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Home My WebLink About4.08 Landscape Maint AD CITY CLERK File # D~[Q]~-~1Ql . AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 21.,2005 SUBJECT: Approval of Amendment to Agreement with TmGreen LandCare for Assessment District Landscaping Maintenance Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: Resolution and Proposed Amendment Letter from TmGreen LandCare dated May 3, 2005 February 2005 Consumer Price Index (CPr) for San Francisco-Oakland-San Jose Original Agreement dated November I, 2002, and Amendments of October 21, 2003, and July 20,2004 RECOMMENDATION: ~ ~doPt resolution approving the amendment to the agreement FINANCIAL STATEM~: Per Section 2 of the Agreement, TruGreen LandCare is proposing a rate increase of 1.6% for Fiscal Year 2005-2006. This percentage is based on the CPI for All Urban Consumers of the San Francisco Bay Area Counties for the year ending February 2005. 1) 2) 3) 4) . Stagecoach A.D: Monthly Annually Current Rates $ 1,793.00 $ 21,516.00 $ 1,991.00 $ 23,892.00 Proposed Rates 7/1/05 - 6/30/06 $ 1,821.69 $ 21,860.25 $ 2,022.86 $ 24,274.27 Dougherty A.D: Monthly Annually DESCRIPTION: On October 15, 2002, the City Council approved an agreement with TmGreen LandCare to perform landscape maintenance services in the Stagecoach and Dougherty ÅBsessment Districts. The purpose of the agreement was to enhance the appearance of the areas maintained and help reduce costs to the assessment districts. The term of the agreement was for one year, expiring on October 31, 2003, and was subsequently extended to June 30, 2004, in order to coincide with the City's 2003-2004 Fiscal Year end. This Agreement was further amended to extend the term until June 30, 2004, rates were increased by 0.2%, Section 2 of the Agreement (Attachment 2) stipulates that compensation for this Agreement 4IÞ~._----------~-~-----------_._..._----------~------------..-... COPIES TO: David Murphy, TruGreen LandCare ~ I .d. ¡ ,1'1-. a- ITEM NO. ~ G:ltngr-<ontraOtltrugr_lagstamondmt 05-06.doc - V is allowed to increase only by the CPI for All Urban Consumers for the San Francisco Bay Area Counties. The amendment further clarified that the annual rate of increase would be based on the February CPI. At this time, TruGreen LandCare desires to extend the agreement until June 30, 2006, with a requested 1.6% increase in compensation as allowed per Section 2 of the Agreement. This increase is based on the CPI for All Urban Consumers for the San Francisco Bay Area Counties as of the end of February 2005 (Attachment 3). The work performed by TruGreen LandCare to date has been satisfactory, professional and competitive. Staff recommends that the City Council adopt the resolution approving the amendment to the agreement. :II'!'" Page 2 ao~ . . e 10å~ RESOLUTION NO. ·05 e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT TO AGREEMENT FOR ASSESSMENT DISTRICT LANDSCAPING MAINTENANCE SERVICES WITH TRUGREEN LANDCARE WHEREAS, the City Council of the City of Dublin approved an agreement with TmGreen LandCare on November 1, 2002, for landscaping maintenance services in the Stagecoach and Dougherty Assessment Districts (83-2 and 86-1 respectively); and WHEREAS, an amendment to the Agreement was approved by the City Council on October 21, 2003, which, pursuant to Section 2 of the Agreement, extended the term of the Agreement to June 30, 2004, and allowed for a 1.4% increase in rates; and WHEREAS, an amendment to the Agreement was approved by the City Council on July 20, 2004, which extended the term of the Agreement to June 30, 2005, allowed for a 0.2% increase in rates, and modified Section 2 of the Agreement; and WHEREAS, the City and TruGreen LandCare desire to extend the term of the agreement until June 30, 2006; and e WHEREAS, Section 2 of the Agreement allows for a 1.6% increase in the rates for this contract term; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (extension of term and rate adjustment) with TruGreen LandCare, attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 21st day ofJune, 2005. AYES: NOES: ABSENT: ABSTAIN: Mayor . ATTEST: City Clerk Cø -~ I - D '5 '4-. '8 ATTAumNT I. 2. Ob~tR EXHIBIT "A" OF RESOLUTION _-05 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND TRUGREEN LANDCARE FOR ASSESSMENT DISTRICT LANDSCAPING MAINTENANCE SERVICES e WHEREAS, the City of Dublin (hereinafter referred to as "Cl1Y"). and TruGreen LandCare (hereinafter referred to as "CONTRACTOR"), entered into a I-year agreement on November 1,2002, terminating October 31, 2003, to provide landscaping maintenance services in the Stagecoach and Dougherty Assessment Districts; and WHEREAS, pUíSuant to Section 2 of the Agreement, the term was extended until June 30, 2005: and WHEREAS, CONTRACTOR and the Cl1Y wish to extend the term of said agreement for an additional one-year period, terminating on June 30, 2006; NOW, THEREFORE, the parties hereto agree as follóws; Extension of Tenn The tenn of the agreement shall be extended from July 1, 2005, to June 30, 2006. AdillStmeJlt of Rates Per Section 2 of the Agreement, the rates for the contract tenn shall be increased by 1,6%, which is the percent of annual increase for the year ending February 2005 as stated in the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area Counties. The rates shall therefore be as follows; $21,860.28 ... per year (or $1,821.69 per month) for the Stagecoach Assessment District, and $24,274.27 per year (or $2,022.86 .. per month) for the Dougherty Assessment District. Section 2 of the Agreement is modified to read as follows; "2. ADJUSTMENT TO CONTRACT PRICES AND WORK QUANTITY. In the event of extension of the Agreement, Contractor and the City will enter into discussions regarding needed changes in the Schedule of Work, which will set forth a Work Plan in tenns of types and quantities of work to be perfonncd. Upon written approval of both parties, the Agreement shall be extended for an additional one-year period, beginning July 1, 2006, and ending June 30, 2007. The Contractor compensation for the extended tenn shall increase by the percent of annna1 increase in the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area Counties, dated Febnmry 2006." Cl1Y OF DUBLIN Mayor ATTEST: TRUGREEN LANDCARE City C1erk bCh7/? .....0 . Date: ·mlT Â- T:O &1te...$'O(Ub'OÆ G,\ÇONSU~T ANTSITTuGrwnlarnendment 05.Q6,doc . e . TRUGREEN Landcare' Tuesday, May 03, 2005 Michelle arown City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Asllessment District Landscaping Maintenance A¡reement Dear Michelle, 3"ÔY¡' TrnG""..... J;aDdÛ&l"\'o L.L.O. 064 Bsrpenttrw LIme PleMaIlton GA 94,,66 0Ifi<:e; g~9S F"",,; 92,>4132-2881 It is the intent ofTmGreen Landcare to extend the term of our agreement with the City of Dublin for the period of July lit 2005 through June 30<1> 2006. Please refer to the updated pricing below. Current monthly rate for Stagecoach A.D.: Current annual ntte for Stagccoltch AD.: Adjusted r;nont!ùy nrte for Stagecoach AD.: Adjusted annual rate for Stagecoach A.D.: $1,793.00 $21,516.00 $1,821.69 $21,860.28 Current monthly rate for Dougherty A.D.: Current BD!I1Ial rnte for Dougherty A.D.: $1,991-00 $~,408.00 $2,022.86 $24,274.27 Adjusted montbJy rate fur Doughorty A.D.: Adjusted annual rate for Dougherty AD.: If you have any questions, please feel ftee to contact me at (925) 462-2193. Sincerely, - \--=:>~ David Mu;;hy ,-, V -, AffAcnT ~ 4zt If(¿> TRUGREEN LandCareSM THE CITY OF DUBLIN CALU!'ORNIA · LANDSCAPE MANAGEMENT ANNUAL SCHEDULE TURF MANAGEMENT JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOY DEC TTL Mowing · · · · · · · · · · · · 44 EdQina · · · · · · · · · · · · 22 Eltring Trirt1ming · · · · · · · · · · · · 22 Fertilize · · · · · 5 Post Ert1eraent Herb · 1 Elweep 1 Blow Walks · · · · · · · · · · · · 44 PLANT BED MAINTENANCE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOY DEC TTL Police I Hand Weed · · · · · · · · · · · · 52 Elprav Weeds · · · · · · · · 8 Pre Emergent Herb · · 2 Trirt1 Groundcover · · · · · . 5 Fertilize Groundcover · · 2 Fertilize Shrubs · · 2 Prunina kò required for correct growth and deveiopment Leaf Control · · · 3 · ElPECIAL ElERVICES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NQY DEC TTL Irrigation onloff -- on --- off Budget Planning · 1 Insect I Disease Monitor · · · · · · · · · · · · 12 . Actual frequencil8 may vary based on weather and site related conditions, See specifications for details, · 6" t!b 4-/.11 '" è:' c: '" 'ãj ê :5 '" 0..., ~õ .d ,1! 8g ~ "'... :;~o> -g .~ !! '" c: E ~ 9~g c: EN ~!~ ~ 0<110> W "Eo o Q)'I""" > J! i:? ~ < ~ c .. "'9'!" ~ ~ x Q) i6¡fi Õ g~~ 16 £j ~ (/) ., ., ~~¡ :::i ¡¡ '" C .S!lj Z j F:ó < me ~æ~ U) w; ~~~ ~:g~'~ :d~ Õ~~lJ i50'!; U ,.._0 ~ -§.¡;J ü: ¡if (/) j ~qõ2ifi§ ~Æõ~iJ!::g ~ 0 I.I....J... 1'0"': (/) JI. O"l"" W ..Jeif' ¡;;c;¡ X <::I "1110; w 0> ~]¡~ C :!: - _ Z '" -C!i ~JJo w :8 ¡:: ':: U ¡¡ '5 '" _ '" c ~ c::: ~ 1:: E .. a. 11) Q) .... '5 E ì; c::: ,.,§Z. w -8 "O;:! :¡¡¡ Q) ctI.,..... ::) £i50>(/) ,,---0; Z o~- "í:¡¡ 0 PiU ëm~ -;1,;;0; :sS.c 0: ,~ ~~~ "'''' - ~r-"I;"" g!0>0 tØ ~;; . '^... ~ .~... .!J "E"'c !'í!'í "_ -!Ii 1;::g !=8?';¡ L01C!11Ö1('Q1't"'" d "'"" d ci 0 ;... I"!",,, I d ... '" = so: .", 0: .os< ~ :i!&:¡;¡ I '~C"I, ~ 0: !:!.JI1 I!!Ü .é!!! .:¡ 1:: s.E ?';¡ !5 ~ m.¡¡¡ ~c.>-~ ~. ., gO'!; ¡ o¡¡¡ Ü ." Iã ~ .. E &I .. 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"0 "-N .", ~o "0 "'N 1t,I~~Q) gj~~¡i .,...to-.:-"~ '" II! .g '" ~ g § .g ""N 0;;1; "0 ON " '" ¡¡¡ !1 ,¡,..,; ~~ E", -;;... ,,-¡¡; O:i:1 ~~ ~ ." §; 0 N.æ t$! &.g ~;;g g] Q) "I"'"' C'\ ~ 'ª ~ ~~ § ~.~ ¡¡¡~ >i 2 ¡g -g :;o¡ '" - . "," g¡, R ø'! e~ < w"i 0 ~ j È '5 ~ &ffi ¿:E ¡:" ATTAUUT .3. "I"""QI()O o:ic:r;~~ ~~S?i:a NC".I't"'",...CCI.r.INOO cô¡"':O"':'òcôr.-}irl¡": c.o~c)coO';lom_...... .....1.t).....1t,I.....~.....'''''''!''''" .ée!; ~~ .gg "-N :8 ¡ ~ 16 : c: :....... : e =;:: :9 ' !.i!, : CI) .- :....:.m :;c , ! 8 ! 8.... Q) . ~ . : 't"'" 'I!"""' CI'J ; ~ ¡ ¡ II ¡ II ~ ~§'æ~ j~ ~~? .... 't:"" J., 't"'" . C) : 0) 011 - II Æ II i....lI='f"""L') ~¡¡; 1Hi; ¡ 0 « 0 ¡¡¡ u CI) ¡:;:; en : W I Q) I ........:("!"""....o....c... 00- -rn-"'-(I) ~ .9 ~ ~ ~ ~ ~ ..., 0: '. "§ <1 ¡ ~ .~ "0 '~ 'Ji i !~ ! .-i.","¡ . ~ ~~ g¡¡;¡!!!¡¡; E", d"" u.:::.~:!:: 0: ",- '" " '" '" ~ ~ ~ ~ ¡¡¡ ¡:; « o ~ ~ o ~ · lÞ"b 4lÞ EXHIBIT OF RESOLUTION ~- 02 PUBLIC WORKS MAlNTENANCE SERVICES AGREEMENT . TInSAGREEMENT is made at Dublin, California, as of November 1, 2002, by and between the CITY OF DUBLIN, a Municipal Corporation ("City"), and TruGreen LandCare, ("Contractor"), who agree as follows: 1. mM OF AGREEMENT. The term of the agreement shall be for one year, beginning on November 1, 2002, and ending on October 31,2003. The agreement maybe extended for two additional periods at the City's option, the first being ftom November 1 to June 30. 2003, and the second being from July 1, 2003, to June 30, 2004. City maY tC1'tninate the services of Contractor by providing 90 days written notice with or without cause. In the event of such termination, Contractor shall be compensated for such services up to the point oftennination. Compensation for work in progress shall be prorated as to the percentage ofptogress completed at the date of termination. If Contractor terminates its services to the City, it must provide written notice at least 90 days in advance of such termination. Notices shall be provided as indicated in Section 12 below, . 2. ADJUSTMENT TO CONTRACT PRlCES AND WORK OUANTITY. In the event of extension of the Agreement, no later than August 1, 2003, for the first extension, March 1, 2004, for the second extension, Contractor and the City will enter into discussions regarding needed changes in the Schedule of Work, which will set forth a Work Plan in tenns of types and,quantities of work to be performed. Upon written approval of both parties, the Agreement shall be extended for the periods listed . in Paragraph 1 effective November 1, 2003, and JUly 1, 2004, respectively, as provided above. The Contractor compensation shall increase by the percent of annual increase.in the latest available Consumer Price Index for all urban consumers for the San Francisco Bay Area Counties, pro-rated to the number of months in the preceding Contract extension, except for approved changes in the Schedule of Work.. 3. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A, Contractor shall provide said services at the time, place, and in the manner specified in ExJribit A. 4. PAYMENT. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in ExJribit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all billings for said services to City in the manner specified in Exhibit B; or, ifno manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses. for billing clients similar to City. 5. FACILITIES AND EQUIPMENT, Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services purSWlIlt to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 6. GENERAL PROVISIONS. The general provision¡;¡ set forth iD Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or Agreement with TruGreen LaudCare November 1, Z002 Page 1 . ATTAUmNT ~ f'bY-(.I . conwtions o:~s Agreement, the other t= or condition shall control insofar as it is inconsistent with the general proV1Sl0ns. . 7. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 8. SUBCONTRACTING. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Contractor's proposal. 9. CHANGES. City may ITom time to time require changes in the scope of the services by Contractor to be perfonned under this Agreement. Such changes, indudffig any change in the amount of Contractor's compensation which are. mutually agreed upon by City and Contractor, shall be effective as amendments to this Agreement only when in writing. 10. RESPONSIBLE CHARGE; Contractor shall assign a project m8nager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. 11. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Admir:ristrator or his designee. . 12. NOTICES. Any written notice to Contractor shall be sent via Registered Mail to: Jim H~st, Sales Manager TruGrecn LandCare 1064 Serpentine Lane Pleasanton, CA 94566 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer 100 Civic Plaza Dublin, CA 94568 (signatures next page) . Agreement with TruGreen Novembl'r 1, 2002 Page 2 Executed as of the day first above stated: Attest: Approved as to form: ·u~ ~ttomeY Agreement with TruGreen LandCare November 1, 2002 Page 3 CITY OF DuBLIN, A Municipal Corporation By TRUGREEN LANDSCARE By ~ fim Herbst,S es M~n>lger . <þ Ub 41P · · · · · · qro '+ ¡, EXHIBIT A SCOPE OF SERVICES AND SCHEDULE The City has elected to perfonn its public works msintenance and rl:lJated activities within the CitY's Dougherty Assessment District by using a private Contractor. The Contractor has agreed to arrange found supervise the performance of the work and the City has agreed to retain the Contractor for such purposes, in accordance with the terms and provisions of this Agreement. The City and Contractor agree as follows: 1. Scone of Work: The City retains Contractor to perform, supervise and manage the performance of the work described in the Scope of Work (Attacbment 1, Exhibit A) and as otherwise specified in tlùs Agreement; and for Additional Work ("Additional Work") as Ì!! called for in this Agreement. Contractor shall perform the types of work listed in Sections I through 4 of Attachment I ofExhlbit 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 Attacllment 1 of Exhibit A includes the maximum amount the City will pay to Contractor for each activity for Calendar Year November 1,2002, through October 31,2003. Notwithstanding the foregoing, the City may at any time revise the Schedule of Work identified in Attachment 1 of Exhibit A for budgeting or other reasons as deemed necessary by the City and the estimated annual expenditure for the cóntract year shall be revised accordingly. Contractor specifically agrees to: (a) undertake the direct responsibility for the performance of the work in accordance with this Agreement; (b) provide directly, or through subcontractors, or as otherwise permitted by this AglÚment all labor, materials, and supervision necessary for the proper performance of the work in accordance with this Agreement; (c) furnish an area manager to provide the necessary liaison with the City Staff and the required coordination of workmen and materials in the performance of the work; (d) comply with all Jaws, ordinances, rules, regulations, and requirements of governmental authorities, pertaining to the perfomumce of the work; ( e) perform the work, contract for its performance and supervise its performance in a good and workmanlike manner and in the most expeditious, cost effective manner consistent with first-class quality; (f) perform all activities necessary and incidental to the orderly performance of the work. 2. Scheduled Work: All of the work set fqrth in Attacbment 1 of Exhibit A is considered Scheduled Work, except as provided under Extra Work. Contractor shall perform no work in addition to Scheduled Work, unless: (a) Additional Wark is approved in advance by the Public Works Director; or (b) an emergency situation exists. An emergency situation is one which OCC1l!S under circumstallces making it either impossible or impractical to obtain City approval before proceeding with the work. In such cases, the Contractor will proceed with the work to the extent necessary to relieve said d=ger and shall specifically inform the Public Works Director of all Emergency Work accomplished. All Scheduled Work shall be provided according Exhibit A Page 1 of4 November 1, 2002 10 ðb 1{1I to a monthly schedule prepared by the Maintenance Superintendent and approved by the Public Works Director in ¡ulvance. . 3. Additional Work: City may require Contractor to provide Additional Work not described herem at rates arid quantities negotiated by the City and Consultant. No Additional Work will be undertaken by Contractor without the prior mitten approval of the Public Works Director. The Contractor will bill the City for Additional Work in the mann~ as provided in ExhibitB. 4. Work Not Subîect to this Agreement: Tbe Public Works DU'ector at his discretion may recommend that projects of a large scope be approved by the City Council for competitive bid and completed under a separate Agreement. This shall be the recommendation on all "public projects" where State or other laws require that it be contracted for and let to the lowest responsible bidder after notice. Nothing in this Section shall preclude the Contractor ftom participating intbis bid process for said projects. City, in accordance with local ordinances and State laws, may directly purchase materials or supplies to be used by Contractor. This shall not restrict the Public Works Directorftom requesting that Contractor, as part of other duties identified in this Agreement, assist City with locating suppliers, obtaining price quotations or bids, or other assistance provided that Contractor will not be providing the materials and supplies. 5. Emeri1:encv Work: Emergency callout procedures will be maintained to provide . for emergency response on nights, weekends, and holidays. The procedures will be reviewed and updated periodically to ensure their effectiveness. In the event Emergency Work dictates that work be accomplished outside the normal working hours, such as night time, weekends and holidays, appropriate overtime rates shall be used. 6. Maintenance Supervision: The Contractor shall furnish an area manager to aSsume full responsibility for day-to-day maintenance operations, ensuring that resources required to successfully complete the project are applied in a timely manner. In addition to providing the necessary liaison with the City, the area manager is responsible for: (a) making recommendations to the Public Works Director of work that should be performed but which is not set forth in the Schedule of Work; (b) identifying work programs; (c) scheduling; (d) assisting and supervising work crews; (e) responding to citizen calls; (f) maintaining activity reports; and (g) generally administering maintenance functions within this maintenance assessment district. . 7. Work Scheduling Procedures: To the extent possible, it is the intent of this Agreement that the Work be performed on a scheduled, orderly basis. Prior to the commencement of work, Contractor shall prepare a schedule showing projected work to be performed ~ughout the contract year, including information such as frequency of weeding, watering, and other parks maintenance and other similar projected schedules of the work to be performed. . Exhibit A Page 2 of4 November 1, 2002 · · · 1\ 1b 4fIÞ Contractor will prepare monthly work schedules and review them with the Public. Works Director. These schedules will represent specific work needs identified as the result of1:he Contractor's recommendations and requests from the Public Works Director or his/her designee. Emphasis will be placed on identifying needs to ensure proper timing of work. The Contractor will comply with reasonable requests of the Public Works Director as to preferred locations for various types of work. c Contractor will use a service request form to ensure that complete information is obtained on work needs and requests for service. S. Work Revorting Procedures: Contractor shall submit a Monthly Work S"UIlUIlIIry 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 UDits completed, mclud:ing any Additional or Emergency Work performed; status of current and completed service requests, 9. Additional Contractor Resoonsibilities: Contractor's workers will be alert for observable maintenance deficiencies in public facilities as they travel within the proj ect boundary in the course of their maintenance activities performing Scheduled Work, Additional Work, and Emergency Work. They will report observed maintenance deficiencies to the appropriate contract or City representative, or other appropriate agency. 10. Protection of Work and Public: Contractor shall take all necessary measures to protect the work and prevent accidents during any and all phases of work. Contractor shall provide and maintain all necessary barriers, flagmen, and/or signs during maintenance procedures. Contractor will provide at no additional cost all the advance signing and barricading and also signs, barricades, flashers, and other necessary facilities for the protection of the public within the limits of the maintenance area while maintenance activities are proceeding. 11. Maintenance ofReoords: Contractor shall maintain all books, documents, papers, employee time sheets, accounting records including certified payrolls and such other evidence pertaining to costs incurred for a period of at least three years, and shall make these materials available at reasolUlble times during the contract period. Contractor shall not purge any records without the prior approval of the City. Upon termination of the contract, or at the City's request, all such records shall be provided to the City, including maintenance records, certified payroll records, and hard copies of any other computer records such as inventories of City facilities. 12. Equal EmploYment Owortun1tv: Contractor is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. 13. Prevailin!1: Wage: Contractor shall comply with the provisions of Labor Code Section 1770 et. seq., with respect to payment of prevailing wages, maintenance of payroll records, and payment of penalties under Labor Code Section 1775. Exhibit A Page 3 of4 November 1, 2002 ·1:2'b ~i.J 14. AttorncvFe.es: If either party brings an action against the other party arising out . of or in connection with this Agreement entered into between City and Contractor, the prcvailiÌ1g party is entitled to have and recover from the losing party reasonable attorney fees and COsts of suit. 15. Miscellatleous: A. Contractor shall inform City of private clients within the corporate boundaries or sphere. ofin.f1uence of the City during the term oftlrls Agreement. Contractor agrees not to accept other employment which is or may be in conflict with its duties under tlrls AgrOOment or wlùch may adversely a.fThct the interests of the City. B. Contractor will endeavor to secure materials from the lowest cost source reasonably available. \ e e ExlrlbitA Page 4 of4 November 1,2002 · · · /3 Db 4'1&> ATTACHMENT 1 OF EXHIBIT A SEGnON 1 TERMS AND DEFINITIONS I 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 ofilke 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 intend.ed to refer to persons of either sex. Singular words include the plural and "person" includes firms, companies and corporations. Section 1. 02 Definitions A. Acceptance - Tbe formal written acceptance by the City of an entire contract, which has been completed in all respects in accordance with the contract documents and any modifications thereof previously approved. B. Addenda - Written or graphic instruments issued prior to the time and date specified for receipt of Request for Proposals which JIlodify or interpret the contract documents, drawings and specifications, by additions, deletions, c1arifications or corrections. C. Bidder ~ Any properly licensed and qualified individua)., firm, partnership, cotporation, joint venture or combination thereof, submitting a Proposal for the work contomplated, acting directly or through a duly authorized representative. D. City - The govenunent body of the City of Dublin, County of Alameda, State of California. E. Contract - The written agreement covering the perfonnance of t1æ work as more fully described in, but Dot limited to, the scope of work, specifications, contract bonds and addenda. . F. Contract Administrator - The person designated by the Director who is responsible for the initial review of the Proposals. Attachment 1 of Exhibit A Page 1 of21 November 1,2002 1% t..t/,¡¡o . G. Contract Administration Team - The City Staff members appointed by the Director to . evaluate the Proposals submitted by properly licensed and qualified entities and negotiate a . contract price for recommendation to the City Council. . H. Contract Documents - The, written agreement covering the performance of the work and the furnished of labor, materials, and contractor's equipment in the performance of the work. also referred to herein as the contract. The contract documents include, but SIe Dot limited to, the standard Proposal submitted by the Contractor, the general, technical and special provisions, any standard plans, including all approved revisions to the plans, reference specifications, permits from other agencies as may be required by law, contract change orders, any other written supplemental agreements. I. Director - The Public Works Director designated by the City to have administrative control over the work. J. Maintenance Superiutendent - The person(s) designated by the Director to have regulatory control over the work. K. Owner - The City of Dublin, acting through its appointed and duly authorized officials. 1. Offeror - Arly 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 iD.tegrity and reliability to assure good faith performance, submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. M, Performance Fault Standard - An evaluation system establishing the acceptable and unacceptable level of performance and a consistent syste.m of notifYing the con1ractör regarding problems, resulting ftom performance inconsistent with the terms of the contract agreement. N. Quality ControL ~ A plan initiated by a contractor to ensure that the service is delivered satisfactorily and an acceptable level of performance is maintained. O. Supervisor - The Public Works Director or supervisor designated by the Director to have control over the work acting either directly or through duly authorized representatives, such agents acting within the scope of the particular duties delegated to them. P. Subcontractor - Any person undertaking part of the work of a contract under the control of a principal contractor. . Attachment 1 of Exhibit A Page 20£21 July 1, 1993 · · · IG"~ Y1P Q. Tabulation Summary ~ A written record of the Proposals received and the highlights of the Proposals, including services and methods of delivery, made for the 'purpose of recording the names of all interested parties and comparing their respons~. R. Working Day - Any day, recognized by the City, on which the Contractor may proceed with regular work as approved in the Work Schedule, detennined by the Maintenance Superintendent, toward the fulfillment of the Contract, unless the work is delayed by . inclement weather. S: Work Schedule - The approved weekly or bi-we.ekly work schedule indicating when and where employees will be working. , SECTION 2 SCOPE Section 2.01 Location Doucl1ertv AssessmentJ?ist:tct Landscanifi;r (approximately 3.63 acres) Dougherty Road frontage from 320 feet. south of Amador Valley Boulevard, excluding the 7-11 retail store frontage, nortlierly to Fall Creek Road (City lllnit). . This includes turf, trees and bedding areas. Amador Valley Boulevard ftontage (both north and south) from Dougherty Road westerly, excluding the 7-11 retail store ftontage, 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 Pall Creek Road, including shrubs, trees and ground cover. The median and northerly ftontage of Willow Creek Drive from Dougherty Road to Shady Creek Road. This includClS turf, ground cover, trees and shrubs. The WClSterly side of Shady Creek Road from Crossridge Road to jU$! north of Willow Creek Drive, This iucludes trees and shrubs. . , . .,''',. ",., ,,' . ,,', ,,', " , " ,,', , "C',· \ ' SuigecoachÀisèssiiiëni :bisi:Ïii:ftaiidScanmii (âpproxîriiitely' 5.23 'acreS) '... Stagecoach Road median, and east side frontage from Amador Valley Boulevard to Turquoise Street (excluding Stagecoach Park frontage and DSRSD pwnp station frontage); westerly roadway ftontage ftom Turquoise Street north to the City limit line; and easterly ftontage and . Attachment I of Exhibit A page3 of21 November 1,2002 ¡~Dô4¡' planted slopes froni. 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 chan~ areas under this agreement and may do so upon giving written notice to the Contractor. If these changes cause an increase or a reduction in the maiDten.ance costs of this agreement, the maintenance costs shall be adjusted. and, when agreed upon, incorporated into "this agreement. I, SECTION 3 TERM Section 3 Term The term of the agreement shall be for one year, beginning on November 1,2002, and ending on October 31,2003. The agreement maybe extended for two additional periods at the City's option, the first being from November 1 to June 30, 2003 mid the second being from July I, 2003, to hIDe 30, 2004. City may terminate the services of Contractor by providing 90 days written notice with or without cause. In the event of such termination, Contractor shall be . compensated for such services up to the point of termination. .Compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If Contractor terminates its services to the City, it must provide written notice at least 90 days in advance of such termination. Notices shall be provided as indicated in Section 12 below. SECTION 4 MAINTENANCE SPECIFICATIONS Section 4.01 Rnutine Landscape Maintenance Services The Contractor shall perform landscape maintenance services in the areas known as Dougherty and Stagecoach Landscape AssessmentDistricts apd agrees to furnish all labor, services, materials, insurance, equipment, tools and other items of every kind and description required for the prompt and efficient execution of the work described herein, and to perform the work necessary or incidental to complete annual landscape maintenance services during the period from November I, 2002, to October 31, 2003, The work shall be performed in accordance with these Special Provisions at the monthly bid price submitted by the Contractor in the Schedule of Compensation. . Attachment 1 of Exhibit A Page 4 of21 July 1, 1993 · · · 11 Ðò Yi.P It shall be understood that the Contractor will be required to perform and complete the proposed landscape maintenance services in a thorough and professional manner that will meet the City of Dublin's requirements. Contractor shall be required to complete the Annual Landscape Maintenance Services contract in accordance with the Special provisions detailed below. A. Management Plans. At the commencement of the contract, the Contractor shall provide the City of Dublin with annual plans which outline :in detail the proposed scheduling and methodology to be used for maintenance of the Dougherty and Stagecoach Landscape Assessment Dis'tricts including all irrigation systems, turf, shrubbery, flower beds, ground cover and tree plantings. The plans shall detail the following specific maint~ce and operations functions: 1. Water Management - Seasonal and daily irrigation scheduling considering water soil moisture content and water application rates versus plant demands. Any and, all water conservation measures to be employed by the Contractor. 2, Fertilization Management - Seasonal fertilization methodology and scheduling plan detailing location, plant demands, dates of application and fertilizer materials to be used by the Contractor for specific applications. 3. Chemical Management - Seasonal herbicide and pesticide methodology needs, application scheduling and rates. The Contractor shall provide a pre 1 post emergent methodology and scheduling plan to maintain desired weed control results in lawns and bedding areas throughout the term of the Contract. B. Irrigation 1. Timing, Adjustment and Maintenances a. Contractor shall be responsible for timing, adjustment, and rrnnor maintenance of all irrigation systems. b. Irrigation systems shall consist of the water distribution system which shall be considered to include, but not be limited to, controllers, control valves, piping, sprinkler heads, quick couplers, and emitters. 2. Control of Watering Schedule a. , Irrigation shall provide adequate water to maintain healthy plant growth and to encourage rooting and resistance to drought. b. Over-watering or flooding shall not be allowed. Over·wateriPg shall be evidenced by the presence of continued excessive run-off, standing water or mushy lawn areas found to be present during the afternoon hours, and not caused by circumstances beyond the control of the Contractor. -, Attachment 1 of Exhibit A Page 5 of21 November 1, 2002 l"Btb 4f0 c. Where possible, water run-off across pavements and into gutters shall be avoided. Inigating shall be done during the nighttime hours and times that do not conflict with scheduled use of the facilities. When it is necessary to run irrigation during public hours, prior notice shall be given by the Contractor to the City of Driblin's Representative. Watering shall always be done at night if the irrigation system is electrically controlled; otherwise, water shall be applied early in the morning. d. e. Inigation shall be curtailed during periods of sustained rainy weather. [, City shall pay the Dublin San Ramon Services District for the water bills directly and the cost is not part of this proposal contract. 3. System Maintenance a,· All valve, control and meter boxes and covers shall be in place, at proper grade and in good repair. b. All inigation heads and emitters shall be maintained in proper working order, correctly adjusted, and in place properly at correct grade or eievation for specific application. c. All irrigation control boxes shall be kept secured and locked with pad locks that are distinctly keyed with keys that only the Contractor, City of Dublin and City Employees legitimately hold. 4, System Repms a. Contractor shall flag and immediately notify City of Dublin of any repairs required to any irrigation system which cannot be corrected by adjustment or minor maintenance procedures. b. City of Dublin will approve Additional Work for major irrigation system repairs by the Contractor on a time and materials basis at the rates provided for in the Schedule of Compensation. c. Damage to. the irrigation system by the Contractor, shall be repaUed by the Contractor within 24 hours at no additional cost to the City. Contractor sball notify the City of Dublin of any such repairs, Attachment 1 of Exhibit A Page 6 of21 July 1, 1993 · · · · · · l'1tb ~lf. c. Lawns 1. AppearaD,ce a. LawnS shall be maintained with a healthy appearance of even, green color, even height, weed-free and closely knit texture with no bald spots or patchiness. b. Lawns which have been damaged, killed or fail to retain healthy growth as a result of Contractor's operations, negligence, equipment or chemical use shall be replaced at Contractor's expense within seven (7) da.ys of Contractor becoming aware of replacement need. 2, Mowing and Edging a. The grass shall not exceed a height of 3 inches in the summer and 2 inches in the winter. . Each mowing shou1d cut no more than 1/3 of the total· height before mowing. b. Mowing shall be done ·at least once every seven (7) days during seasons of active growth and as needed during cool or wet weather. c. Mowing equipment shall be kept sharp to produce clean cut grass with no feathering. d. Leaves shall be removed fi'om the lawn immediately prior to each mowing. Leaves shall be removed from all areas a minimum of once per week during the Fall season and once per month the rest of the year. e. Clippings shall be swept or blown off all walkways and paved surfaces. Clippings shall not be disposed of into the street or adjoining properties. 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 Contractor on a minimUIll frequency of once every other mowing. g. There shall be no ponding of water, or continuously soggy areas, on or around lawns, Attachmc:nt 1 of Exb.ibit A Page 7 of21 November 1, 2002 2D~ 4~ 3. Fertilization · a, Lawns shall be fertilized a = of four (4) times per yeW". Application amounts and frequencies shà1l 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 275 pounds per acre to counteract red thread problems aM slow reaction in winter of normal fertilizer. 4. Aeration a. Plug aeration of lawn areas shall be done a minimum of once pI!!' year. b. Aera.ting shall be performed in a safe ¡nanner so as not to endanger the general public. At no time shall the operation continue when any individual(s), other than the City of Dublin's Representative, is within one hundred (100) feet in any direction. c. Aeration shall be performed at least 8" from and no further than 10" :from the perimeter boundary of the hardscape. Contractor shall be responsible for any damage to any irrigation equipment as a result of the aeration work. · d. The type of aeration ¡nay be either core or aerovator method as appioved by the City of Dublin. If the core plug method is used, core plugs may remain in the turf but must be removed ftom any sidewalk, curb and gutter, roadway or other bJu'dscape surface prior to the completion of each days work. 5. BroadleafWeeds a. Lawns shall be sprayed and trea.ted only with approved chemie.als registered to control weeds, pests and diseases. b. Aminirnum of one (1) pre-emergent and post-emergent application shall be done annually as per manufacturer's labels in accordange with all applicable regulations, the Department of Pesticide Regulation, and the Alan1eda County Agricultural Department. Proposed application to lawn areas shall be approved by the City of Dublin prior to application. · Attachment 1 ofEx1Jibit A Page 8 of21 July 1, 1993 e e . ZI6bI.\-(p D, Trees and Shrubs 1. Pruning, TrùnJning and Removal a. Pruning shall be perfonned as needed by a trained, qualified person with experience in accepted procedures and shal1 be performed in accordance with the International Society of AIboriculture' s - Tree Pruning Guideline. b. Trees overhanging walkways shall b<: trimmed so as to maintain a minimurn 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 trimnring and removal of dead branches and suckers will be accomplished as Additional Work. e. Shrubs and trees shaU 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 th<: approval of the City of Dublin's Represc:ntative. g. Dead branches and foliage shall be removed from trees and shrubs. h. Shrubs shall be edged to keep in bounds, and top grdwth shal1 be trimmed as neCessary to achieve the intent of the hmdscape design. Shrubs shall not be allowed to encroach onto sidewalks or other pedestrian or vehicular areas. 1. 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. L Trees and shrubs which have been damaged, killed or fail to retain healthy growth as a result of Contractor's operations, negligence, equipment or chemical use shall be replaced with equivalent size, same species and quality plant material, at Contractor's expense within seven (7) days of Contractor becmning aware of replacement need. Attachment 1 of Exhibit A Page 9 of21 November I, 2002 \ -¡~ùb~ 2. Fertilizing . a. Trees and shrubs shall be fertilized as needed to provide a strong root system and healthy looking foliage. b. Fertilizers sha1l be wen 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 Con1ractor 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 berernoved as soon as tree: is wen established to stand securely without support. e 4. Bedding Pre-Emergents and Spot Spraying a. Pre/post emergents to be selected by the Contractor to fit the desired requirements and results for particular areas where material is applied. b, All material used shall be approved by the City of Dublin. c. Contractor shall provide a miIrlmum of two (2) pre-emergent applications annually, but is not . limited to two if required to maintain desired control results. Contractor shall notify City of Dublin in advance of dates planned fur application. d. Contractor shall provide copies of all Manufacturer's labels and Material Safety Data Sheets to City of Dublin prior to application. e. Contractor shall provide proper licensing and shall complete and file all required report!: to satisfy City, County, State and/or Federal requirements. . Attachment 1 of Exhibit A Page 10 of21 July 1, 1993 · · · t..~t.f& E. . Bedding Maintenance 1, Appearance a. Planting Beds shall be edged to keep in bounds, and trimmed as necessary to achieve the intent of the landscape design. b. All groundcoverS shall be trimmed 3 to 6 inches from anyhardscape and 6 inches from any tree or shrub trunk. Vertical shoots of groundcovor 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 folia~ shall be removed from the site. 2. Weed Control a. Contractor shall m~int~jn 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 whore they can be seen above the ground cover. c, Low growing and spreading weeds shall not be wider than 3" or be allowed to remain in open areas oflandscape beds regardless of width, Le., bare dirt or bark shall be maintained weed-free in any landscape. F, Working Schedule To the extent possible, work will be performed on a scheduled orderly basis, agreed upon by both City of Dublin and Contractor.. In case of Additional Work beyond the scope of routine landscape maintenance services, City of Dublin will prepare work orders to Contractor, detailing the specific work needed, location of work and value of the assigned work. Contractor will report Additional Work completed on the assigned work orders and return to the City of Dublin with monthly billings. Contractor shall schedule his operations to complete each work orde.r within the determined nmge of calendar days, as shown on each work order from City of Dublin. Contractor shall not perform Additional Work without a written work order authorization from the City of Dublin. In the event emergency work is required, City of Dublin shall verbally request Contractor to perform speciñc work. City of Dublin will follow-up verbal request with written work order after the work has been completed. Attachment 1 of Exhibit A Page 11 of21 November 1, 2002 2t..øo~tf G, Personnel 1 Clothing Landscaping crew shall be trained and competent professionals with the ability to make . minor adjustments or repairs to equipment. Crew shall have an experienoed orew leader with the ability to converse with the publio and represent the Contractor on a daily basis. Personnel shall be uniformed with company name or logo. Shorts are not acceptable and shirts must be worn at all times. e ß, Safety Contractor shall exercise all applicable safety roeasureg to ensure a safe workplace and the safety of others, outside of the workplace.. When working in or around a roadway, , Contractor will provide sufficient advance warning and traffic control devices taprovide motorists with a safe route around equipment and workplace. Contractor shall provide orange safety shirts or vests for anyone working'in or adjacerit to a public street. All chutes, guards, or other safety df:vices on mowers and edgerE, wee.deaterE shall be in working order and used at all times. It is also advised that employees of Contractor have made available to them and exercisè the use of personal safety equipment such as goggles, face, shields, ear protection, etc. Fertilizing and chemica] weed control operations shall be performed in a safe manner and in accordance with the Manufacturer's label and the 1andscape industry. I. Traffic Control . Contractor shall be required to supply the necessary equipment to provide adequate traffic control measures during landscape maintenance operations. This shall include but not be limited to high visibility arrow boards where appropriate. The City of Dublin must approve all traffic control measures prior to the start of the Contract. Landscape maintenance operations may be conducted on one side of the street at a time and at no time may streets be olosed." "eDuring all landscape maintenance operations adequate provisions shall be made by the Contractor to accommodate normal traffic flow over public streets. Means of ingress and egress shall be provided for occupants of adjacent property with convenient access to driveways, buildings, businesses or private residences. Pedestrian traffic shall be accommodated on adjacent sidewalks. Contractor shall be required to provide and roaintain barriers, guards, and lights whenever and wherever necessary in order to effectively protect the public ftom the dangers associated with the landscape maintenance operations. Contractor shall be required to post proper notices and signage for the public regarding detours and the conditions of work curre!l1tly in progress. J. Supervision Contractor must provide qualified supervision on the job site. Supervisor: must. be approved by City of Dublin prior to commencement of contract and any time Supervisor . Attachment 1 of Exhibit A Page 12 0[21 July 1, 1993 · · · 25Pb '+0 is changed. Supervisor must have the ability to :make changes in scheduling and respond to City of Dublin complaints regarding quality, scheduling issues, etc. For items beyond the Supervisor's normal scope of authority, Contractor must respond within 24 hours. Field crews must have the ability to communicate to Contractor's office via phone or radio immediately upon notification of concern by City of Dublin. Section 4,02 Additional Work for Landscape MatntenlIDce Services Additional Work performed under this Contract will be performed on a scheduled, orderly basis as agreed to by both the City of Dublin and the Contractor. Contractor shall not perform Additional Work without a written work order authorized by the City of Dublin unless such work requires action necessary to stop or contain a11 emergency situation. After the i=ediatc emergency condition is stabilized, the Contractor will im:mediate.ly either correct or barricade the area until per:manent repairs can be made. If the emergency requires specific notification of, or authorization of charges, or action from a designated City official after normal business hours, the Contractor shall contact the appropriate City Representative in accordance with current City of Dublin emergency response procedures. The activities detailed below will be completed as Additional Work to be performed by the Contractor on an as needed basis and upon the written approval of the designated representative for the City of Dublin. Reimbursement for Additional Work performed. by the Contractor will be in' accordance with unit prices or time and material rates as listed in the Schedule of Compensation. Contractor shall be required to complete Additional Work in accordance with the Special provisions detailed below. A. Irrigation Repairs 1. Irrigation repairs will be performed as Additional Work reimbursed for on a time and materials basis at the hourly rates and markup for the cost of materials provided by the Contractor in the Schedule of Compensation. All irrigation repairs except for emergetWy work will be completed only after receipt by the Contractor of a WIjtten work Order authorization from the City of Dublin. In the even.t emergency work is required, the City of Dublin may verbally request the Contractor to perform specific work to abate the emergency and a follow-up written work order will be issued by the City of Dublin after the work has been completed. 2. Contractor shall respond immediately to a request for irrigation repairs when such repairs are necessary to properly maintain the landscaping and avoid placing plants and lawns in a stress con,dition. Attachment 1 ofE:xhibit A Page 13 onl November 1, 2002 2i.POb Lf iÞ 3. All materials shall be furnished by the Contractor and billed to the City and, wherever possible, equipment and parts shall be replaced with the same type and brand as used in the original or better. The Contractor shall dernonstrate to .the City the most compotitive of a minimum of three (3) separate suppliers which, upon City approval, shall be then utilized for the duration of the one (1) year period. · 4. Damage to the irrigation system by the Contractor shall be repaired by the Contractor immediately at no additional cost to the City. Contractor shall notify the City of DubliD of any such repairs. :8, Full Tree Trimming 1, All tree.. trimming shall comply. with good arboreal practice for the particular species of trees being trimmed and shall be consistent with the Pnming Standards as adopted by the International. Society of Arboriculture, and/or "Pruning Landscape Trees" by D.C. Agricultural Extension Service #AXT-288. The Contractor shall also meet the requirements of the American National Standards, Z133-1-1972, eu.titled "Safety Requirements for Tree Pnming, Trimming, Repair ,or Rc:moval," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. 2. Tree trimming shall follow the shape indicated by the natUral growth habits of each tree species. Trimming and shaping of trees shall be as directed by the City of Dublin Representative and in accordance with the fçllowing: · a. Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. b. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely naÍTOw angle of attachment should normally be removed, c. Smalllirnbs, including suckers and waterspouts, shall be cut close to the trunk or branch ftom which they arise. d. Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stu.bbing shall not be an accepted pt'IWtice for reducing the size or the framework of any tree. 3. Umbs one inch (I") in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the fitst cut on the underside of the branch one foot (1 ') to two · Attachment 1 of Exhibit A Page 14 of2l July I, 1993 . . e :216b~lI> feet (2') from the crotch. The undercut should be at least one-third (1/3) of the diameter. Make the second cut one-inch (I") to three inches (3'') further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they wí1l prevent sap flow. All cut branches three and one-half inches (3 W') or larger in diameter shall be lowered by proper ropes to the ground. iuJy damage caused by dropping limbs shall be repaired within three (3) days at the COJJ.Jractor's expense and to the satisfaction of the City of Dublin Representative. All debris resulting :trom tree trimming operations shall be removed ftom the work site on a daily basis. 4, Trimming of the trees shall be scheduled as Addinonal Work and sha1l be performed by the Contractor at the rates provided in the Schedule of Compensation. C. Tree 1 Stump Removals 1. Contractor shall provide all equipment, labor and materials necessary for the Temoval of trees in accordance with the spe.ciñcations herein. Contractor shall be responsible for locating all underground utilities prior to removal. 2, The City of Dublin shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good woIkmanlike manner in accordance with the standards of the arboricultural profession. 3, No wood shall be left along public right-of-way unless approved by the City of Dublin. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree. parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hallled to the disposal site during the workday. 4. Contractor shall be required to call Underground Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of I Y:. feet either side of the outer circumference of the stump, or until surface roots are no longer encountered. 5. Stumps should be cut low onouSh to the ground where routing can be done safely. This may be accomplished by cutting the stump at the titne of grinding, or at the . time of tree removal. All stumps are to be ground wit1ùn 48 hours of tree removal. Attachment! of Exhibit A Page 15 of21 . November 1, 2002 2ßõb *~ Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2) inches above . no=al ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition. 6. Tree 1 stump removals shall be performed as Additional Work and shall be performed by the Contractor at the rates provided in the Schedule of Compensation. D, Tree Planting 1. Planting shall commence within two weeks after Contractor has received a list from the City of Dublin. The maintenance phase shall begin as soon as each individllal tree has been planted and run for a period of ninety (90) calendar days ftom the date the tree is planted, The primary focus of the watering schedule shBll be between the months of May through SepteIiJ.ber of each year. Maintenance activitie.s shall consist of periodic watering depending on weather conditions, or the needs of the individual tree. Maintenance of young trees during the maintenance period shall also include, but not be limited re-conditioning the water retention basin built around the tree, staking or re-stolring, and adjusting tree ties and root barrie:rs. 2, Planting pit shall be dug one and a half (I Y» the width and the same depth of the root ball. Before placing the tree in the planting pit Contractor shall examine the root ball for injured roots and canopy for broken branches. Danmged roots should be cleanly cut off at a point just in ftont of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged. . 3. Tree shall be placed in the planting pit with its original growing level (the trunk flare) at the same height of the surrounding finish grade. In grass-covered. parkways, the top of the root ball shall be level or slightly higher than the sutrOunding soil. Tn a concrete tree well, the root bal1 shall be 3 inches below the level of the finished surface of the concrete. 4. Backfill material should be native soil. Place fertilizer tablets in the comers of the bottom of the hole, Eliminate aU air pockets while backfilling the planting pit by watering the soil as it is put into the hole. 5. Trees that are planted in parkways shall have a 4"-6" high water retention basin built around the tree capable ofhold1ng at least 10 gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping bMin'. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice. . Attachment 1 of Exhibit A Page l6of21 July 1, 1993 · · · 2 ~ CIb I..(., All trees shall be staked with two wooden lodge poles and two ties per pole. Minimum size of lodge poles shall be lO-foot long, with a 1 Y.·inch diameter. Tree ties shall be placed at 1/3 >U)d 2/3 of the trunk height. Stakes shall not pl/netrate the root ball and shall be driven into the ground approximately 24"-30" below grade. 7. The location of trees to be planted will be determined by the City of Dublin. Planting of trees shall be performed as Additional Work and shall be completed by the Contractor at the unit prices provided for in the Schedule of Compensation. 6. E. . Shrubs 1 GroundC(lver Planting 1. Dead plants and those in state of decline ¡rom causes not within the control of the Contractor shall be brought to the City's attention immediately. The Contractor shall provide the City with a proposal including a written assessment of the cause of the plant's death or decline, and (if applicable) a plan for eliminating the problem with the r~lacements. If appropriate, the Contractor shall recommend a bettor-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. Whenevor planting new or replacement plants, a complete, slow release fertilizer shall be incorporated in the proper qu>U)tity within the planting soil in the planting hole. 3. The location of new or replacement plants win be approved by the City of Dublin. Planting of new or replacement shrubs 1 groundcovor shall be performed as Additional Work and shall be completed by the Contractor at the unit prices provided for in the Schedule of Compensation. 4. 'Plants which have been damaged, killed or fail to retain healthy growth as a result of Contractor's operations, ·negligence, equipment or chemical use shall bc replaced with equivalent size, same species and quality of plant material, at Contractor's expense within seven (7) days of Contractor becoming aware of replacement need. 5. In the event of disagreement regarding responsibility for losses, an independent, professional horticulturist will be hired by the City to detennine the cause, . F, Pesticides And Disease Controls 1. Plant materials and areas shall be constantly monitored for harmful insects, rodents, diseases and infestations. To control problems, the appropriate insecticide, fungicide, or other measures shall be applied. The Contractor shall Attachment 1 of Exhibit A Page 17 of21 November 1, 2002 ~0iJb ¥(¡) utiliz~ the least toxic chemicals or controls, which are effective for the specific . application as a first course of controlling the problem. 2, Contractor shall take care that all pesticides or other disease control materials are carefully, safely, and correctly applied by a properly licensed or certified person according to the .label's recommendation and all City, County, State and Federal laws. 3. All contaminated materials and containers shall be removed from site and disposed of in accordance with the requirements of the law. 4. Any pesticide use reports that are required to be filed with the C01.Ulty and/or State. shall be copied to the City of Dublin on a monthly basis. 5, Contractor shall immediately notify City of Dublin of any require.m.ent to apply chemipals for pesticides and disease control. Application of chemicals win be performe:d as Additional Work, and the cost and scheduling will be negotiated between the City of Dublin and ConiJ:actor. G. Flowering Perennial Beds 1. Flowering perennial beds shall be established, planted, maintained and periodically changed on a seasonal basis by the Contractor as approved by the City of Dublin. . 2. Planting Beds shall be edged to keep in botmds, 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 !IS Additional Work, and the cost and scheduling will be negotiated with the Contractor on a case-by-case basis H, Emergency Response Service 1. Contractor shall be required to provide emergency on-call response for irrigation problems, damage !IS a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the . Attachment 1 ofExhibit A Page 18 of21 July 1, 1993 · e e 3-\ 6() '1' t. work to be done at each location via telephonefrorn an authorized representative of the City of Dublin. Emergency work shall begin within two (2) hoUrs of the initial telephone call. z, Contractor shall be required to provide 24-hour emergency phone num.bers and the names of at least three (3) contact individuals upon award of contraèt. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City of Dublin within 2 working days. 3. Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor sha!l 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 ratl!S provided by the Contractor in the Schedule of Compensation. This sball include all labor, tools, equipment, diBposal fees and necessary materials. Attachment 1 of Exhibit A Page 19 of21 November 1,2002 '... " " " , .... , ' .. " )'" I\.- ~¡¡~ ".:,~;\ . ". .J . ;~~, I ,. . ,:....1. e ,;';'. . ~ " . ~' .. I , , . ~i <. ~: , .~ t .(r.!:;'W.I .~ ~ 1. ~I .", i; :;>,~~~~ ~ . :í;j, r ~j~ ...j .,...... ...e. .. J' ..;~. ," . e " ._, 'Lð-I . . .......'¡\I.:!IN# . Attachment 1 of Exhib , .-- _ ~~, Page 21 of21 it A November 1,2002 . I I ¡ ¡ ¡ e¡ ; e '~ " 'I '~\I , J c,;:· :" :," 11'1 .' - . ~., . .." Q 1:1. ¡ I ,\ ! j I I ~ ¡ 1 I, h~' " ~ <, ,'\¡ "'. _:", I' 1,.< ',i~, 1,~J )~f< ~i~ ¥~l":¡ ~;-i ~J¡d1t; ~ ¿ ,"~ t~.~~~~ ',.' I Ii f"" ~ ~ ';, '...: ,;"r. '", r\'~ i :~,'~'.,\ ,; ~ ,> \ t ¡ 'I ,,' ."~ . \. ..... .~~, ' '..(' ~.,,: ....-r- ~ "{. ... ~ I ..;: I .' {<.,; I' 2 . , , ". ' JJ.¡~I I, I .~. v ~ , ~\;I,\ fl ~ ,¡' i 4- '} ! .... . It. I II: I ~ ~-- " ~ , . ., :. J ; ~ i ~ ~ ".;; .. ~ '. , ,,' ~.. ": ...! < . i " , , / I '" " '" J .... .,.. - .... '~ <> <, II: .... ~ ~, . . i..I-(P', ~ : ~ ~ ø \ 'i.~ ~ , ~ '" :: '" , " , ...' h .. ' ~. . Šifig 4"':; -t'~ ' !~~~ ., I~~ . 5:~i ;§~ø =t; Iiªsl ~B~~ 0' ~'", 0:-' ¡, f~ .. . ~~~ ~'h \'"" t1 \ \ , ; ( I ( ~ ...~ ..n: ~,I~r l!(.~"'::~ 3b 3~Jb ~ EXHIBIT B . . PAYMENT SCHEDULE City shall pay Contractor a base contract not to exceed the total sum of Twenty Three Thousand Five Hundred Twenty Dollars and No Cents ($23,520.00) per year for services to be performed pursuant to this Agreement for the Dougherty Assessment District, end Twenty One Thousand One Hundred Ninety-Two Dollars and No Cents ($21,192.00) for the Stagecoach Assessment District. Except as provided in Section 1, the total annual estimated budget &ball be the sum of the planned expenditure amounts listed in Attachment 1 of Exhibit B. The actual amount paid to the Contractor shall be basod on the amount of work performed according to the costs outlined in Attachment 1 and any subsequent "Additional Work" approved by the City. Work items listed in Attachment 1 shall be billed on a unit price basis or otherwise as set forth in Attachment 1. For work listed as "Time and Materials" (T & M). Contractor shall bill the City on the basis oflisted hourly rates and for materials of actual costs to the Contractor plus 20%. Contractor shall bill Additional Work on the basis mutually agreed to by Contractor and the City. at the time the work is incorporated into the annual maintenance program. For work performed and services rendered, Contractor shall submit monthly bills to the . City by the 15th day of the month following the month in which the work was performed The Contractor shall be compensated by the City as follows: A. A monthly payment for scheduled contract plus time end materials work will be provided, with payment to be made within twenty (25) days of receipt of invoice by the City. B. For Additional Work for which no unit prices have been agreed upon, compensation shall be agreed upon between the Public Works Director and Contractor in writing before work is performed. For Emergency Work when prior approval is not possible and when unit prices have not been agreed upon, the City and Consultant shall agree as soon as possible after the work is performed on the amount of compensation based on costs for related jobs. Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a work authorization form the City. . Exhibit B Page I of 1 November 1, 2002 · 3¡:;-lSb 1f1> Attachment 1 to Exhibit B DOUGHERTY AND STAGECOACH LANDSCAPE ASSESSMENT DISTRICTS ÀNNUAL LANDSCAPE MAINTENANCE SERVICES SCHEDULE OF COMPENSATION I.. SCOPE OF WORK - Contractor agrees to furnish all labor, services, ltlaterials, 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 AsseSSlD.ent Districts as outlined in the attached map iD' strict accordance with the General and Special Provisions in this Request For Bid at the bid prices submltted below. The following· field inventory of major features included within the Dougherty Assessment District is provided below for information purposes only. The City of Dublin does not guarantee. the accuracy of the field inventory and does not take any responsibility whatsoever for field inventory quantities listed below. Contractors are encowaged to inspect and provide verification of the measurements provided. · Doul!bertv A.D. Sta!!eeoBcb A.D. A.. Acres of Turf 1.24 Acres ---- B. Acres of Bedding 2.39 Acres 4.23 Acres C. Lineal Feet of Edging 9,270 L.F. _............--- D. No. Irrigation Stations 104 Stations 69 Stations E. No. Irrigation Valves 217 Valves 75 Valves F. No. Irrigation Heads 2,913 Heads 583 Heads · II. ROUTINE LANDSCAPE MAINTENANCE SERVICES - Contractor agrees to perform the work in accordance with the General Provisions, Special Provisions of Part I, Routine Landscape Maintenance Services and the Scope of Work included in this contrilct for the contract period November 1, 2002, to October 31, 2003, at the following rates : A. Monthly Rate for Dougherty A.D.: B. Annual Rate for Dougherty A.D.: $1,960.00 per month $23,520.00 per year Attachment 1 of Exhibit B Page Ion November 1, 2002 C. Monthly Rate for Stagecoach A.D.: D. Annual Rate for Stagecoach A.D.: ~Ðb4(ç¡ $1,766.00 per month $21,192.00 per year · m. ADDITIONAL· WORK FOR LANDSCAPE MAINTENANCE SERVICES - Contractor agrees to perform the work in accordance with the General Provisions, Special Provisions of Part II, Additional Work for Landscape Maintenance Services and the Scope of Work included in the Bid Package for the Contract period from November I, 2003, to October 31, 2003, at the unit price rates listed below: A. Irrigation Rates: At Time and Material Rates listed in Section N of the Schedule of Compensation B, Full Tree Trimming: 1. 0"-3" dbh 2. 4"-7" dbh 3. 8" :"'11" dbh 4. 12" - 15" dbh 5. 16" - 19" dbh 6. 20" - 23" dbh 7. ·24" & over dbh C. TREE I STUMP REMOVAL 1. Complete tree and stump removal. 2. Tree removal only. 3. Stump removal only. D. TREE PLANTING 1. 15 gallon tree 2. 24 inch box tree per tree $24 per tree $35 per tree $60 per tree $63 per tree $70 per tree $80 · per tree $92 or TBD per dbh incb $18 per dbh inch $14 per diameter inch $4 per tree $125 per tree $305 E, SHRUBS/GROUNDCOVERPLANTING 1. I gallon plant per plant $8.75 2. 15 gallon plant per plant $35.00 3. I groundcover flat per flat $34.00 . F. PESTICIDES AND DISEASE CONTROL: Cost and scheduling to be negotiated on a case-by-case basis. AttachmCllt 1 to Exhibit B Page 2 of3 November 1, 2002 · 317Jb 4!..Þ · G, FLOWERING PERENNIALS: Cost and scheduling to be negotiated on a case·by- case basis. H. EMERGENCY RESPONSE SERVICE: At Time and Material Rates listed in Section N of the Schedule of Compensation. IV. TIME AND MATERIAL RATES - Rates to be used for . Additional Work and Emergency Work not covered in Routine Landscape Maintenance Services or Unit Prices for Additional Work: A. LABOR CLASS Re1rnlp.r Supervisor 32.30 I Hour Crew Foreman 32.30/ Hour Irrigation Specialist 48,40 I Hour Tree Trimmer 48.40 I Hour Groundsperson 25.80 I Hour · Landscape Laborer 25.80/ Hour B, EQUIPMENT Mower Flatbed Dump Brush Cutter Loader Tractor Loader Tractor with Attachment Spray Rig De-Thatcher C. MATERIAL AT COST PLUS Overtime Holiday 48.45 I Hom 64.60 / Hour 48.45 I Hour 64.60 I Hom 72.60 I Hour 96.80 / Hour 72.60 I Hour 96.80/ Hour 38.70 I Hour 51.60/ Hour 38.70 I Hour 51.60 I Hour 13.50 I Hour 26.90 I Hour 13.50 I Hour 67.30 I Hour 87.50 I Rom 53.80 I Hour 13.50/Hour 20% · The above time and material rates are guaranteed for work performed under this Contract for the City of Dublin from November I, 2003, to October 31,2003. Attachment 1 of Exhibit B Pagd of3 November 1, 2002 ~ao·~ ExHIBIT C City shall not provide any equipment or materials rieeded in the performance of this contract. The City will pay for the iIrigation water and power expenses, which win be billed directly to the City by the utility providers. Exhibit C Page 1 of 1 November I, 2002 · · · . -4. . .¥ Vb lfCf EXHIBIT D GENERAL PROVISIONS 1. INRßPBNDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement, except as provided in the Scope of Services. 2. LICENSES: PERlIillS: Erc, Contractor represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor. Contractor represents and warrants to City that Contractor shall, at his sole cost and exponae, keep in effect at all times during the term of this Agreement any liceœcs, permits, and approvals which are legally required for Contractor. . 3. ~. Contractor shall devote such time to the performance of services pursumt to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. INSURANCE REOUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise £-om or in connection with the perfonmmce of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services OfficefOl:m number GL 0002 (Ed. In3) covering comprehensive General Liability and Insurance Services Office fonu number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance, Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Componaation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Contractor shall maintain limits no less than: Exhibit D Page 1 of6 November 1,2002 c.fo'b ~. (I) General Liability; $1,000,000 combined single limit per occurrence for bodily injury, personal ipjury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit ahall apply separately to this project/location or tbe general aggregate limit shall be twice the required occurrence limit. . (2) Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles Rnrl Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. D. Other Insurance provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General LiabiHty and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered . as insureds as respects: liability arising out of activities pf:lfoHJ..led by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self· insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Contractor's insurance shall apply separately to =h insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e Exhibit D Page 2 of6 November 1, 2002 . e 8. . 41Jb '+Ie (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising ftom work performed by the Contractor for the City. (3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, except after thirty (30) days prior written notice by mail has been giwn to the City. Contractor shall provide City with 30 days' prior written notioeof any reductions in the dollar limits of the policy. E. Acccntabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VITI. F. Verification of Coverage. - Contractor sha1l fum:ish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates . and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Tlw certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G, The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agwt. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever., 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Contractor shall perform aU services required pursuant to . this Agreement in the manner and according to the standards observed by a competent Exhibit D Page 3 of6 November 1, 2002 4'ltlb '+t( practitioner of the profession in which Contractor is engaged in the geographical area. All . instrwnents of service of whatsoever nature which Contractor delivers to City pursUant to this Agreement shall conform to the standards of quality normally observed by a person practicing in Contractor's work. 9. HOID HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take responsibility for Scheduled Work, Additional Work, and Emergency Work as described in this Agreement, as such work is performed by Contractor, its employees, agent~, and subcontractors in accordance with all provisions of this Agreement. Contractor shall bear alllo~ses and . damages resulting to it, to any' subcontractor,. to the City, to City officers and employees, or to parties designated by the City, on account of performance or character of the work stated above, including unforeseen difficulties, accidents, occurrences, or other causes predicated on active or passive negligence oftbe Contractor or any subcontractor. Contractor sbal1 indemnify, defend, and hold b.ax:mless the City, its officers, officials, employees, and agents from and against any or all loss, liability, expenses of whatever nature, (including costs of defense), suits, and damages of every kind, nature, and description arising from the performance of the work described in the paragraph above. This paragraph shall not be construed to exempt the City, its employees, officers, directors, and agents from its own fraud, willful injury, or violation oflaw, whether willful or negligent. City shall indeninify, defend, and hold the Contractor, its employees, officers, officials, and agents hm:mless from and against any and all loss, liability, expense, claim, costs (including costs of defense), suits and damages of _ every kind, nature and description arising from the act or omission by the City or any of its ., officers, officials, employees, and agents; By execution of this Agreement, the parties acknowledge and agree that each has read and understand the provisions hereof and that this section is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or Subcontractors from liability under this paragraph. 10. GOVERNMENTALRBGULATIONS. To the extent that this Agreement roay be funded by fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11, COMPLIANCE WITH APPLICABLE LAWS. In performing the services to be provided pursuant to this agreement, Contractor shall comply with all applicable State and Federal Laws and regulations, including, but not limited to, laws and regulations relating to discrimination and laws requiring injury and illness prevention progrwns. 12. RECOURSEBYCTIY Failure ofPerforrnance e Exhibit D Page 4 of6 November 1, 2002 · A. · B. · '+31b I.fIÞ Notice to Cure. If Contractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to rus workers, subcontractors or suppliers. or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or is otherwise guilty of a material breach of a provision of this Agreement, and fails 'Within forty-eight (48) hours after receipt of written notice to cOmIllence and continue satisfactory correction of such default with diligence and promptness, then City, without prejudice to any rights or remodies, shall have the right to any or all o(the folloWing remedies: (i) supply such number of workers and quantity of materials, equipment and other facilities as City deems necessary for the completion of Contractor's work, or any part thereof which Contractor has failed to complete or perform, and charge the cost thfITeOftO Contractor, who shall be liable for the payment of sarne, including reasonable overhead, profit, and actual attorneys' fees incurred as II result of Contractor's failure of performance; (ii) contract with one or more additional contractors to perform such part of Contractor's work as City shall determine will provide the most expeditious completion of the total work and charge the cost thereof to Contractor; and (iii) witlihold payment of any monies due Contractor pending corrective action to the extent roquired by and to the satisfaction of City. In the event of an emergency affecting the safety of persons or property, City mllY proceed as above w:ithOllt notice. . Termination for Defawt. If Contractor fails to cororoence imd satisfactorily continue correction of a default within forty-eight (48) hours after receipt by Contractor of the notice isslled under Section A., then City may terminate Contractor's right to perform under this Agreement and use I!1'-Y materials, implements, equipment, appliances or tools furnished by or belonging to Contractor to complete Contractor's work without my further compensation to Contractor for such use. City may also furnish those materials and equipment, and/or employwch workers or contractors as City deems necessary to maintain the orderly progress of the work. In such case, Contractor shall be entitled to no further payment until the balance of Contractor's work has been completed. At that time, all of the costs incurred by City in performing Contractor's work, including a markup oftlfteen percent (15%) overhead and profit on such expenses, plus act\lal attorney's fees as provided above, shall be deducted ftom any monies due or to become due Contractor. Contractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contractor Price. Exhibit D Page 5 of6 November 1, 2002 4-* ~ !..k,.ø c. Termination for Convenience, City may at any time and for any reason termiuate Contractor's services and work at City'!:> convenience. Cancellation shall be by service of written notice to Contractor's place of business. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work snd placing of orders fOr materials, facilities and supplies in connection with the performsnce of this Agreement, and shall, if requested, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City, or at the option of City, give City the right to assume those obligations directly, inclnding all benefits to be derived therefrom. Contractor shall thereafter do only such work as· may be necessary to preserve and protect the woJ:'k already in progress and to protect material and equipment on the job site or in transit thereto. Q:\Engr"",",jmo.ITruOreonlAgroemonlllOI02 _ion 2.cIoc Exhibit D Page 60f6 November 1, 2002 . . e 45~ "f'~ · . EXIUBIT ;'A" OF RESOLUTION ZOS-03 . . . AMENDMENT TO AGREEMENT . BF:tWEÈ:NC1rt OF DÙBLIN AND rtlUGRÉEN LANDCARE FOR ASSESSMENT DISTRICT L~SCAP1NG MATh'TENANCE SERVICES , WHEREAS, the City of Dubliri (hereinafter referred to as "CITY") and TruGreen . LandCare (hereinafter referred to as "CONTRACTOR''), entered into a I-year agreement on November I, 2002, terminating October 31, 2003, to provide landscaping maintenance services in the Stagecoach and Dougherty AssessmentDismctsj and -WImREAS, CONTRACTOR and the CITY wish to extend the term of said agreement for an additional eight-month period, terminating on June 30, 2004; . NOW, TIŒRÉFORE, the parties hereto agree as follows; Extension of Term The term of the agreement shall be extended from November 1,2003, to June 30, 2004. Adiustment of Rates . · Per Section 2 of the Agreement, the rates for the contract term shall be increased by 1.4%, whicl1 is the percent of annual increase for the year ending August 2003 as stated in the Consumer Price Index for all urban consumers for the San Francisco Bay Area Counties. The rates shall therefore be as follows: $21,480.00 per year (or $1,790.00 per month) for the Stagecoach Assessment District, and $23,844.00 per year (or $1,987.00 per month) for the Dougherty Assessment District. ATTEST: . ('J\ ~ c1 . ... _ i Clerk 'f TRUGREEN LANDCARE ~~ Date: ¡ 0 - / J . 0 '? · G:\E.n~OJltoL(:1.\TruGrccri\am~dment03-Q-4.d(J~ EXHIBIT "An OF RESOLUTION lBî-04 AMENDMENT TO AGREEMENT . BETWEEN CITY OF DUBLIN AND TRUGREEN LANDCARE FOR ASSESSMENT DISTRICT LANDSCAPING MAINTENANCE SERVICES %tfb'+tb . WHEREAS, the City of Dublin (herciImfter referred to as "CITY") and TruGreen LandCare (hereinafter referred to QS "CONTRACTOR"), entered into a l-ycQr agreement on November 1, 2002, terminating October 31, 2003, to provide landsoaping maintenance services in the Stagecoach and Dougherty Assessment Districts; and WHEREAS, pursuant to Section of the Agreement, the term was extended until June 30, 2004, and the rates were increased 1.4%; and . WHEREAS, CONTRACTOR and !he CITY wish to extend !he tem¡ of said 'agreement for an additional one-year period, terminating on June 30, 2005; NOW, THEREFORE, the parties hereto agree as follows: ... . Extension ofTcrm The term of the agreement shall be e¡¡tended from July 1,2004, to June 30, 2005. Adiustment of Rates Per Section 2 of the Agreement, the rates for the contract term shall be increased by 0.2%, which is the percent of annual increase for the year ending February 2004 as stated in the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area Counties. The rates shall therefore be as follows: $21,522.96 . per year (or $1,793.58 per month) for the Stagecoach Assessment District, and $23,891.64 per year (or $1,990.97 per month) for the DOllgherty Assessment District. Section 2 of the Agreement is modified to read as follows: "2. ADmSTMENT TO CONTRACT PRICES AND WORK QUANTITY. In the event of extension of the Agreement, Contraotor and the City will enter into discussions regarding needed chanies in the Schedule of Work, which will set forth a Work Plan in terms of types and quantities of work to be perfonned. Upon written approval of both parties, the Agreement shall be extended for an IIdditional one-year period, beginning July 1, 2005 and CIlding June 30, 2006. The Contractor compensation for the extended term sha11 increase by the percent of ann\llll increase in the Consumer Price Index for All Urban Consumers for the San Fnmcisco Bay Area COllTlties, dated February 2005." CITY OF DUBLIN TRUGREEN LANDCARE ~~ Date: 7, ;:)C( - 0'1 . C,\!!ngr-œnnctlTruOroonlamcndmenI04-CS.dnc