HomeMy WebLinkAboutReso 198-02 TruGreenAD86-1&83-2 RESOLUTION NO. 198 - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH TRUGREEN LANDCARE
FOR PUBLIC WORKS MAINTENANCE SERVICES IN THE
DOUGHERTY AND STAGECOACH LANDSCAPE ASSESSMENT DISTRICTS
WHEREAS, the Dougherty Landscape Assessment District was formed in 1986 to fund landscape
maintenance in designated areas of the District; and
WHEREAS, the Stagecoach Landscape Assessment District was formed in 1983 to fund landscape
maintenance in designated areas of the District; and
WHEREAS, public hearings are held as required by Proposition 218 for the purpose of receiving
testimony from the public; and
WHEREAS, at the public hearing held in August 2002, it was proposed that steps be taken to
determine if the costs to the Dougherty and Stagecoach Assessment Districts were still competitive for
services currently being rendered by the City's maintenance contractor; and
WHEREAS, a Request for prOpOsals was distributed to nine landscape maintenance contractors; and
WHEREAS, it was determined that the Proposal received from TruGreen LandCare best met the
City's need for those services; and
WHEREAS, the City desires to enter into an agreement with TruGreen LandCare to provide landscape
maintenance in both the Dougherty and Stagecoach Assessment Districts at the rates contained in the
Proposal;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve a one-year agreement with TruGreen LandCare attached hereto as "Exhibit to the Resolution," with
an effective date of November 1, 2002.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment.
PASSED, APPROVED AND ADOPTED this 15th day of October, 2002.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None (~~~
/// ..... ~Mayor '
ATTEST:
..... 15e'puty Cit~ Clerk
G:~CC-MTGSLT.002-qtx 4\OCTal 0-15-02~reso-mads.DOC (Item 8.2)
EXHIBIT OF RESOLUTION / ~8- 02
PUBLIC WORKS MAINTENANCE 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 TmGreen LandCare,
("Contractor"), who agree as follows:
1. TERlX~_ OF AGREEMENT, ..Th~. tea.of the agreement shall be for one year, beginning
on November 1, 2002, and i~fi~'~~'~i~0'0'~i;~The agreement may be extended for two
additional periods at the Cil/~'S opti°n, the first 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 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 QUANTITY. 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 needed 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 all 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 EQUIPMENT. 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 event 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 to 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 amount
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. This 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 OF DUBLIN,
A MuniciPal COrporation
By ~~~
Attest:_
' ~ ~ity Cl~rk 'tff
TRUGREEN LANDSCARE
3~m Herbs~, Sari'es Manager
Approved as to form:
3~- -~ -/2~ity Attorney
Agreement with TruGreen LandCare
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:
1. 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
of Attachment 1 of Exhibit A includes the maximum amount 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 accordingly.
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 Staff and 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) perform 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 situati6n 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 Director in .advance.
3. Additional Work: City may require Contractor to provide Additional Work not
described herein at rates and quantities 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 Director 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
holidays, appropriate overtime 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 from 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 information 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 and 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, flagmen, and/or signs during maintenance
procedures.
Contractor will provide at no additional cost all the advance signing and barricading and
also signs, barricades, flashers, and other necessary facilities for the protection of the public
within the limits 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 incurred 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 OppormniW: COntractor is an equal opportunity employer and
agrees to comply with applicable regulations governing equal employment opportunity.
13. Prevailing Wage: 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 either party 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 its duties under this
Agriement 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 I
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
A. Acceptance - The formal written acceptance 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.
B. 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.
C. Bidder - Any properly licensed and qualified individual, firm, 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.
E. 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.
F. 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
G. 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.
H'. 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 limited 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.
I. Director - The Public Works Director designated by the City to have administrative
control over the work.
J. Maintenance Superintendent - The person(s) designated by the Director to have
regulatory control over the work.
K. Owner - The City of Dublin, acting throughits appointed and duly authorized officials.
L. 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.
M. Performance Fault Standard - An evaluation 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. ..
N. Quality Control - A plan initiated by a contractor to ensure that the service is delivered
satisfactorily and an acceptable level of performance is maintained.
O. 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.
P. 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
Q. 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 their responses.
R. 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 turf, 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 turf, 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 tm:f, 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 Boulevard 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 first 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 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.
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 i, 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.
A. 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:
1. Water Management - Seasonal and daily irrigation scheduling considering water
soil moisture content and water application rates versus plant demands. Any and
all water conservation measures to be employed by the Contractor.
2. 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.
3. 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 lawns and bedding areas throughout the term of the Contract.
B. Irrigation
1. Timing, Adjustment and Maintenances
a. Contractor shall be responsible for timing, adjustment, and minor
maintenance of all irrigation systems.
b. 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
a. Irrigation shall provide adequate water to maintain healthy plant growth
and to encourage rooting and resistance to drought.
b. Over-watering or flooding shall not be allowed. Over-watering shall be
evidenced by the presence of continued excessive run-off, standing water
or mushy lawn 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
c. Where possible, water mn-off across pavements and into gutters shall be
avoided.
d. 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 mn
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.
f. City shall pay the Dublin San Ramon Services District for the water bills
directly and the cost is not part of this proposal contract.
3. System Maintenance
[ a. All valve, control and meter boxes and covers shall be in place, at proper
grade and in good repair.
b. 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.
c. 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.
4. System Repairs
a. 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 maintenance procedures.
b. 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.
c. 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
C. Lawns
1. Appearance
a. 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.
b. 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
t a. 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.
b. Mowing shall be done at least once every seven (7) days during seasons of
active growth and as needed during cool or wet weather.
c. Mowing equipment shall be kept sharp to produce clean cut grass with no
feathering.
d. Leaves shall be removed from the lawn immediately prior to each mowing.
Leaves shall be removed from all areas a minimum of once per week
during the Fall season and once per month the rest of the year.
e. Clippings shall be swept or blown off all walkways and paved surfaces.
Clippings shall not be disposed of into the street or adjoining 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.
g. 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
3. Fertilization
a. Lawns shall be fertilized a minimum of four (4) times per year.
Application amounts and frequencies shgll 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.
b. 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.
4. Aeration
[ a. Plug aeration of lawn areas shall be done a minimum of once per year.
b. 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.
c. 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.
d. 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.
5. Broadleaf Weeds
a. Lawns shall be sprayed and treated only with approved chemicals
registered to control weeds, pests and diseases.
b. 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
D. Trees and Shrubs
1. Pruning, Trimming and Removal
a. 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 of Arboriculture's - Tree Pruning Guideline.
b. Trees overhanging walkways shall be trimmed so as to maintain a
minimum ten (10) foot clearance above the walkway.
c. Trees overhanging roadways and driveways shall be trimmed so as to
maintain a minimum sixteen (16) foot clearance above the roadway or
driveway.
d. Tree trimming other than clearance trimming and removal of dead
[ branches and suckers will be accomplished as Additional Work.
e. Shrubs and trees shall not be clipped into bailed, boxed or other sheared
form, unless specified otherwise.
f. 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.
h. 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.
i. 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.
1. 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
2. Fertilizing
a. Trees and shrubs shall be fertilized as needed to provide a strong root
system and healthy looking foliage.
b. Fertilizers shall be well balanced with proper amounts of N, P & K for
bedding plants and may be used either in conjunction with or separate
fi:om herbicide applicators, whichever would provide the most benefit. All
mater/als used shall be approved in advance by the City of Dublin.
3. Tree Protection
a. 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.
b. The Contractor shall be responsible for maintaining, repairing and
replacing all tree stakes, cables, ties, braces and other tree support systems
as needed.
c. Tree stakes (ties and braces) shall be removed as soon as tree is well
established to stand securely without support.
4. Bedding Pre-Emergents and Spot Spraying
a. 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.
c. 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.
d. Contractor shall provide copies of all Manufacturer's labels and Material
Safety Data Sheets to City of Dublin prior to application.
e. 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
E. Bedding Maintenance
1. Appearance
a. Planting Beds shall be edged to keep in bounds, and trimmed as necessary
to achieve the intent of the landscape design.
b. All groundcovers shall be trimmed 3 to 6 inches from any hardscape and 6
inches from any tree or shrub think. Vertical shoots of groundcover shall
be trimmed when it reaches a height of 6 inches over the rest of the
groundcover.
c. 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.
b. 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.
c. 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.
F. 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 from 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
G. 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.
H. Safety
Contractor shall exercise all applicable safety measures 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 devi-ces 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 manner and in accordance with the
Manufacturer's label and the landscape industry.
I. Traffic Control
Contractor shall be required to supply the necessary equipment to provide adequate traffic
control 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 of Dublin.
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 such 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
1. 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.
2. 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 1, 2002
3. 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 minimum of three (3) separate suppliers which,
upon City approval, shall be then utilized for the duration of the one (1) year
period.
4. 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 of any such repairs.
B. Full Tree Trimming
1. 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 Arboriculmre, and/or "Prtming
Landscape Trees" by U.C. Agricultural Extension Service #AXT-288. The
Contractor shall also meet the requirements of the American National Standards,
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.
2. 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 with the following:
a. 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.
b. 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.
c. Small limbs, including suckers and waterspouts, shall be cut close to the
mink or branch from which they arise.
d. 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.
3. 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
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.
4. 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.
C. Tree / Stump Removals
1. 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.
2. 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 arboricultural
profession.
3. 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.
4. 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 to 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.
5. 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.
6. 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.
D. Tree Planting
1. 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.
2. 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.
3. Tree shall be placed in the planting pit with its original growing level (the mink
flare) at the same height of the surrounding finish grade. In grass-covered
parkways, the top of the root ball 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 finished surface of the concrete.
4. Backfill material should be native soil. Place fertilizer 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.
5. 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. In 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
6. All trees shall be staked with two wooden lodge poles and two ties per pole.
Minimum size of lodge poles shall be 10-foot l°ng, with a 1 ½-inch diameter.
Tree ties shall be placed at 1/3 and 2/3 of the trunk height. Stakes shall not
pqnetrate the root ball and shall be driven into the ground approximately 24"-30"
below grade.
7. 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.
E. Shrubs / Groundcover Planting
1. 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.
2. 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.
3. The location of new or replacement plants will be approved by the City of Dublin.
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.
4. 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.
5. In the event of disagreement regarding responsibility for losses, an independent,
professional horticulturist will be hired by the City to determine the cause.
F. Pesticides And Disease Controls
1. 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.
2. 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.
3. All contaminated materials and containers shall be removed from site and disposed
of in accordance with the requirements of the law.
4. 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.
5. Contractor shall immediately notify City of Dublin of any requirement to apply
chemicals for pesticides and disease control. Application of chemicals wilI be
performed as Additional Work, and the cost and scheduling will be negotiated
between the City of Dublin and Contractor.
G. Flowering Perennial Beds
1. 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.
2. 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.
4. 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.
6. 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
H. Emergency Response Service
1. 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 begin w/thin two (2) hours of the
initial telephone call.
2. 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. .
3. 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.
4. 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
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Page 21 of 21 3b
November 1, 2002
EXHIBIT B
PAYMENTSCHEDULE
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 of work performed according to
the costs outlined in AttaChment 1 and any subsequent "Additional Work" approved by the City.
Work items 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 listed 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 no 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 agree 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 I to Exhibit B
DOUGHERTY AND STAGECOACH LANDSCAPE ASSESSMENT DISTRICTS
ANNUAL LANDSCAPE MAINTENANCE SERVICES
SCHEDULE OF COMPENSATION
I. 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 and 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 Dougherty
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.
Dougherty A.D. Stagecoach A.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
II. 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 i 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
III. 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
B. 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 per tree $63
5. 16"- 19" dbh pertree $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
E. 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
F. 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.
It. EMERGENCY RESPONSE SERVICE: At Time and Material Rates listed in
Section IV of the Schedule of Compensation.
IV. 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 Overtime Holiday
Supervisor 32.30 / Hour 48.45 / Hour 64.60 / Hour
Crew Foreman 32.30 / Hour 48.45 / Hour 64.60 / Hour
Irrigation Specialist 48.40 / Hour 72.60 / Hour 96.80 / Hour
Tree Trimmer 48.40 / Hour 72.60 / Hour 96.80 / Hour
Groundsperson 25.80 / Hour 38.70 / Hour 51.60 / Hour
Landscape Laborer 25.80 / Hour 38.70 / Hour 51.60 / Hour
B. EQUIPMENT
Mower 13.50 / Hour
Flatbed Dump 26.90 / Hour
Brush Cutter 13.50 /Hour
Loader Tractor 67.30 / Hour
Loader Tractor with Attachment 87.50 / Hour
Spray Rig 53.80 / Hour
De-Thatcher 13.50 / Hour
C. MATERIAL AT COST PLUS 20 %
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 of 3
November 1, 2002
EXItlBIT 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.
Exhibit C
Page 1 of 1
November 1, 2002
EXHIBIT D
GENERAL PROVISIONS
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 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.
2. 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 all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Contractor.
3. 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.
4. 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
from 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:
(1) 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
O001).
(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
(1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If 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.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City.
D. 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.
(b) 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 Contractorts 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.
(d) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits 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.
E. Acceptabili _ty of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VIII.
F. Verification of Coverage. Contractor shall fumish 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.
G. The Pdsk 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.
5. 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.
6. 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.
7. 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.
8. 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
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.
9. 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.
10. 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.
"i 1. 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.
12. RECOURSE BY CITY
Failure of Performance
Exhibit D
Page 4 of 6
November 1, 2002
A. 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
defauk with diligence and promptness, then City, without prejudice to any rights or
remedies, shall have the right to any or all of the following remedies:
(i) 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.
In the event of an emergency affecting the safety of persons or property, City may proceed
as above without notice.
B. 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
C. 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
already 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