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Home My WebLink AboutItem 4.10 Landscap Maint Dougherty CITY CLERK File # D~[Q][Q]-~[0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 6, 2008 SUBJECT: Approval of Agreement to Perform Landscape Maintenance Services in the Dougherty and Stagecoach Assessment Districts Report Prepared by: Melissa Morton, Public Works Direc::;rrr~ ATTACHMENTS: 1) 2) Resolution, together with Exhibit "A," Agreement Comparative Analysis of Proposal Results ~ /"\ AV Adopt the resolution approving a two-year agreement with r fV'- TruGreen LandCare to perform landscape maintenance services for the Dougherty Assessment District #86-1 and the Stagecoach Assessment District #83-2. RECOMMENDATION: FINANCIAL STATEMENT: Estimated Annual Contract Cost: Dougherty A.D. Stagecoach A.D. TOTAL $25,740 $23 J 84 $48,924 There is no appreciable cost difference between the new contract cost and the Fiscal Year 2007-2008 Annual Contract Cost. DESCRIPTION: On October 15,2002, the City Council approved an agreement with a private contractor to perform landscape maintenance services in the Stagecoach and Dougherty Assessment Districts. The purpose of the agreement was to enhance the appearance of the areas maintained and help reduce costs to the assessment districts. The City subsequently extended the term of the agreement with the private contractor on an annual basis, with the current extension to end June 30, 2008. It has been 6 years since the City last sought bids for this contract; thus, the decision was made to solicit new proposals in order to clarify the services required of the contractor. The new agreement will be for a COPY TO: Derek Hatzenbuhler, TruGreen LandCare Page 1 of2 ITEM NO. LJ-./D G:\CONSUL T ANTS\TruGreen\FY2008-09\agst agreement May 2008.doc (/J two-year term through Fiscal Year 2009-2010, and will allow for annual cost increases commensurate with the December Consumer Price Index rate. The City received three proposals for the project, with TruGreen LandCare submitting the lowest responsible bid (Attachment 2). Staff recommends that the City Council adopt the resolution approving a two-year agreement with TruGreen LandCare to perform landscape maintenance services for the Dougherty Assessment District #86-1 and the Stagecoach Assessment District #83-2. Page 2 of2 1'13(. RESOLUTION NO. - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH TRUGREEN LANDCARE FOR LANDSCAPE MAINTENANCE SERVICES IN THE DOUGHERTY LANDSCAPE ASSESSMENT DISTRICT AND THE STAGECOACH LANDSCAPE ASSESSMENT DISTRICT 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 1982 to fund landscape maintenance in designated areas of the District; and WHEREAS, proposals were submitted for landscape maintenance services in Dougherty Landscape Assessment District and Stagecoach Landscape Assessment District for a term of July 1, 2008, through June 30, 2010; 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 the Dougherty Assessment District and the Stagecoach Assessment District 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 two-year agreement with TruGreen LandCare, attached hereto as Exhibit "A" to the Resolution, with an effective date of July 1, 2008. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 6th day of May, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ')-t, ,",1/- 4 / tJ :5' M 0 ~ ~d~ G:\CONSULTANTS\TruGre lIT lellEIT f. d ':f jG CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRUGREEN LANDCARE THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City") and TRUGREEN LANDCARE ("Consultanf') as of July 1, 2008. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2010, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 AssiQnment of Personnel. Consultant 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 reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Consultant shall not be responsible for delays beyond Consultant's reasonable control. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Twenty- Five Thousand, Seven Hundred Forty Dollars and No Cents {$25,740.00)for the Dougherty Assessment District, and Twenty-Three Thousand, One Hundred Eighty-Four Dollars and No Cents ($23, 184.00) for the Stagecoach Assessment District, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 1 of 13 EXlIBIT A "T'"_ LL. _ r-'l___I. .L:__ 2J ~ pC~ Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Clear numerical identification, with no duplication of numbering; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 2 of 13 J-f 0-{3C, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.9 Rate Adiustments. Consultant will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City. The base for computing the adjustment shall be the Consumer Price Index for Urban Consumers for the San Francisco-Oakland Bay Area published by the U.S. Department of Labor, Bureau of Labor Statistics (Index) which is published for the year ending in December. If the Index has increased over the Index for the prior year, the rates for the following year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit B. A sample calculation is set forth below. The Public Works Director shall calculate the adjusted rate on each anniversary date of this agreement and shall provide notice to Consultant of such new rates. SAMPLE CALCULATION: (Using 1% index increase as an example) HOURLY CHARGE RATE INDEX INCREASE (Assuming 1%) 150 x .01 = 1.50 $150.00/hr 1.50/hr $151.50/hr Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed Consu~ing Services Agreement between City of Dublin and TruGreen LandCare July 1,2008 Page 3 of 13 6~20 in this section, and only under the terms and conditions set forth herein. City shall furnish power expenses, which will be billed directly to the City by the utility providers. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure 'occurrence coverage' insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the altemative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. A certificate of insurance shall state that coverage shall not be canceled except after thirty (30) days' prior written notice has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. . 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 4 of 13 G g;' ~3c, be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coveraQe. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or 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. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. A certificate of insurance shall state that coverage shall not be canceled except after thirty (30) days' prior written notice has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 5 of 13 7~3h 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 DELETED. 4.3.2 A certificate of insurance shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. 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 City reserves the right to review Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1,2008 Page 6 of 13 g 5f 3G all required insurance policies, at any time, at such location as Consultant maintains such policies in the ordinary course of business. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing 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. 4.4.5 DELETED. 4.4.6 Notice of Reduction in CoveraQe. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: . Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall defend, indemnify and hold harmless City and ~s officers, officials, employees, agents and volunteers from any and all liability, loss, damage, claims, expenses, attorneys fees and costs caused either directly or indirectly by Consultant's negligent act or omissions in the performance Services defined by this Agreement. The Consultant's indemnity obligations hereunder, if applicable, exists irrespective of whether or not a third party claimant specifically identifies Consultant in his claim; and irrespective of whether or not such claimant actually joins Consultant as a party to any litigation. The Consultant must respond within 30 days to any tender the City may make hereunder of its defense and indemnity, unless the time has been extended by the City. Failure to so respond may subject Consultant to liability for detriment caused to the City by delay. Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 7 of 13 C} ~30 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No AQent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 GoverninQ Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Deleted. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 8 of 13 J 0 ~ 30 foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement, with or without cause, upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 AssiQnment and SubcontractinQ. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 9 of 13 /J oJ ]Co determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 10 of 13 /2- ;f 30 I evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under Califomia Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Asshms. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 11 of 13 /3 ~3~ Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code 91090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code 9 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Melissa Morton, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Any written notice to City shall be sent to: Melissa Morton Director of Public Works City of Dublin Public Works 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1,2008 Page 12 of 13 ! 3 ~ 3(, Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN CONSULTAN~~ ?~ Derek Hatzenbuhle, ranch Manager TruGreen LandCare Janet Lockhart, Mayor Attest: Carolyn Parkinson, City Clerk Approved as to Form: Elizabeth Silver, City Attorney G:IASSESSMENT DISTRICTSlAD Maintenance RFQIAD Maintenance Contract TruGreen REV.doc Consulting Services Agreement between City of Dublin and TruGreen LandCare July 1, 2008 Page 13 of 1"3 14~3b EXHIBIT A SCOPE OF SERVICES The City has elected to perform its public works maintenance and related activities w~hin the City's Dougherty Assessment District and Stagecoach Assessment District by using a private Consultant. The Consultant has agreed to arrange for and supervise the performance of the work and the City has agreed to retain the Consultant for such purposes, in accordance with the terms and provisions of this Agreement. The City and Consultant agree as follows: 1. Scope of Work: The City retains Consultant 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. Consultant 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 Consultant for each activity for Calendar Year July 1, 2008, through June 30, 2010. 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. Consultant 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) fumish 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; (fj 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. Consultant 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 Consultant 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 Exhibit A Page 1 of 4 July 1,2008 /5;f~ accomplished. All Scheduled Work shall be provided according to a monthly schedule prepared by the Maintenance Superintendent and approved by the Public Works Director in advance. 3. Additional Work: City may require Consultant to provide Additional Work not described herein at rates and quantities negotiated by the City and Consultant. No Additional Work will be undertaken by Consultant without the prior written approval of the Public Works Director. The Consultant will bill the City for Additional Work in the manner as provided in Exhibit B. 4. Work Not Subiect to this AQreement: 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 Consultant 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 Consultant. This shall not restrict the Public Works Director from requesting that Consultant, as part of other duties identified in this Agreement, assist City with locating suppliers, obtaining price quotations or bids, or other assistance provided that Consultant will not be providing the materials and supplies. 5. EmerQencv 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 Suoervision: The Consultant 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) maintaining activity reports; (f) generally administering maintenance functions within this maintenance assessment district; and (g) scheduling and attending regular monthly meetings to discuss project status. 7. Work SchedulinQ 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, Consultant shall prepare a schedule showing projected work to be performed throughout the contract year, including information such as frequency of weeding, other parks maintenance and other similar projected schedules of the work to be performed. Exhibit A Page 2 of 4 July 1,2008 10 ~ 3{, Consultant 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 Consultant'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 Consultant will comply with reasonable requests of the Public Works Director as to preferred locations for various types of work. Consultant will use a service request form to ensure that complete information is obtained on work needs and requests for service. 8. Work ReoortinQ Procedures: Consultant 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 Consultant Responsibilities: Consultant's workers will be alert for observable maintenance deficiencies in public facilities, including irrigation issues, 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: Consultant shall take all necessary measures to protect the work and prevent accidents during any and all phases of work. Consultant shall provide and maintain all necessary barriers, flagmen, and/or signs during maintenance procedures. Consultant 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: Consultant 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. Consultant 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 Opportunity: Consultant is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. Exhibit A Page 3 of 4 July 1, 2008 J7~~ 13. PrevailinQ Waqe: Consultant 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. 14. Attornev 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 Consultant, the prevailing party is entitled to have and recover from the losing party reasonable attorney fees and costs of suit. 15. Miscellaneous: A. Consultant shall inform City of private clients within the corporate boundaries or sphere of influence of the City during the term of this Agreement. Consultant agrees not to accept other employment which is or may be in conflict with its duties under this Agreement or which may adversely affect the interests of the City. B. Consultant will endeavor to secure materials from the lowest cost source reasonably available. Exhibit A Page 4 of 4 July 1,2008 I g~f 2.(, 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 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. 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, firm, partnership, corporation, joint venture or combination thereof, submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. City - The government body of the City of Dublin, County of Alameda, State of California. 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. Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1,2008 Page 1 of 14 ICJ'13'c' Contract Administrator - The person designated by the Director who is responsible for the initial review of the Proposals. 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 Consultant'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 Consultant, 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 evaluation system establishing the acceptable and unacceptable level of performance and a consistent system of notifying the Consultant regarding problems, resulting from performance inconsistent with the terms of the contract agreement. Quality Control - A plan initiated by a Consultant 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 Consultant. Consutting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 2 of 14 ~o (Of 3' ".1 I 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. Working Day - Any day, recognized by the City, on which the Consultant 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 Douqhertv Assessment District Landscapinq (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 turf, ground cover, trees and shrubs. The westerly side of Shady Creek Road from Cross ridge Road to just north of Willow Creek Drive. This includes trees and shrubs. Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1,2008 Page 3 of 14 ;;?( ~. 3G Staaecoach Assessment District Landscapinq (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 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 Consultant. 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 MAINTENANCE SPECIFICATIONS Section 3.01 Routine Landscape Maintenance Services The Consultant 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 July 1,2008, to June 30, 2010. The work shall be performed in accordance with these Special Provisions at the monthly bid price submitted by the Consunant in the Schedule of Compensation. It shall be understood that the Consultant 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 within 15 days of the date scheduled for service, or the Consultant shall be required to pay for the City to complete the service in addition to a 15% mark-up. Consunant 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 Consultant 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: Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 4 of 14 de) cf 3~ ~. \ Water Management - Methodology of notification to the City of Dublin if areas appear too wet or too dry due to irrigation system. Fertilization Management - Seasonal fertilization methodology and scheduling plan detailing location, plant demands, dates of application and fertilizer materials to be used by the Consultant for specific applications. Chemical Management - Seasonal herbicide and pesticide methodology needs, application scheduling and rates. The Consultant 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. A. 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. Lawns which have been damaged, killed or fail to retain healthy growth as a result of Consultant's operations, negligence, equipment or chemical use shall be replaced at Consultant's expense within seven (7) days of Consultant becoming aware of replacement need. 2. Mowing and Edging a. The grass shall not exceed a height of 3 inches in the summer and 4 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 once every fourteen (14) days or 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. Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 5 of 14 6<3 ;:f.30 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. f. 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 Consultant on a minimum frequency of once every other mowing. 3. Fertilization a. 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 amount 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 3.5 pounds per thousand square feet 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 twice 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. Consultant shall be responsible for any damage to any irrigation equipment as a result of the aeration work. d. The type of aeration shall be the core 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. Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 6 of 14 024o;}3b 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 three (3) pre-emergent and post-emergent applications 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. B. 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 balled, 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. Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 7 of 14 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. I. Trees and shrubs which have been damaged, killed or fail to retain healthy growth as a result of Consultant's operations, negligence, equipment or chemical use shall be replaced with equivalent size, same species and quality plant material, at Consultant's expense within seven (7) days of Consultant becoming aware of replacement need. 2. Fertilizing a. Trees and shrubs shall be fertilized once a year 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 from herbicide applicators, whichever would provide the most benefit. All materials 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 trunk and all tree stakes shall be maintained. The interior of the tree well shall be maintained as needed to provide a neat, weed-free appearance. b. The Consultant 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. Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 8 of 14 !J5 ~~~ 4. Bedding Pre-Emergents and Spot Spraying a. Pre/post emergents to be selected by the Consultant 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. Consultant shall provide a minimum of two (2) pre-emergent applications annually, but is not limited to two if required to maintain desired control results. Consultant shall notify City of Dublin in advance of dates planned for application. d. Consultant shall provide copies of all Manufacturer's labels and Material Safety Data Sheets to City of Dublin prior to application. e. Consultant shall provide proper licensing and shall complete and file all required reports to satisfy City, County, State and/or Federal requirements. C. 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 trunk. 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. Consultant 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 Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 9 of 14 ()0 ~ 30 cover. In the event that weeds attain a height of 2" or more, weeds shall be removed and not sprayed. 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, Le., bare dirt or bark shall be maintained weed-free in any landscape. D. Working Schedule To the extent possible, work will be performed on a scheduled orderly basis, agreed upon by both City of Dublin and Consultant. In case of Additional Work beyond the scope of routine landscape maintenance services, City of Dublin will prepare work orders to Consultant, detailing the specific work needed, location of work and value of the assigned work. Consultant will report Additional Work completed on the assigned work orders and return to the City of Dublin with monthly billings. Consultant 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. Consultant 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 Consultant to perform specific work. City of Dublin will follow-up verbal request with written work order after the work has been completed. Consultant shall not commence scheduled work or Additional Work before 8 AM. E. Personnel! Clothing Landscaping crew shall be trained and competent professionals w~h 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 Consultant 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. F. Safety Consultant 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, Consultant will provide sufficient advance warning and traffic control devices to provide motorists with a safe route around equipment and workplace. Consultant 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 Consultant 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. Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 10 of 14 rJ'1 ~ 3~ G. Traffic Control Consultant 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 Consultant 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. Consultant 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. Consultant shall be required to post proper notices and signage for the public regarding detours and the conditions of work currently in progress. H. Supervision Consultant 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 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, Consultant must respond within 24 hours. Field crews must have the ability to communicate to Consultant's office via phone or radio immediately upon notification of concern by City of Dublin. Section 3.02 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 Consultant. Consultant 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 Consultant will immediat~ly 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 Consultant 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 Consultant 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 Consultant will be in accordance with unit prices or time and material rates as listed in the Schedule of Compensation. Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 11 of 14 JS , 3(; Consultant shall be required to complete Additional Work in accordance with the Special Provisions detailed below. A. Shrubs I Groundcover Planting 1. Dead plants and those in state of decline from causes not within the control of the Consultant shall be brought to the City's attention immediately. The Consultant 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 Consultant 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 I groundcover shall be performed as Additional Work and shall be completed by the Consultant 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 Consultant's operations, negligence, equipment or chemical use shall be replaced with equivalent size, same species and quality of plant material, at Consultant's expense within seven (7) days of Consultant 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. B. 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 Consultant shall utilize the least toxic chemicals or controls, which are effective for the specific application as a first course of controlling the problem. 2. Consultant 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. Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 12 of 14 a0 ~3b Jo ~ 2> to 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. Consultant 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 Consultant. C. Flowering Perennial Beds 1. Flowering perennial beds shall be established, planted, maintained and periodically changed on a seasonal basis by the Consultant 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 Consultant on a case-by-case basis D. Emergency Response Service 1. Consultant shall be required to provide emergency on-call response for landscaping problems, damage as a result of storms or other reasons. Emergency calls may occur at any given time. The Consultant will be provided with locations and the work to be done at each location via telephone from an authorized representative of the City of Dublin. Emergency work shall begin within two (2) hours of the initial telephone call. 2. Consultant 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 Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 July 1, 2008 Page 13 of 14 9- '2! V f ~.....;> ,l) 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. Consultant 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 Consultant 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 Consultant in the Schedule of Compensation. This shall include all labor, tools, equipment, disposal fees and necessary materials. Consulting Services Agreement between City of Dublin and TruGreen LandCare.-Exhibit A- Attachment 1 July 1,2008 Page 14 of 14 v OJ 3(, EXHIBIT B COMPENSATION SCHEDULE 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 Consultant 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), Consultant shall bill the City on the basis of listed hourly rates and for materials of actual costs to the Consultant plus 20%. Consultant shall bill Additional Work on the basis mutually agreed to by Consultant and the City at the time the work is incorporated into the annual maintenance program. For Additional Work for which no unit prices have been agreed upon, compensation shall be agreed upon between the Public Works Director and Consultant 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. Exhibit B Page 1 of 1 July 1,2008 .l3~3G ATTACHMENT 1 TO EXHIBIT B DOUGHERTY AND STAGECOACH LANDSCAPE ASSESSMENT DISTRICTS ANNUAL LANDSCAPE MAINTENANCE SERVICES A. SCOPE OF WORK - Consultant 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. Consultants are encouraged to inspect and provide verification of the measurements provided. Douqhertv A.D. Staqecoach A.D. 1. Acres of Turf 1.24 Acres 2. Acres of Bedding 2.39 Acres 4.23 Acres 3. Lineal Feet of Edging 9,270 L.F. B. ROUTINE LANDSCAPE MAINTENANCE SERVICES - Consultant agrees to perform the work in accordance with the Routine Landscape Maintenance Services and the Scope of Work included in this contract for the contract period July 1, 2008, to June 30, 2010, at the following rates: 1. Monthly Rate for Dougherty A.D.: $ 2,145.00 per month 2. Annual Rate for Dougherty A.D.: $25,740.00 per year 3. Monthly Rate for Stagecoach A.D.: $ 1,932.00 per month 4. Annual Rate for Stagecoach A.D.: $23,184.00 per year Consulting Services Agreement between City of Dublin and TruGreen LandCare..Exhibit B- Attachment 1 July 1, 2008 Page 1 of 3 C. ADDITIONAL WORK FOR LANDSCAPE MAINTENANCE SERVICES - Consultant agrees to perform the work in accordance with the Additional Work for Landscape Maintenance Services and the Scope of Work included in the Bid Package for the Contract period from July 1, 2008, to June 30, 2010, at the unit price rates listed below: ;)!-I ff' ];G ----.J , If 1. SHRUBS I GROUNDCOVER PLANTING a. 1 gallon plant per plant $ 9.25 b. 15 gallon plant per plant $47.00 c. 1 groundcover flat per flat $38.00 2. PESTICIDES AND DISEASE CONTROL: Cost and scheduling to be negotiated on a case-by-case basis. 3. FLOWERING PERENNIALS: Cost and scheduling to be negotiated on a case-by-case basis. 4. EMERGENCY RESPONSE SERVICE: At Time and Material Rates listed in Section D of the Schedule of Compensation. D. 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: 1. LABOR CLASS ReQular Overtime Holidav Supervisor $60.00/ Hour $80.00 I Hour $80.00/ Hour Crew Foreman $40.00/ Hour $55.00 / Hour $55.00/ Hour Irrigation Specialist $57.00/ Hour $85.00/ Hour $85.00/ Hour Tree Trimmer $55.00/ Hour $80.00 / Hour $80.00 / Hour Groundsperson $35.00 / Hour $50.00 / Hour $50.00/ Hour Landscape Laborer $35.00/ Hour $50.00/ Hour $50.00/ Hour Consulting Services Agreement between City of Dublin and TruGreen LandCare--Exhibit B- Attachment 1 July 1, 2008 Page 2 of 3 2. EQUIPMENT Mower $48.50/ Hour Flatbed Dump $62.00/ Hour Brush Cutter $48.50/ Hour Loader Tractor $87.00/ Hour Loader Tractor with Attachment $97.00/ Hour Spray Rig $85.00 / Hour De-Thatcher $48.50/ Hour 3. 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 July 1, 2008, to June 30, 2010. G:IASSESSMENT DISTRICTSlAD Maintenance RFQIAD Maintenance Contract TruGreen REV.doc 1081753. m ... m m .. ... m ... m m ... m m m m ... m ... ... m m .. .. m ... m m m m_ m . Consulting Services Agreement between City of Dublin and TruGreen LandCarenExhibit B- Attachment 1 July 1, 2008 Page 3 of 3 }b. O~ 2h (\ -{ Deleted: .1 ~ Ie I 51 .... I~ City of Dublin Assessment District Maintenance Contract March 4, 2008 Jensen Landscape Valley Crest Landscape Contractor TruGreen Landcare Services, Inc. Maintenance Monthly Hate tor uougherty AU $2,145.00 $4,010.00 $2,967.00 Annual Rate for Dougherty AD $25,740.00 $48,120.00 $35,604.00 Monthly Hate tor Stagecoach AU $1,932.00 $2,560.00 $2,180.00 Annual Rate tor Stagecoach AD $23,184.00 $30,720.00 $26,160.00 Additional Work for Landscape Maintenance Services 1 gallon plant $9.25 $13.00 $10.00 15 gallon plant $47.00 $135.00 $35.00 1 groundcover flat $38.00 $38.00 $40.00 Time and Material Rates Labor Class (per hour) Reaular Overtime Holidav Reaular Overtime Holiday Regular Overtime Holiday Supervisor $60.00 $80.00 $80.00 $65.00 $97.50 $130.00 $50.00 $75.00 $100.00 Crew Foreman $40.00 $55.00 $55.00 $40.00 $60.00 $80.00 $35.00 $52.00 $70.00 Irrigation Specialist $57.00 $85.00 $85.00 $55.00 $82.50 $110.00 $45.00 $67.00 $90.00 Tree Trimmer $55.00 $80.00 $80.00 $55.00 $82.50 $110.00 $45.00 $70.00 $89.00 Groundsperson $35.00 $50.00 $50.00 $35.00 $52.50 $70.00 $21.00 $35.00 $47.00 Landscape Laborer $35.00 $50.00 $50.00 $35.00 $52.50 $70.00 $35.00 $52.00 $70.00 Equipment Mower $48.50 $20.00 $20.00 Flatbed Dump $62.00 $30.00 $30.00 Brush Cutter $48.50 $20.00 $20.00 Loader Tractor $87.00 $30.00 $75.00 Loader Tractor with Attachment $97.00 $40.00 $100.00 Spray Rig $85.00 $30.00 $70.00 De-Thatcher $48.50 $20.00 $20.00 Matenal at Cost Plus 20% 15% 20% G:\ASSESSMENT DISTRICTS\AD Maintenance RFQ\Bid results w ~ ~ ~ ~ ~