HomeMy WebLinkAboutItem 4.05 TruGreen LandcareG~~~ OF Dp~lr~
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19 ~~`8Z STAFF REPORT C I T Y C L E R K
```~f;~ `~~ DUBLIN CITY COUNCIL File # ^~~~-~~
DATE: May 18, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC : Amendment to Agreement with TruGreen LandCare - Extension of Agreement
Prepared By: Erin Steffen, Administrative Analyst
EXECUTIVE SUMMARY:
The City Council will consider a one-year extension to the current agreement with TruGreen
LandCare for landscape maintenance services in the Dougherty and Stagecoach assessment
districts.
FINANCIAL IMPACT:
Funds will be budgeted in the Fiscal Year 2010-201-1 Assessment District Budget to cover
TruGreen LandCare's contracted costs.
RECOMMENDATION:
Adopt the Resolution approving the Amendment to the Agreement between the City of Dublin
and TruGreen LandCare for Landscape Maintenance Services in the Dougherty Landscape
Assessment District and the Stagecoach Landscape Assessment District.
n
ibmitte By
Public Works Manager
~`
Revie y
Assistant City Manager
Page 1 of 2 ITEM NO. `•
DESCRIPTION:
On May 6, 2008, the City Council approved a two-year Agreement with TruGreen LandCare for
Landscape Maintenance Services in the Dougherty and Stagecoach Assessment Districts
(Attachment 1). The purpose of the agreement was to enhance the appearance of the areas
maintained and to help reduce costs to the assessment districts.
The current Agreement ends June 30, 2010. Due to the recent transition of assessment district
management amongst City staff, it is proposed to extend the current agreement by one year to
June 30, 2011, which will allow for the necessary review of contract services.
Staff is recommending that the City Council adopt the proposed resolution (Attachment 2)
extending the TruGreen LandCare contract through June 30, 2011.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required
ATTACHMENTS: 1. City Council Staff Report dated May 6, 2008
2. Resolution approving Amendment to Consulting Services
Agreement between the City of Dublin and TruGreen LandCare
for Landscape Maintenance Services in the Dougherty
Landscape Assessment District and the Stagecoach
- Landscape Assessment District-
Page 2 of 2
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~~.~o~DU~~ CITY CLERK
- //~ ~ ;, File # ^~ 0^~"0~
19 ~~ 1 ~ 8Z
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~~LIFOR~~~
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 Directo~~' '+~,
~ ~_
ATTACHMENTS: 1) Resolution, together with Exhibit "A," Agreement
2) Comparative Analysis of Proposal Results
RECOMMENDATION: 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. -
FINANCIAL STATEMENT: Estimated Annual Contract Cost:
Dougherty A.D. $25,740
Sta~ecoach A.D. $23,184
TOTAL $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 of 2
G:\CONSULTANTS\TruGreen~FY2008-09\agst agreement May 2008.doc
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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 Dougheriy Assessment District
#86-1 and the Stagecoach Assessment District #83-2.
Page 2 of 2
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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 l, 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:
City Clerk
Mayor
G'\CON SULTANTS\TruGre
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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 ("Consuitant") as of July 1, 2008,
Section 1. SERViCES. Subject to the tem~s 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 specrfied therein. In the event of a confiict 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 E~ibit A, and
Consuttant 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 Consuftant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section S.
1.2 Siandard of Performance. Consuftant 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 Consuftant is engaged in the geographical area in
which Consuftant 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 Assignment 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,
Consuftant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consuftant shall devote such time to the performance af services pursuant to
this Agreement as may be reasonably necessary to meet the standard of performance
provided in Section t.i above and to satisfy Consuftant's obligations hereunder.
Consultant shall not be responsible for delays beyond ConsultanYs reasonable control.
Sectlon 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Twenty-
Five Thousand, Seven Hundred FoRy Dollars and No Cents ($25,740.00)for the Dougherty Assessment
District, and Twenty-Three Thousand, One Hundred Eighty-Four pollars and No Cents ($23,184.OQ) for the
Stagecoach Assessment District, notwithstanding any contrary intlications that may be contained in
ConsuftanYs proposal, for services to be performed and reimbursable casts incurred under this Agreement.
In the event of a conflict between this Agreement and ConsultanYs proposal, attached as Exhibit A,
regarding the amount of compensation, the Agreement shall prevail. City shall pay Consuftant for services
rendered pursuant to this Agreement at the time and in the manner set forth herein. The paymenis
specified below shall be the only payments from City to Consultant for services rendered pursuant to this
Consufting Seroices Agreement between July 1, 2008
City of Dublin and TruGreen LandCare Page 1 of 13
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Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as
specificaNy 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 Consuftant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consuftant. 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 efigible. City
therefore has no responsibiliry 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:
^ Ciear 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 seroices
hereunder, as well as a separate notice when the total number of hours of work by
Consultan~ 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 ConsultanYs signature.
2.2 Monthlv Pavment Ciiy shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 3Q days from the receipt of an invoice that complies with afl of the requirements
above to pay Consultant.
2.3 Total Pavmertt City shall pay for the services to be rendered by Consultant pursuant to
this Agreemeni. 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,
Consufting Se-vices Agreement between July 1, 2008
City of Dublin and TruGreen LandCare Page 2 of 13
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unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.4 Hourlv Fees. Fees for work performed by Consultant on an hourly basis shali 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 Pavment oi Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 P~ment uoon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shali compensate the Consuftant 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 AdjusUnents. 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. Tha base for computing the adjustment shall be the Consumer Price Index for Urban
Consumers for the San Francisco-Oaldand Bay Area published by the U.S. Department of
Labor, Bureau of Labor Statistics (Index) which is published for the year ending in
December. !f 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 tha 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 Waks
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 $150.00/hr
INDEX lNCREASE (Assuming 1%) 150 x.01 =1.50 1.50/hr
$151.50/hr
Section 3. FACILITIES AND E~UIPMENT. 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
Consufting Services Agreement beiween July 1, 2008
City of Dublin and TruGreen LandCare Page 3 of 13
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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.
SecNon 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 shail 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 Ciry. 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 shal! 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 sha(I 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 ($f ,000,000.00) per accident. In the aftemative,
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 Calrfornia 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 Ci1y. Consultant shali notify Ciry 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. Consuftant, 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,OOO.DO)
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 iimit 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 July 1, 2008
City of Dublin and TruGreen LandCare Page 4 of 13
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be limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to properry resulting from
activities contemplated under this Agreement, inc{uding the use of owned and
non•owned automobiles.
4.2.2 Minimum scope of coveraye. 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 Generaf Liabifity and Insurance Services Office
form number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shafl be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed.12/90) Code S and 9("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be inciuded in the
insurance coverage or added as an endorsement to the policy:
City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the foilowing: liability arising
out of activities performed by or on behalf of Consuitant, including the
insured's generaf supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; antl automobiles owned, leased, or used by the Consuftant.
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 Ciiy 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 shafl not affect coverage provided to CIlY and its officers,
employees, agents, and volunteers.
e. A certificate of insurance shall state that coverage shall not be canceled
except after thirry (30) days' prior written notice has been given to the City.
Consultant shall notify City within 14 days oi not"rfication from Consultant's
insurer if such coverage is suspended, voided or reduced in coverage or
in limits.
Consulting Services Agreement between July 1, 2008
Ciry of Dublin and TruGreen LandCare Page 5 of 13
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4,3 Professional Liability Insurance. Consultant, at its own cost antl 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 noi
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 thi-ty (30)
days' prior written notice by certified mail, retum 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:
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
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 reasonabte rates.
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 ConsultanYs sole cost and
expense, any extended repo~ting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
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 Reguirements.
4.4.1 Acceptabilitv 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 VerNication of coveraqe. Prior to beginning any work under this Agreement,
Consuftant shall furnish City with certificates of insurance and with originai
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance poiicy are to be signed by a person authorized
by tt~at insurer to bind coverage on its behalf. 7he City reserves the right to review
Consumng Services Agreement between July 1, 2008
City of Dublin and TruGreen LandCare Page 6 of 13
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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 shal( include ali subcontractors as insureds under its
policies or shall fumish 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. 7he 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 fuliy protected.
4.4.5 DELETED.
4.4.6 Notice of Reduction in Coveraqe. In the event that any coverage required
by this section is retluced, limited, or materially affected in any other manner,
Consuftant shall provide written notice to City at ConsultanYs earliest possible
opportunity and in no case later than five days after Consuftant 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 e~ent 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 CONSULTANTS RESPONSIBILITIES. Consultant shali
defend, indemnify and hold haRnless City and its 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 ConsultanYs 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 ident'rfies Consultani in his claim; and irrespective of whether or not
such claimant actually joins Consultant as a party to any litigation. The Consuftant 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 iiability for detriment caused to the
City by delay.
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In the event that Consuliant 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 shali
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 arty penalties and interest on such contributions, which would otherwise be the responsibility
of City.
Section 6. STATUS OF CONSULTANT.
6.1 Inde,pendent ConsultanL 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 ConsultanYs 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 Consuftant
accompiishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consuftant
and any of its empioyees, agents, and subcontractors providing seroices under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefif, 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 empfoyee 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 Aaent 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 Governing Law. The laws of the State of Califomia shall govern this Agreement.
7.2 Compliance with A~alicable Laws. Consultant and any subcontracto~s shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Deleted.
7.4 Licenses and Permfts. 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. Consuftant 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
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foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Epual Opportunitv. 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, marita! status, sex, or sexual orientation, against any
empl~yee, 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 ali applicable federal, state, and local laws,
policies, rules, and requirements related to equai opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited io 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. TERMlNATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consuftant 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 aN documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consuftant 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 paKies may amend this Agreement only by a writing signed by all the
parties.
8.4 Assipnment and Subcontracb~gg City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
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City of Qublin and TruGreen LandCare Page 9 of 13
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determination of ConsultanYs unique personal c~mpetence, experience, and specialized
personal knowledge. Moreover, a substantiai inducement to City far 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 terrnination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall
suroive the termination of this Agreement.
8.6 Options upon Breach bV Consuftant 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 ditference 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 Consuftant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Reco~ds Created as Part of ConsultanYs Performance. All reports, data, maps,
models, cha~ts, studies, suroeys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other iorm, 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 Cit}~ 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
confidentia! and will not be released to third parties without prior written consent of both
paRies.
9.2 ConsuttanYs Books and Records, Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
Consufting Services Agreement between July 1, 2008
City of Dublin and TruGreen LandCare Page 10 of 13
/~~ ~~~
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 tnspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consuitant 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 Ciiy, for a period of three (3) years after final
payment under the Agrsement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attomeys' 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 attomeys' fees in addftion 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 par~yr brings any action against the other under this
Agreemeni, the parties agree that trial of such action shall be vested exclusively in the
siate courts of Cal'rfornia in the County of Alameda or in the United States District Court
for the No~them District of Califomia.
10.3 Severabifitv. ff 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 shaU 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 tmplied Waiver of Breach. The waiver of any breach ot 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 Assiqns. The provisions of this Agreement shall inure to the benefit of
and shafl 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 Irtterest Consuttant may serve oiher clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Consufting Services Agreement between July 1, 2008
City of Dublin and TruGreen LandCare Page 11 of 13
~5 ~ ~~1
Consultant in a"conflict of interest," as that term is defined in the Political Reform Act,
codified at Califomia Government Code Section 810Q0 et seq.
Consuitant 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.
Consuftant 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 iwelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, ii this Agreement is made in violation of
Govemment Code §1090 et.seq., the entire Agreement is void and Consultant wili 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 § 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
interoiew 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
Ciiy 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 stampedlsealed 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 reporUdesign responsibility," as in the
following example.
Consufting Services Agreement between July 1, 2008
City of Dublin and TruGreen LandCare Page 12 of 13
/~ ~37
Seal and Signature of Registered Professional with
repo~/design responsibility.
10.12 Integration. This Agreement, inc{uding 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 CONSULTANT
net Lockha~, Mayor Derek Ha~enbuh er, Branch Manager
TruGreen LandCare
~ p~~
Ca.~-ot~~e. P.Sdta; '~p~~'Y Ci+~Ct~-~-k
ApQr ved as to Form:
~ ~ ~~ ~ ~~~
Eliza eth Silver,.~it~r Attorney
~~ ~
G:WSSESSMENT DISTRICTSIAD Maintenarice RFQWD Maintenarice Contract TruGreen REV.doc
Consufting Services Agreement beiween July 1, 2008
City of Dublin and TruGreen LandCare Page 13 of 13
/~~ 3~
EXHIBIT A
SCOPE OF SERVICES
The City has elected to perform its public works maintenance and related activities within the City's
Dougheriy 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 Consuftant agree as follows:
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, Fachibit A) and as otherwise specified in
this Agreement; and for Additional Work ("Additional Work") as is called for in this Agreement.
Consuftant shall perfoRn 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) compfy with all laws, ordinances, rules, regulations,
and requirements of govemmental authorities, per~aining 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; (~ perform all activities necessary and incidentaf 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 spec'rf'ically inform the Public Works Director of all Emergency Work
Exhibit A
Page 1 of 4
July I, 2008
1~~~,
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 Consuftant to provide Additional Work not described herein at
rates and quaniities negotiated by the City antl Consultant. No Additional Work will be undertaken
by Consuftant without the prior written approval of the Public Works Director. The Consultant will
bill the City tor 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 Consuitant. 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. Emeraencv 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 effect+veness. In the event Emergency Work dictates that work be
accomplished outside ihe normal working hours, such as night time, weekends and holidays,
. appropriate overtime rates shall be used. .
6. Maintenance Sunervision: 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; (fl generally administering maintenance functions within this
maintenance assessment district; and (g) scheduling and attending regular monthly meetings to
discuss project status.
Work Schedulinp 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, Consuttant
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 l, 2008
1 / V y~ ~
Consultant will prepare monthly work schedules and review them with the Public Works Director.
These schedules wili represent specific work needs identified as the result of the ConsultanYs
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 wili 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 Reportinq 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 Resaonsibitities: ConsultanYs 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.
Consuftant 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 invent~ries of City facilities.
12. Equal Employment Opportunitv: 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
~~ ~~~
13. Prevailing Wage: 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. Attomev Fees: If either party brings an action against the other party arising out oi or in
connection with this Agreement entered into between City and Consuftant, the prevailing party is
entitled to have and recover from the bsing party reasonable attomey tees and costs of suit.
15. Miscellaneous:
A. Consuftant shall inform Ciry 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 l , 2008
~l ~"~ ~~~
ATTACHMENT 1 OF EXHIBIT A
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 compieted
in all respects in accordance with the conVact documents and any modifications thereof previousfy
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, parfiership, 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 pertormance of the work as more fully described in, but not
limited to, the scope of work, specifications, contract bonds and addenda.
Consulting Seroices Agreement between July 1, 2008
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 1 of 14
SECTION 1
TERMS AND DEFINITIONS
V`P ~y~!
Contract Administrator - The person designated by the Director who is responsible for the initial review of
the Proposals.
ConUact Administration Team - The City Staff members appointed by the Director to evaluate the
Proposals submitted by properly licensed and qual'rfietl entities and negoiiate a contract price for
recommendation to the City Council.
Contract Documents - The written agreement covering the performance of the work and the furnished of
tabor, materials, and ConsuftanYs 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 Proposaf submitted by the Consultant,
the general, technicaf and speciaf 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 a{I 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 FauR Standard - An evaluation system establishing the acceptable and unacceptable level
of parformance and a consistent system of notifying the Consuftant 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 ihe control of a principal
Consultant.
Consuft+ng Services Agreement beiween July 1, 2008
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 2 of 14
a3 ~ ~~~
Tabulation Summary - A written record of the Proposals received and the highlights of the Propasals,
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 Consuttant 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
DouqherN 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 no~th 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 Crossridge Road to just north of Willow Creek Drive. This
includes trees and shrubs.
Consulting Seroices Agreement between July 1, 2008
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 3 of 14
~~~ ~)1
Staaecoach Assessment District l.andscaping (approximately 5.23 acres)
Siagecoach Aoad median, and east side frontage from Amador Valley Boulevard to Turquoise Street
(exciuding Stagecoach Park frontage and DSRSD pump station frontage); westerly roadway frontage from
Turquoise Street north to the City limit line; and easteriy 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 Corai Way and Agate Way.
Section 2.02 Additions, Deletions or Changes
The City reseroes 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 inio
this agreement.
SECTION 3
MAINTENANCE SPECIFICA710NS
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, seroices, materials, insurance,
equipment, tools and other items of every kind and description required for fhe prompt and efficient
execution of the work described herein, and to perfoRn the work necessary or incidental to complete annuai
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
Consultant 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 f 5 days of the date scheduled for service, or the Consuftant shall be required to pay for
the City to complete the service in addition to a 15% ma~k-up. Consultant shall be required to complete the
Annual Landscape Maintenance Seroices contract in accordance with the Special provisions detailed
below.
Management Plans. At the commencement of the contract, the Consultant shall provide the Ciry of Dublin
with annual plans which outline in detail the proposed scheduling and methalology 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 detai! the following
specific maintenance and operations functions:
Consufting Seroices Agreement between July 1, 2008
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 4 of 14
a~~ ~~~
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 fertiiizer materials to be usetl by the Consultant for specific
applications.
Chemical Management - Seasonal herbicide and pesticide methodology needs, application scheduling
and rates. The Consuitant shall provide a pre / post emergent methodology and scheduling pian 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, kilied or fail to retain healthy growth as a result
of ConsultanYs operations, negligence, equipment or chemical use shall be
replaced at ConsultanYs expense within seven (7) days of Consultant becoming
aware of replacement need.
2. Mowing and Edging
a. The grass shail 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 totai 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 wei
weather.
c. Mowing equipment shall be kept sharp to produce clean cut grass with no
feathering.
d. Leaves shali 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 Seroices Agreement berin+een ~u~y 1, 2ppg
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 5 of 14
ab ~ 37
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 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 ma+ntain
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 appiied 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(sj, other thart
the City of Dublin's Representative, is within one hundred (100) feet in any
direction.
c. Aeration shall be perfortned at least 8" from and no further than 10" from the
perimeter boundary of the hardscape, Consuftant 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.
Consutting Services Agreement between July 1, 2008
City oi Dublin and TruGreen LandCare-•Exhibit A- Attachment 1 Page 6 of 14
a7~ ~~
5. Broadieaf 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
Pruning, Trimming and Removal
a. Pruning shali 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 waikway.
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 shali not be
allowed to encroach onto sidewalks or other pedestrian or vehicular areas.
Consufting Services Agreement between July 1, 2008
City of Dubiin and TruGreen LandCare--Exhibit A- Attachment 1 Page 7 of 14
~ ~~
~$ "'~
~
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.
Trees shall be kept free of suckers.
k. All pruned material (and foliage) shall be removed from the site,
Trees and shrubs which have been damaged, killed or fail to retain healthy growth
as a result of ConsultanYs operations, negligence, equipment or chemical use
shall be replaced with equivalent size, same species and quality plant material, at
ConsultanPs expense within seven (7) days of Consuftant 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 shail 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 wouid 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 24inch wide radius around the tree trunk and all tree stakes shall be
maintained. The interior of the tree weli 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 July 1, 2008
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 8 of 14
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4. Bedding Pre-Emergents and Spot Spraying
a. Pre/post emergents to be selected by the Consultant io 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. Consuftant shall provide copies of all Manufacturer's labels and Materia! Safety
Data Sheets to Cit}~ of Qublin prior to application.
e. Consultant shall provide proper licensing and shall complete and file al{ required
reports to satisfy City, County, State and/or Federal requirements.
C. Bedding Maintenance
1. Appearance
a. Pianting 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 shali 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 shali 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 July 1, 2008
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 9 of 14
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cover. In fhe event that weeds attain a height of 2" or more, weeds shai{ 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, i.e,, 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 shali 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
irom the City of Dublin. In the event emergency work is required, City of Dublin shall verbally request
Consuitant 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 wfth 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 ~r
logo. Shorts are not acceptable and shirts must be wom at all times.
F. Safety
Consultant shall exercise all applicable safety measures to ensure a safe wo~kplace and the safety of
others, outside of the workplace. When worldng 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 mowe~s and edgers, weedeaters shall be in
working order and used at all times. !t 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.
Consumng Services Agreement between July 1, 2008
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 10 of 14
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G. Traffic ConVoi
Consultant shall be required to supply ihe 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 contro- 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
Consuftant must provide qual"rfied supervision on the job sfte. Supervisor must be approved by City of
Dublin prior to commencement of contract and any time Supervisor is changed. Superoisor 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 condiiion is stabilized, the Consultant 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 Consultant sha11 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.
Consufting Services Agreement between July 1, 2008
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 11 of 14
~~~~
Consultant shall be required to complete Additional Work in accordance with the Special Provisions
detailed below.
A. Shrubs / Groundcaver Planting
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 plani'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 pfants, 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
ot new or replacement shrubs / gr~undcover 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 ConsultanYs 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 horticufturist wifl be hired by the City to determine the cause.
8. Pesticides And Disease Controls
i. 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. Consuttant shall take care that al! pesiicides 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.
Consufting Services Agreement between July 1, 2008
City of Dublin and 7ruGreen LandCare--E~ibit A- Attachment 1 Page 12 of 14
~j~ ~)~
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3. All contaminated materials and containers shali be removetl 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 no6fy City of Dublin of any requirement to apply chemicals for
pesticides and disease control. Application of chemicals will be perforrned 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 Consuitant 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. Fiowering 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 wiil 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 calis may occur at
any given time. The Consuftant 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 leasi three (3) contact individuals upon award of contract. Should the contact
w~~swu~~y ~erv~ces Hgreement between Jufy t, 2008
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 13 of 14
~y~ ~37
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. Consuftant 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 shatl 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, toois, equipment, disposal fees and necessary
materials.
Consulfing Services Agreement belween ~u~y 1 200$
City of Dublin and TruGreen LandCare--Exhibit A- Attachment 1 Page 14 of 14
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EXHIBIT B
COMPENSATION SCHEDULE
Except as provided in Section 1, the total annual estimated budget shall be the sum of the planned
expenditure amounts lisied in Attachment 1 of Exhibit B. The actua~ 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 bil~ed 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 annuai maintenance program.
For Additiona! Work for which no unit prices have been agreetl 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 l, 2008
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RESOLUTION NO. XX - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
APPROVING AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF DUBLIN AND TRUGREEN LANDCARE
FOR LANDSCAPE MAINTENANCE SERVICES
IN THE DOUGHERTY LANDSCAPE ASSESSMENT DISTRICT
AND THE STAGECOACH LANDSCAPE ASSESSMENT DISTRICT
WHEREAS, on May 6, 2008, the City Council approved an Agreement with TruGreen
LandCare for Landscape Maintenance Services for the Dougherty Assessment District
and the Stagecoach Assessment District; and
WHEREAS, the term of said Agreement expires on June 30, 2010; and
WHEREAS, the CITY and TruGreen LandCare desire to extend the term of said
Agreement by one year to expire on June 30, 2011.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amendment to the Agreement with TruGreen LandCare, attached
hereto as "Exhibit A," with an effective date of July 1, 2010, and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment.
PASSED, APPROVED AND ADOPTED this 18t" day of May, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
ATTACHMENT 2
t
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d
AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF DUBLIN AND TRUGREEN LANDCARE
FOR LANDSCAPE MAINTENANCE SERVICES IN THE
DOUGHERTY LANDSCAPE ASSESSMENT DISTRICT AND THE
STAGECOACH LANDSCAPE ASSESSMENT DISTRICT
WHEREAS, on May 6, 2008, the City Council adopted Resolution 65-08,
approving a two-year agreement with TruGreen LandCare, for Landscape Maintenance
Services in the Dougherty Landscape Assessment District and the Stagecoach
Landscape Assessment District which agreement became effective July 1„ 2008
("Agreement"); and
WHEREAS, Section 8.2 allows for the term of this Agreement to be extended in
writing; and
WHEREAS, the CITY and Trugreen LandCare desire to extend the term of this
Agreement by one year, said term to expire on June 30, 2011;
NOW, THEREFORE, the Parties hereto agree as follows:
Section 1. EXTENSION OF CONTRACT. Section 1.1 of the Agreement is hereby
amended to reflect a new Term of Services, commencing on July 1, 2010,
and ending on June 30, 2011.
Section 2. TERMS OF CONTRACT. All other provisions in the existing Agreement,
including the First Amendment to the Agreement, shall remain in effect
except as specifically modified herein.
CITY OF DUBLIN
C~ty ~~far~agEr
ATTEST:
City Clerk
TRUGREENLANDCARE
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~~,~•.~ t/I~at~U.c~.er ~ ~
>
ATTEST:
~(
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Secretary
P:\CONSULTANTS\TruGreen\TruGreen contract extension amend-FTNAL.DOC 1393987.1
Exhibit A to
Attachment 2