problems and slow reaction in winter of normal fertilizer. Aeration a. Plug aeration of lawn areas shall be done a minimum of once per year. bo Aerating shall be performed in a safe manner so as not to endanger the general public. At no time shall the operation continue when any individual(s), other than the City of Dublin's Representative, is within one hundred (100) feet in any direction. Aeration shall be performed at least 8" from and no further than 10" from the perimeter boundary of the hardscape. Contractor shall be responsible for any damage to any irrigation equipment as a result of the aeration work. do The type 'of aeration may be either core or aerovator method as approved by the City of Dublin. If the core plug method is used, core plugs may remain in the turf but must be removed from any sidewalk, curb and gutter, roadway or other hardscape surface prior to the completion of. each days work. Broadleaf Weeds Lawns shall be sprayed and treated only with approved chemicals registered to control weeds, pests and diseases. bo A minimum of one (1) pre-emergent and post-emergent application shall be done annually as per manufacturer's labels in accordance with all applicable regulations, the Department of Pesticide Regulation, and the Alameda County Agricultural Department. Proposed application to lawn areas shall be approved by the City of Dublin prior to application. Attachment 1 of Exhibit A Page 8 of 21 July 1, 1993 Trees and Shrubs 1. Pruning, Trimming and Removal ao Pruning shall be performed as needed by a trained, qualified person with experience in accepted .procedures and shall be performed in accordance with the International Society ofArboriculture's - Tree Pruning Guideline. Trees overhanging walkways shall be trimmed so as to maintain a minimum ten (10) foot clearance above the walkway. Trees overhanging roadways and driveways shall be trimmed so as to. maintain a minimum sixteen (16) foot clearance above the roadway or driveway. do Tree trimming other than clearance trimming and removal of dead branches and suckers will be accomplished as Additional Work. eo Shrubs and trees shall not be clipped into balled, boxed or other sheared form, unless specified otherwise. Major branches shall not be removed or cut back severely without the approval of the City of Dublin's Representative. g. Dead branches .and foliage shall be removed from trees and shrubs. Shrubs shall be edged to keep in bounds, and top growth shall be trimmed as necessary to achieve the intent of the landscape design. Shrubs shall not be allowed to encroach onto sidewalks or other pedestrian, or vehicular areas. Shrubs shall be pruned and trimmed to fill out, thrive and maintain an aesthetic appearance. Pruning to maintain shape, vertical height or horizontal clearance shall be performed using ANSI A300 standards. j. Trees shall be kept free of suckers. k. All pruned material (and foliage) shall be removed from the site. Trees and shrubs which have been damaged, killed or fail to retain healthy growth as a result of Contractor,s operations, negligence, equipment or chemical use shall be replaced with equivalent size, same species and quality plant material, at Contractor's expense within seven (7) days of Contractor becoming aware of replacement need. Attachment 1 of Exhibit A Page 9 of 21 November 1, 2002 Fertilizing ao Trees and shrubs shall be fertilized as needed to provide a strong root system and healthy looking foliage. Fertilizers shall be well balanced with proper mounts of N, P & K for bedding plants and may be used either in 'conjunction with or separate from herbicide applicators, whichever would provide the most benefit. All materials used shall be approved in advance by the City of Dublin. Tree Protection a0 Tree wells shall be maintained around all trees. Generally a round well with a minimum 24-inch wide radius around the tree mink and all tree stakes shall be maintained. The interior of the tre6 well shall be maintained as needed to provide a neat, weed-free appearance. The Contractor shall be responsible for maintaining, repairing and replacing all tree stakes, cables, ties, braces and other tree support systems as needed. Tree stakes (ties and braces) shall be removed as soon as tree is well established to stand securely without support. Bedding Pre-Emergents and Spot Spraying Pre/post emergents to be selected by the Contractor to fit the desired requirements and results for particular areas where material is. applied. b. All material used shall be approved by the City of Dublin. Contractor shall proVide a minimum of two (2) pre-emergent applications annually, but is not limited to two if required to .maintain desired control resUlts. Contractor shall notify CitY of Dublin in advance of dates planned for application. do Contractor shall provide copies of all Manufacturer's labels and Material Safety Data Sheets to City of Dublin prior to application. e0 Contractor shall provide proper licensing and shall complete and file all required reports to satisfy City, County, State and/or Federal requirements. Attachment 1 of Exhibit A Page 10 of 21 July 1, 1993 ge Bedding Maintenance 1. Appearance ao Planting Beds shall be edged to keep in bounds, and trimmed as necessary to achieve the. intent of the landscape design. bo All groundcovers shall be trimmed 3 to 6 inches from any hardscape and 6 inches from any tree or shrub mink. Vertical shoots of groundcover shall be trimmed when it reaches a height of 6 inches over 'the rest of the groundcover. Ivy shall be trimmed' to 6 inches from ground level When it reaches a height of two (2) feet. d. All pruned material and foliage shall be removed from the site. 2. Weed Control a. Contractor shall maintain weed-free bedding areas. Weeds shall not attain a height of 2" or more in open areas or grow through established ground covers to the point where they can be seen above the ground cover. Low growing and spreading weeds shall not be wider than 3" or be allowed to remain in open areas of landscape beds regardless of width, i.e., bare dirt or bark shall be maintained weed-free in any landscape. Working Schedule To the extent possible, work will be performed on a scheduled orderly basis, agreed, upon by both City of Dublin and Contractor. In case of Additional Work beyond the scope of routine landscape maintenance services, City of Dublin will prepare work orders to ContraCtor, detailing the specific work needed, location of work and value of the assigned work. Contractor will report Additional Work completed on the assigned work orders and. return to the City of Dublin with monthly billings. Contractor shall schedule his operations to complete each wOrk order within the determined range of calendar days, as shoWn on each work order fi:om City of Dublin. Contractor shall not perform Additional Work without a written work order authorization from the City of Dublin. In the event emergency work is required, City Of Dublin shall verbally request Contractor to perform specific work. City of Dublin will follow-up verbal request with written work order after the work has been completed. Attachment 1 of Exhibit A Page 11 of 21 November !, 2002 Personnel / Clothing Landscaping crew shall be trained and competent professionals with the ability to make minor adjustments or repairs to equipment. Crew shall have an experienced crew leader with'the ability to converse with the public and represent the Contractor on a daily basis. Personnel shall be uniformed with company name or logo. Shorts are not acceptable and shirts must be worn at all times. Safety Contractor. shall exercise all applicable safety meas~ures to ensure a safe workplace and the safety of others, outside of the workplace. When working in or around a roadway, Contractor will provide sufficient advance warning and traffic control devices to provide motorists with a safe route around equipment and workplace. Contractor shall provide orange safety shirts or vests for anyone working in or adjacent to a public street. All chutes, guards, or other safety devices on mowers and edgers, weedeaters shall be in working order and used at all times. It is also advised that employees of Contractor have made available to them and exercise the use of personal safety equipment such as goggles, face 'shields, ear protection, etc. Fertilizing and chemical weed control operations shall be performed in a safe maimer and in accordance with the Manufacturer's label and the landscape industry. Traffic Control Contractor shall be required to supply the necessary equipment to provide adequate traffic ~ontrol measures during landscape maintenance operations. This shall include but not be limited to high visibility arrow boards where appropriate. The City of Dublin must approve all traffic control measures prior to the start of the Contract. Landscape maintenance operations may be conducted on one side of the street at a time and at no time may streets be closed. During all landscape maintenance operations adequate provisions shall be made by the Contractor to accommodate normal traffic flow over public streets. Means of ingress and egress shall be provided for occupants of adjacent property with convenient access to driveways, buildings, businesses or private residences. Pedestrian traffic shall be accommodated on adjacent sidewalks. Contractor shall be required to provide and maintain barriers, guards, and lights whenever and wherever necessary in order to effectively protect the public from the dangers associated with the landscape maintenance operations. Contractor shall be required to post proper notices and signage for the public regarding detours and the conditions of work currently in progress. J. Supervision Contractor must provide qualified supervision on the job site. Supervisor must be approved by City of Dublin prior to commencement of contract and any time Supervisor Attachment 1 of Exhibit A Page 12 of 21 July 1, 1993 is changed. Supervisor must'have the ability to make changes in scheduling and respond to City of Dublin complaints regarding quality, scheduling issues, etc. For items beyond the Supervisor's normal scope of authority, Contractor must respond within 24 hours. Field crews must have the ability to communicate to Contractor's office via phone or radio immediately upon notification of concern by City 0fDublin. Section 4.02 Additional Work for Landscape Maintenance Services Additional Work performed under this Contract will be performed on a scheduled, orderly basis as agreed, to by both the City 'of Dublin and the Contractor. Contractor shall not perform Additional Work without a written work order-authorized by the City of Dublin unless suer work requires action necessary to stop or contain an emergency situation. After the immediate emergency condition is stabilized, the Contractor will immediately either correct or barricade the area until permanent repairs can be made. If the emergency requires specific notification' of, or authorization of charges,' or action from a designated City official after normal business hours, the Contractor shall contact the appropriate City Representative in accordance with current City of Dublin emergency response procedures. The activities detailed below will be completed as Additional Work to be performed by the Contractor on an as needed basis and upon the written approval of the designated representative for the City of Dublin. Reimbursement for Additional Work performed by the Contractor will be in. accordance' with unit prices or time and material rates as listed in the Schedule of Compensation. Contractor shall' be required to complete Additional' Work in accOrdance with the Special Provisions detailed below. A. Irrigation Repairs Irrigation repairs will be performed as Additional Work reimbursed for on a time and materials basis at the hourly rates and markup for the cost of materials .provided by the Contractor in the'Schedule of .Compensation. All irrigation repairs except for emergency work will' be completed only after receipt by the. Contractor' of a written work order authorization from the City of Dublin. In the event emergency work is required, the City of Dublin may verbally request the Contractor to perform ·specific work to abate the emergency and a follow-up written work order will be issued by the City of Dublin after the work has been completed. Contractor shall respond immediately to a request for irrigation repairs when such repairs are necessary to properly maintain the landscaping and avoid placing plants and lawns in a stress condition. Attachment 1 of Exhibit A Page 13 of 21 November I, 2002 All materials shall be furnished by the Contractor and billed to the-City and, wherever posSible, equipment and parts shall be replaced .with the same type and brand as used in the original or better. The ContractOr shall demonstrate to the City the most competitive of a minLmum of three (3) separate suppliers which, upon City approval, shall be then utilized for the duration of the one (1) year period, Damage to the irrigation system by the Contractor shall be repaired by the Contractor immediately at no additional cost to the City. Contractor shall notify the City of Dublin 6f any such repairs. Full Tree Trimming All tree trimming shall comply, with good arboreal practice for the particular 'species of trees being trimmed and shall be consistent with the Pruning Standards as adopted by the International Society of Arboriculture, and/or "Pruning Landscape Trees" by U.C. Agricultural Extension Service #AXT-288. The Contractor shall also meet the requirements of the American National Standardk, Z133-1-1972, entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. o Tree trimming shall 'follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the City of Dublin Representative and in accordance w/th the following: Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Trim to remove.dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. Small limbs, including suckers and waterspouts, Shall be cut close to the trunk or branch from which they arise. do Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing .the size or the framework of any tree. Limbs one inch (1") in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1 ') to two Attachment 1 of Exhibit A Page 14 of 21 July 1, 1993 Tree / 1. m feet (2') from the crotch. The undercut should be at least one-third (1/3) of the diameter. Make the second cut one-inch (1") to three inches (3") further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 ½") or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City of Dublin Representative. All debris resulting from tree trimming operations shall be removed from the work site on a daily basis. Trimming of the trees shall be scheduled as Additional Work and shall be performed by the Contractor at the rates provided in the Schedule 'of Compensation. Stump Removals Contractor shall provide all equipment, labor and materials necessary for the removal of trees in accordance with the specifications herein. Contractor shall be responsible for locating all underground utilities prior to removal. The City of.Dublin shall make the final determination to remove or provide public noticing for 'removal at a later date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboriculmral profession. No wood shall be left along public right-of-way unless approved by the City of Dublin. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transpOrted and hauled to the disposal Site during the workday. Contractor shall be required to call Underground Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed io at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of 1½ feet either side of the outer circumference of the stump, or until surface roots are no longer encountered. Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal. All stumps are to be ground within 48 hours of tree removal. Attachment 1 of Exhibit A Page 15 of 21 November 1, 2002 Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2) inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition. Tree / stump removals-shall 'be performed as Additional Work and shall be performed by the Contractor at the rates provided in the Schedule of Compensation. Tree Planting Planting shall commence within two weeks after Contractor has received a list from the City of Dublin. The maintenance phase shall begin as soon as each individual tree has been planted and run for a period of ninety (90) calendar days from the date the tree is planted. The primary focus of the watering schedule shall be between the months of May through September of each year. Maintenance activities shall consist of periodic Watering depending on weather conditions, or the needs of the individual tree. Maintenance of young trees during the maintenance period shall also include, but not be limited re-conditioning the water retention basin built around the tree, staking or re-staking, and adjusting tree ties and root barriers. Planting pit shall be dug one and a half (1 ½) the width and the same depth of the root ball. Before placing the tree in the planting 'pit Contractor shall examine the root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged. Tree shall be placed in the planting pit with its original growing level '(the trunk flare) at the same height of the surrounding finish grade. In grass-covered parkways, the top of the root bail shall be level or slightly higher than the 'surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the fmished surface of the concrete. · Backfill material should be native soil. Place fertihzer tablets in the comers of the bottom of the hole. Eliminate all air pockets while backfilling the planting pit by watering the soil as it is put into the hole. Trees that are planted in parkways shall have a 4"-6" high water retention basin built around the tree capable of holding at least 10 gallons of water, tn a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin: Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice. Attachment 1 of Exhibit A Page 16 of 21 July 1, 1993 e All trees shall be staked with two wooden lodge poles and two ties per pole. Minimum size of lodge poles shall be t0-foot long, with a 1 ½-inch diameter. Tree ties shall be placed at 1/3 and 2/3 of the trunk height. Stakes'shall not p~netrate the root ball and shall be driven into the ground approximately 24"-30" below grade. The location of trees to be planted will be determined by the City of Dublin. Planting of trees shall be performed as Additional Work and shall be completed by the Contractor at the unit prices provided for in the Schedule of Compensation. Shrubs / Groundcover Planting Dead plants and those in state of decline from causes not within the control of the Contractor shall be brought to the City's attention immediately. The Contractor shall provide the City with a proposal including a written assessment of the cause of the plant's death or decline, and (if applicable) a plan for eliminating the problem with the replacements. If appropriate, the Contractor shall recommend a better-suited variety of plant for the application. The replacements will be planted within seven (7) days of apprOval of the proPosal by the City. Whenever planting new or replacement plants, a complete, slow release fertilizer shall be incorporated in the proper quantity within the planting soil in the planting hole. The location of new or replacement plants will be approved by the City of Dubtin. Planting of new or replacement shrubs / groundcover shall be performed as Additional Work and shall be completed by the Contractor at the unit prices provided for in the Schedule Of Compensation. e Plants which have been damaged, killed or fail to retain healthy groWth as a result of Contractor's operations, negligence, equipment or chemical use shall be' replaced with equivalent size,'' same species and quality of plant material, at Contractor's expense within seven (7) days of Contractor becoming aware of replacement need. In the event of disagreement regarding responsibility for losses, an independent, professional horticulturist will be hired by the City to determine the cause. Pesticides And Disease Controls Plant materials and areas shall be constantly monitored for harmful insects, rodents, diseases and infestations. To control problems, the appropriate insecticide, fungicide, or other measures shall be applied. The Contractor shall Attachment 1 of Exhibit A Page 17 of 21 November 1, 2002 utilize the least toxic chemicals or controls, which are effective for the specific application as a first course of controlling the problem. Contractor shall take care that all pesticides or other disease control materials are carefully, safely, and correctly applied by a properly licensed or certified person according to the label's recommendation and all City, County, State and Federal laws. All contaminated materials and containers shall be removed fi:om site and disposed of in accordance with the requirements of the law. Any pesticide use reports that are reqUired to be filed with the County and/or State shall be copied to the City of Dublin on a monthly basis. Contractor shall immediately notify City of Dublin of any requirement to apply chemicals for pesticides and. disease control. Application of chemicals will be performed as Additional Work, and the cost and scheduling will be negotiated between the City of Dublin and Contractor. Flowering Perennial Beds Flowering perennial beds shall be established, planted, maintained and periodically changed on a seasonal basis by the Contractor as approved by the City of Dublin. Planting Beds shall be edged to keep in bounds, and trimmed as necessary to achieve the intent of the landscape design. 3. Flowering perennials shall be cut back as appropriate for each specific variety. Flowering perennials shall be fertilized with a complete fertilizer when first establishing coverage or bloom (with high phosphorus for annuals). 5. All pruned material (and foliage) shall be removed from the site. Planting, maintenance and removal of flowering perennials will be accomplished as Additional Work,. and the cost and scheduling will be negotiated with the Contractor on a case-by-case basis Emergency Response Service Contractor shall be required to provide emergency on-call response for irrigation problems, damage as a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the Attachment 1 of Exhibit A Page 18 of 21 July 1, 1993 work to be done at each location via telephone from an authorized representative of the City of Dublin. Emergency work shall be~in within two (2) hours of the initial .telephone call, Contractor shall be. required to provide 24-hour emergency phone numbers and the names of at least three (3) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City of Dublin within 2 working days. Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the' responsible utility company. Work performed under the emergency provision of this contract shall be paid for on a time and materials basis at the rates provided by the Contractor in the Schedule of Compensation. This shall include all labor, tools, equipment, disposal fees and necessary materials. Attachment 1 of Exhibit A Page 19 of 21 November 1, 2002 · ~ Attachment t of Exhibit A Page 20 of 21 ; July 1~ 1993 '~' Attachment 1 o£Exhibit A Page 21 o£21 'November 1, 2002 17 3b EX-~BIT B PAYMENT SCI-I~DULE City shall pay Contractor a base contract not to exceed the total sum of Twenty Three Thousand Five Hundred Twenty Dollars and No cents ($23,520.00) per year for services to be performed pursuant to this Agreement for the Dougherty Assessment District, and Twenty One Thousand One Hundred Ninety-Two Dollars and No Cents ($21,192.00) for the Stagecoach AssesSment District. Except as provided in Section 1, the total annual estimated budget shall be the sum of the planned expenditure amounts listed in Attachment 1 of Exhibit B. The actual amount paid to the Contractor shall be based on the amount ofwork performed according to the costs outlined in Attachment 1 and any subsequent "Additional Work" approved by the City. Work it'ems listed in Attachment 1 shall be billed on a unit price basis or otherwise as set forth in Attachment 1. For work listed as "Time and Materials" (T & M), Contractor shall bill the City on the basis of Iisted hourly rates and for materials of actual costs to the Contractor plus 20%. Contractor shall bill Additional Work on the basis mutually agreed to by Contractor and the City at the time the work is incorPorated into the annual maintenance program. For work performed and services rendered, Contractor shall submit monthly bills to the City by the 15th day of the month following the month in which the work was performed. The Contractor shall be compensated by the City as follows: A. A monthly payment for scheduled contract plus time and materials work will be provided, with payment to be made within twenty (25) days of receipt of invoice by the city. B. For Additional Work for which nc) unit prices have been agreed upon, compensation shall be agreed upon between the Public Works Director and Contractor in writing before work is performed. For Emergency Work when prior approval is not possible and when unit prices have not been agreed upon, the City and Consultant shall ~-gree as soon as possible after the work is performed on the amount of compensation based on costs for related jobs. Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a work authorization form the City. Exhibit 'B Page 1 of 1 November 1, 2002 ( Attachment 1 to Exhibit Il. DOUGHERTY AND STAGECOACH LANDSCAPE ASSESSMENT DISTRICTS ANNUAL LANDSCAPE MAINTENANCE SERVICES SCHEDULE OF COMPENSATION SCOPE OF WORK- Contractor agrees to furnish all labor, services, materials, insurance, equipment, tools, and. other related items of every kind and description required for the prompt and efficient eXecution of the work described herein, and to perform the work necessary or incidental to complete the Annual Landscape Maintenance Services in the area known as the Dougherty ag.d Stagecoach Assessment Districts as outlined in the attached map in strict accordance with the General and Special Provisions in this Request For Bid at the bid prices submitted below. The following field inventory of major features included within the Dqugherty Assessment District is provided below for information purposes only. The City of Dublin does not guarantee the accuracy of the field inventory and does not take any responsibility whatsoever for field inventory quantities listed below. Contractors are encouraged to inspect and provide verification of the measurements provided. Dougher ,ty A.D,. Sta~ecoachA.D. A. Acres of Turf 1.24 Acres B. Acres of Bedding 2.39 Acres 4.23 Acres C. Lineal Feet of Edging 9,270 L.F. D. No. Irrigation Stations 104 Stations 69 Stations E. No. Irrigation Valves 217 Valves 75 Valves F. No. Irrigation Heads 2,913 Heads 583 Heads ROUTINE LANDSCAPE MAINTENANCE SERVICES - Contractor agrees to perform the work in accordance with the General Provisions, Special Provisions of Part I, Routine Landscape Maintenance Services and the Scope of Work included in this contract for the contract period November 1, 2002, to October 31, 2003, at the following rates: A. Monthly Rate for Dougherty A.D.: $1,960.00 per. month B. Annual Rate for Dougherty A.D.: $23,520.00 per year Attachment 1 of Exhibit B Page 1 of 3 November 1, 2002 C. Monthly Rate for Stagecoach-A.D.: ' $1,766.00 per month D. Annual Rate for Stagecoach A.D.: $21,192.00 per year ADDITIONAL WORK FOR LANDSCAPE MAINTENANCE SERVICES - Contractor agrees to perform the work in accordance with the General Provisions, Special Provisions of Part II, AdditiOnal Work for Landscape Maintenance Services and the Scope of Work included in the Bid Package for the Contract period from November 1, 2003, to October 31, 2003, at the unit price rates listed below: A. Irrigation Rates: At Time and Material Rates listed in Section IV of the Schedule of Compensation Full Tree Trimming: 1. 0"- 3" dbh per tree $24 2. 4" - 7" dbh per tree $35 3. 8" - 11" dbh per tree $60 4. 12"- 15" dbh pertree $63 5. 16"- 19" dbh per tree $70 6. 20" - 23" dbh per tree $80 7. 24" & over dbh per tree $92 or TBD C. TREE / STUMP REMOVAL 1..Complete tree and stump removal, per dbh inch $18 2. 'Tree removal only. per dbh inch $14 3. Stump removal only. per diameter inch $4 D. TREE PLANTING 1.15 gallon tree per tree $125 2. 24 inch box tree per tree $305 SHRUBS / GROUNDCOVER PLANTING 1. 1 gallon plant per plant $8.75 2. 15 gallon plant per plant $35.00 3. 1 groundcover flat per flat $34.00 PESTICIDES AND DISEASE CONTROL:-Cost and scheduling to be negotiated on a case-by-case basis. Attachment 1 to Exhibit B Page 2 of 3 November 1, 2002 G. FLOWERING PERENNIALS: Cost and scheduling to be negotiated on a case-by- case basis. H. EMERGENCY RESPONSE SERVICE: At Time and Material Rates listed in Section IV of'the Schedule of Compensation. TIME AND MATERIAL RATES - Rates to be used for Additional Work and Emergency Work not covered in Routine Landscape Maintenance Services or Unit Prices for Additional Work: A. LABOR CLASS Regular Supervisor 32.30 / Hour Crew Foreman 32.30 / Hour Irrigation Specialist 48.40 / Hour Tree Trimmer 48.40 / Hour Grotmdsperson 25.80 / Hour Landscape Laborer 25.80 / Hour B. EQUIPMENT Mower Flatbed Dump Brush Cufter Loader Tractor Loader Tractor with Attachment Spray Rig De-Thatcher C. MATERIAL AT COST PLUS Overtime 48.45 / Hour 48.45 / Hour 72.60 / Hour 72.60 / Hour 38.70 / Hour 38.70 / Hour Holiday 64.60 / Hour 96.80 / Hour 96.80 / Hour 51.60 / Hour 51.60 / Hour 20 % 13.50 / Hour 26.90 / Hour 13.50 / Hour 67.30 / Hour 87.50 / Hour 53.80 / Hour 13.50 / Hour The above time and material rates are guaranteed for work performed under this Contract for the City of Dublin from November 1, 2003, to October 31, 2003. Attachment 1 of Exhibit B Page 3 0£3 November 1, 2002 EXHIBIT C City shall not provide any equipment or materials needed in the performance of this contract. The City will pay for the irrigation water and power expenses, which will' be .billed directly to the City by the. utility providers. Bxhibit C Page 1 of 1 November 1, 2002 EXHIBIT D GENERAL PROVISIONS 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 Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement, except as provided in the Scope of ServiCes. LICENSES; PERMITS; ETC. Contractor represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor. Contractor represents and warrants to City that Contractor shall, at his sole cost and expense, keep in effect at ail times during the-term of this Agreement any licenses, permits, and approvals which are legally required for Contractor. TIME. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise fi:om or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be included in the Contractor's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of · California and Employers Liability Insurance. B. Minimum Limits of Insurance. Contractor shall maintain limits no less than: Exhibit D Page 1 of 6 November 1, 2002 Co General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. I/commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) 'The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. Co) The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and'volunteers. Any insurance or self-insurance maintained by the City,' its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Contractor's insurance shall apply separately to each insured against whom claim is made or suitis brought, except w/th respect to the 1/mits of the insurer's liability. Exhibit D Page 2 of 6 November 1, 2002 ( ( (2) Worker's Compensation and Employers Liability Coverage, The insurer shall agree to waive all rights of subrogation against the City, its. officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. (3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, except after thirty (30) days prior written notice by mail has been given to the City. Contractor shall provide City with 30 days~ prior written notice of any reductions in the dollar limits of the policy. Acceptabili.t¥ of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Fo Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and. endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. o CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express, or implied, to act on behalf of City in any capacity whatsoever as an agent, Contractor shall have no. authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment 'of any right or obligation pursuant to this Agreement shall be void and of no effect. PERSONNEL. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor' shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a.competent Exhibit D Page 3 of 6 November 1, 2002 o 10. 11. 12. practitioner of the profession in which Contractor is engaged in the geographical area. All instruments of service of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Contractor's work. HOLD .HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take responsibility for Scheduled Work, Additional Work, and Emergency Work as described in this Agreement, as such work is performed by Contractor, its employees, agents, and subcontractors in accordance with all provisions of this Agreement. Contractor shall bear all losses and damages resulting to it, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of performance or character of the work stated above, including unforeseen difficulties, accidents, occurrences, or other causes predicated on active or passive negligence of the Contractor or any subcontractor. Contractor shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and agents from and against any or all loss, liability, expenses of whatever nature, (including costs of defense), suits, and damages of every kind, nature, and description arising from the performance of the work described in the paragraph above. This paragraph shall not be construed to exempt the City, its employees, officers, directors, and agents from its own fraud, willful injury, or violation of law, whether willful or negligent. City shall indemnify, defend, and hold the Contractor, its employees, officers, officials, and agents harmless from and against any and all loss, liability, expense, claim, costs (including costs of defense), suits and damages of every kind, nature and description arising from the act or omission by the City or any- of its officers, officials, employees, and agents. By execution of this Agreement, the parties acknowledge and agree that each has read and understand the provisions hereof and that this section is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or Subcontractors from liability Under this paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms'of such fiscal assistance program. COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be Provided pursuant to this agreement, .Contractor shall comply with all applicable State and Federal Laws and regulations, including, but 'not limited to, laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. RECOURSE BY CITY Failure of Performance Exhibit D Page 4 of 6 November 1, 2002 Notice to Cure. If Contractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to his workers, subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice to commence and continue satisfactory correction of such default with diligence and promptness, then City, without prejudice to any rights or remedies, shall have the fight to any or all of the following remedies: - supply such number of workers and quantity of materials, equipment and other facilities as City deems necessary for the completion of Contractor's work, or any part thereof which Contractor has failed to complete or perform, and charge the cost thereof to Contractor, who shall be liable for the payment of same, including reasonable overhead, profit, and actual attorneys' fees incurred as a result of Contractor's failure of performance; (ii) contract with one or more additional contractors to perform .such part of Contractor's work as City shall determine will provide the most expeditious completion of the total work and charge the cost thereof to Contractor; and (iii) withhold payment of any monies due Contractor pending corrective action to the extent required by and to the satisfaction of City. tn the event of an emergency affecting the safety of persons or property, City may proceed as above without notice. Termination for Default. If Contractor fails to commence and 'satisfactorily continue correction of a default within forty-eight (48) hours after receipt by Contractor of the notice issued under Section A, then City may terminate Contractor's right to perform under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to ContractOr to complete Contractor's work without any further compensation to Contractor for sUch use. City may also furnish those materials and equipment, and/or employ such workers or contractors as City deems necessary to maintain the orderly progress of the work. In such case, Contractor shall be entitled to no further payment until the balance of Contractor's work has been completed. At that time, all of the costs incurred by City in performing Contractor's work, including a markup of fifteen percent (15%) overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Contractor. Contractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contractor Price. Exhibit D Page-5 of 6 November 1, 2002 Co Termination for Convenience. City may at any time and for any reason terminate Contractor's services and work at City's convenience. Cancellation shall be by service of written notice to Contractor's place of business. Upon. receipt of such'notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement, and shall, if requested, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City, or at the option of City, give City the right to assume those obligations directly, including all benefits to be derived therefrom. Contractor shall thereafter do only such work as may be necessary to preserve and protect the work akeady in progress and to protect material and equipment on the job site or in transit thereto. G:kEngr-contract\TruGreenkAgreement 110102 version 2.doc Exhibit D Page 6 of 6 November 1, 2002