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HomeMy WebLinkAbout2007-003 Gilbert's Landscaping ATASCADER0 CITY OF ATASCADERO JOR 0,11 1918 � 197''9 CONTRACT FOR Gilbert's Landscape and Maintenance for Colony at Apple Valley Landscape Maintenance District 191=I 19�7'g CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Gilbert's Landscape and Maintenance THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Gilbert's Landscape and Maintenance ("Contractor"). City and Contractor agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of City. All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. rev 5/1/06 1 792119.3 City of Atascadero Gilberts Landscape & Maintenance - B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Contractor are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 30, 2009 unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's express written authorization signed by the City Manager is given to Contractor for the performance of said services. rev 5/1/06 2 792119.3 City of Atascadero Gilberts Landscape & Maintenance A&A_ 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL: A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Contractor shall comply with the City Manager's request to monitqr performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Contract. Contractor shall notify City of any changes in Contractor's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Contractor shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. rev 5/1/06 3 792119.3 City of Atascadero Gilberts Landscape & Maintenance 7. CHANGES: The City or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Contractor under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Contractor shall have no property right therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the materials prepared by the Contractor if used for purposes other than those expressly set forth in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Contractor to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Contractor will be allowed to retain copies of all deliverables. B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Contractor in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. rev 5/1/06 4 792119.3 City of Atascadero Gilberts Landscape & Maintenance 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City. However, City and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit A. City acknowledges that all equipment and other tangible assets used by Contractor in providing these services are the property of Contractor and shall remain the property of Contractor upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. rev 5/1/06 5 792119.3 City of Atascadero Gilberts Landscape & Maintenance - 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section. B. PREVAILING WAGES. In the event it is determined that the Contractor is required to pay prevailing wages for the work performed under this Agreement, the Contractor shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor. 14. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. rev 5/1/06 6 792119.3 City of Atascadero Gilberts Landscape & Maintenance - 15. LIABILITY OF CONTRACTOR: Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Contractor's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors. rev 5/1/06 7 792119.3 City of Atascadero Gilberts Landscape & Maintenance 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligence or wrongful act, error or omission of Contractor, willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. 17. INSURANCE: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement. 18. RECORDS: Contractor shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that rev 5/1/06 8 792119.3 City of Atascadero Gilberts Landscape & Maintenance relates to the performance of services under this Contract. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Contractor shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. rev 5/1/06 9 792119.3 City of Atascadero Gilberts Landscape & Maintenance - E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. rev 5/1/06 10 792119.3 City of Atascadero Gilberts Landscape & Maintenance J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero City Manager 6907 EI Camino Real Atascadero, CA 93422 Contractor Gilbert's Landscape & Maintenance 8325 Portola Road Atascadero, CA 93422 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder. AGREED to this. day of E b�N�r,�2 "� 2e6d by the parties as follows. CITY OF ATASCADERO CONTRACTOR By: By: kj6kWade G. McKinney, Citynager Gilbert's Lpndscape and.Maqenance Attest: ✓1 (sig ature) MarcipV. Torgers , , City �rk App d s t '^ au a T (printed name) Pa ck En�60C, dity Attorney Cur nal Approyed at to con en (title) 4-��6 Steve . Kahn, City Engineer rev 5/1/06 11 792119"3 City of Atascadero Gilberts Landscape & Maintenance - CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONTRACTOR /* Gilbert's Landscape and Maintenance rev 5/1/06 12 792119.3 EXHIBIT A Scope of Work TECHNICAL SPECIFICATIONS FOR Landscape Maintenance Colony at Apple Valley Landscape Maintenance District SECTION 01 - GENERAL 1.1 All other portions of this specification notwithstanding, it is the intent of these specifications to provide a high level of maintenance that will present a first-class, landscape industry standard appearance at all times. The contractor is to maintain all areas as specified in these documents, including but not limited to all public areas, to that standard. The City of Atascadero shall be the sole judge as to the adequacy of the maintenance work and/or appearance of the sites. 1.2 It is expected that the City will enter into a one-year contract with the successful contractor with the option of two (2) one-year extensions. All work as designated is to be completed at a seasonal frequency as determined by the City of Atascadero. These schedules will be distributed and discussed twice per year. The Contractor is responsible to submit a written monthly schedule of maintenance specifying the anticipated dates for performing the various maintenance tasks. Any notice of non-performance will be provided to the, contractor in writing with a requirement to repair/correct within twenty-four (24) hours. Non response shall be considered as a violation of contract requirements and grounds for dismissal. 1.3 The Contract will provide a contact phone number to the residents of the Apple Valley Landscape Maintenance District to call regarding maintenance problems and complaints. The Contractor will respond to all calls in a timely manner and will correct all conditions that are the direct responsibility of the Contractor within a one-week period. All hazardous conditions will be corrected within twenty- four(24) hours or sooner. The Contractor will keep a log of all public contacts regarding the Apple Valley Landscape Maintenance District and will submit a copy to the City of Atascadero monthly. The contact log form will be provided by the City of Atascadero. SECTION 02— LITTER CONTROL 2.1 Litter is to be picked up as encountered during scheduled visits to each designated area. Particular care must be given to the removal of fecal matter from highly traveled and highly visible areas. 2.2 Contractor is responsible for trash removal from garbage cans as specified on the Project Area Map. Cans are to be dumped per the distributed seasonal frequency schedule. 2.3 The contractor shall remove all debris from the work site at the end of each work day. Disposal is at the expense of the contractor. SECTION 03 -WALKWAYS/DECORATIVE PAVERS HARDSCAPE 3.1 Walkways and median hardscape and decorative road pavers will be cleaned per the seasonal frequency schedule. All foreign objects, trash and weeds are to be removed from surfaces. Trash, 658615.1 DRAFT 06/4/014:33 PM A-1 clippings and foreign objects will be removed from the site. 3.2 A blow pack may used to clean walkways and median hardscape between 8:00 a.m. till 4:00 p.m., Monday through Friday only. All litter gathered by a blow pack must be picked up and removed from the site. Courtesy and consideration of citizens and businesses shall be used whenever a blow pack is used to lessen noise and dust problems. 3.3 Washing of walkways and median hardscape is not permitted unless prior authorization is issued by the City of Atascadero. 3.4 Walkways and median hardscape shall be kept clear of all shrubs and ground cover. The contractor will prune as necessary to maintain safety. SECTION 04- IRRIGATION 4.1 All irrigation schedules shall comply with City watering restrictions, if any. It is incumbent upon the contractor to determine if restrictions exist and work with the City of Atascadero to determine the best allocation of water. 4.2 Irrigation shall be programmed by the contractor as required to maintain proper plant growth in all areas. This includes, but is not limited to, manual watering by hose bibs, quick couplers and/or drip systems, in conjunction with or in the absence of automatic irrigation systems. Water must not only ensure plant health, but limit inconvenience to citizens using the areas. Automatic irrigation must normally take place during night or early morning hours. Any water run off or overflow onto roadways, sidewalks and hardscape must be kept to an absolute minimum to avoid pedestrian and/or vehicular liability. The contractor will submit for approval a proposed irrigation schedule for all areas on a quarterly basis (January, April, July, October). 4.3 The contractor is responsible for the maintenance and/or replacement of all irrigation systems and their component parts. This includes, but is not limited to, valve boxes and lids, gate valves, quick couplers, mainlines and laterals, all fittings and riser assemblies, hose bibs, sprinkler heads and emitters, wiring, backflow devices, remote control valves, irrigation controllers and enclosures. Maintenance and/or replacement of these items will be done on a time and material basis with prior notification and approval of the City of Atascadero. The contract must provide an hourly rate for both an irrigation specialist and an irrigation laborer that will remain in effect for the length of the contract. A contact person and phone number must also be supplied for 24-hour emergency repairs. 4.4 Automatic controllers will be programmed for seasonal water requirements. Each automatic system will be checked at least once a week for proper operation. The contractor shall notify the City, as noted above, of any repairs required to sprinkler control clocks. The contractor is responsible for manual irrigation while the sprinkler control clock is being repaired. The City of Atascadero will authorize and/or repair/replace all malfunctioning sprinkler control clocks. 4.5 Where automatic sprinkler systems do not exist, the contractor is responsible for watering all plant material as discussed in paragraph 4.1 and 4.2 of these specifications. The contractor shall supply all hoses, nozzles and sprinklers as necessary. Watering shall be performed such that it encourages healthy growth. Any loss of plant material due to contractor neglect of the provisions of this section is the responsibility of the contractor to replace. SECTION 05 - PEST CONTROL rev 5/1/06 B-2 792119.3 5.1 The contractor is responsible for the control and elimination of weeds, insects, rodents and diseases affecting all vegetation using material and methods that are non-injurious to the plants as well as citizens and pets. A pesticide application program may be used by the contractor for this purpose. The contractor shall possess all appropriate permits and licenses required by the State of California, Department of Pesticide Regulation, prior to the application of any pesticide. Any pesticide used shall be on the State of California Department of Pesticide Regulation approved list. Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the San Luis Obispo County agricultural commissioner. In addition, all pesticides used must have the approval of the City of Atascadero three (3) days prior to the application. Herbicides to be used are Roundup Pro for post emergent control and Surflan or Pendulum Aqua Cap for pre-emergent control. Any substitution must have prior City approval. 5.2 Traps for rodent control will be permitted only with the express written approval of the City of Atascadero for location and type of traps. Traps will not be permitted in any areas where children could be expected to play. SECTION 06—TRAIL MAINTENANCE 6.1 The trail will be inspected on a weekly basis, to ensure it is in safe condition. Inspections will include checking the condition of trail surface, for erosion and drainage problems in the trail corridor, for required clearances (vegetation encroachment or fallen trees), and for condition and proper function of trail furnishings and amenities including signs, gates, bollards, fencing, benches, etc. Inspections after storm events are recommended to check for erosion, drainage problems and fallen trees or debris blocking the trail surface. The removal of invasive species from much of the trail will assist in the restoration of native habitats, the diversifying of plant species present along the trail, and the improvement of the health, vigor and longevity of existing vegetation. 6.2 Inspect surface on a regular basis, particularly after heavy rains. Maintain original trail width by eradicating encroaching grass, weeds or seedling vegetation. Contact the City Of Atascadero to determine best means for eliminating encroaching vegetation (chemical, physical removal, etc.). Repair surface erosion as soon as possible after it occurs to minimize damage and maintain the trail in best condition. Coordinate repairs to minimize conflicts with existing trail users. 6.3 The grass shoulder adjacent to the trail shall be kept to a maximum height of 4" throughout the growing season. In highly visible or landscaped areas such as trailheads the lawn should be kept to a maximum height of 2". 6.4 Graffiti and damage from vandalism shall be repaired as quickly as possible after it is discovered to demonstrate the community's commitment to maintaining a high quality trail environment. This demonstrates to trail users that the trail is a valued public space and to vandals this type of behavior will not be tolerated. 6.5 Erosion of the trail surface, shoulders, base and sub-base courses can create hazardous conditions for trail users and compromise the structural integrity of the trail. Erosion damage should be reported to authorities and repaired as soon as possible. 6.6 Signs are critical to the safe and convenient functioning of the trail and must be kept graffiti free rev 5/1/06 B-3 792119.3 and free of obstructions, such as vegetation. 6.7 Site furnishings and signs are typically constructed of wood or metal. They should be inspected weekly to check for graffiti, splintering, chipped paint or general deterioration or damage. They should operate as designed and be reported to the City of Atascadero for repair if damage is identified. (The Contractor is not responsible for cost to repair damaged trail site furnishings, but is responsible to notify the City of Atascadero on the same day that the damage is discovered.) 6.8 A weekly schedule of litter and trash pickup shall be developed to keep the trail clean. Trail users should be encouraged through appropriate signage to clean up after themselves and to pick up litter they find as they use the trail. Dog litter shall be removed weekly SECTION 07—SIDEWALK PARKWAYS/ MEDIAN STRIP MAINTENANCE 7.1 Edging and pruning is to be done per the seasonal frequency schedule. Plant growth shall not encroach onto sidewalk, roadway or other hardscape, along fences and walls. Chemical application is not an acceptable method for ground cover edging. 7.2 All ground cover shall be maintained in a weed free condition. 7.3 Ground cover fertilizer shall be a complete slow release fertilizer equal to a ratio of 15-15,15 evenly broadcast at the minimum rate of five (5) pounds per one thousand (1,000) square feet of ground cover area, per application. Changes in the type and rate of fertilizers used, need prior approval. 7. 4 All ground cover is to be fertilized per the seasonal task frequency schedule. Fertilizer must be delivered to the site in the original unopened container, bearing the manufacture's guaranteed analysis. Any fertilizer that becomes caked or damaged, making in unsuitable for use, will not be accepted. Following application at each site, the fertilizer must be thoroughly watered into the soil within twenty-four (24) hours. The City of Atascadero must be notified five (5) days prior to fertilizer application. Contractor shall provide written documentation of the quantity of fertilizer applied to each area needing fertilization immediately after application. 7.5 Where specified by the City of Atascadero, the contractor will be responsible for the installation and maintenance of annual color. Installation shall include removal of old plant material, soil preparation and planting of new material. Planting is noted on the seasonal task frequency schedule. Plant material is to be in 4" pots plants 8" on center with type to be approved by the City of Atascadero prior to planting. When delivered, annual color must be budding or will be rejected. Typical installation occurs quarterly. 7.6 Groundcover that has died due to lack of proper maintenance as determined by the City of Atascadero, including but not limited to inadequate fertilization or watering practices shall be replaced at the sole expense of the contractor. 7.7 Bark mulch will be maintained in shrub beds as per the task frequency schedule. Mulch to be refreshed seasonally and/or as needed. Contractor to submit product for approval prior to installation. Gorilla Hair or approved equal. 7.8 All green waste is to be disposed at the sole expense of the contractor SECTION 08—IRRIGATED LANDSCAPE BED MAINTENANCE rev 5/1/06 B-4 792119.3 8.1 All plants and shrubbery shall be pruned to encourage healthy growth habits for shape and appearance according to accepted industry standard. Pruning shall be done according to the natural growth of each individual species of plant to maintain viability by cutting out dead, diseased or injured wood and to control growth when an unshapely shrub may result. Shrubbery adjacent to walkways and roadways must be kept pruned, avoiding safety hazards in traveled areas. 8.2 Irrigated landscape beds shall be maintained in a weed free condition. Weed control may be performed by hand or by the use of selected herbicides upon prior approval of the City of Atascadero. Shrub beds shall be raked free of all debris, weeds and leaves and maintained in a neat condition during each work session. 8.3 Bark mulch will be maintained in shrub beds as per the task frequency schedule. Mulch to be refreshed seasonally and/or as needed. Contractor to submit product for approval prior to installation. Gorilla Hair or approved equal. 8.4 Shrubs and shrub beds shall be fertilized per the seasonal task frequency schedule. Fertilizer shall be delivered to the site in the original unopened container, bearing the manufacturer's guaranteed analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, will, not be acceptable. Following application at each site, the fertilizer shall be thoroughly watered into the soil within twenty-four (24) hours. The City of Atascadero shall be notified five (5) days prior to the date of application of fertilizer. 8.5 Shrub fertilizer shall be a complete slow release fertilizer equal to a ratio of 25-5-5 evenly broadcast at the minimum rate of five (5) pounds per one thousand (1,000) square feet of ground cover area, per application. Changes in the type and rate of fertilizers used, need prior approval. Contractor must provide written documentation of quantity of fertilizer applied to each area immediately after application. 8.6 Shrubs that have died due to lack of proper maintenance as determined by the City of Atascadero, including but not limited to inadequate fertilization, watering practices, pest management or pruning shall be replaced at the sole expense of the contractor. 8.7 All fence lines, curbs, gutters, asphalt brems, parking lots, signs and other structures shall be free of all weeds. Herbicides may be used for weed control upon approval of the City of Atascadero prior to application of chemicals. 8.8 All green waste to be disposed of at the sole expense of the contractor. SECTION 09 -TREE BED/WALK-ON BARK AREA MAINTENANCE 9.1 All ground cover shall be maintained in a weed free condition.. 9.2 Bark mulch will be maintained in shrub beds as per the task frequency schedule. Mulch to be refreshed seasonally and/or as needed. Contractor to submit product for approval prior to installation. Walk-on bark or approved equal. 9.4 The contractor is responsible to notify the City regarding trees that have died in this area. 9.5 All green waste to be disposed of at the sole expense of the contractor. rev 5/1/06 B-5 792119.3 SECTION 10 -TREE MAINTENANCE 10.1 All tree pruning activities shall be performed only by trained, experienced personnel. Supervision shall be by a Western Chapter International Society of Arboriculture Certified Arborist complying with WCISA Pruning Standards or ANSI 300 specifications. 10.2 All trees shall be pruned to provide pedestrian and vehicular clearance in accordance with Section 7.1. All tree wells are to be kept clear of trash, suckers and weeds. No structural changes are to be made. The need for any additional pruning is to be reported to the City of Atascadero for consideration and prior approval. 10.3 The contractor shall assure that all trees are supported sufficiently. This includes, but is not limited to minor repairs consisting of replacing or repairing ties, refastening boards and, braces and removal of nursery stakes. All staking and ties shall be done in a way to avoid tripping hazards. Tree stakes or ties shall be removed promptly once their function has been completed. Guidelines for staking shall be those stated in University of California Extension Publication No. 2576 10.4 Trees that have died due to lack of proper maintenance as determined by the City of Atascadero, including but not limited to inadequate fertilization, watering practices, pest management or pruning shall be replaced at the sole expense of the contractor. 10.5 All green waste to be disposed of at the sole expense of the contractor. SECTION 11 —TURF MAINTENANCE 11.1 Mowing operations shall be performed in a workmanlike manner that ensures a smooth appearance without scalping or allowing excessive cuttings to remain. 11.2 Turf shall be mowed with a reel type mower equipped with rollers or a rotary type mower. All equipment shall be adjusted to the proper cutting height and shall be adequately sharpened. 11.3 Mowing height shall be three inches (2") for all turf areas. Mowing height may vary for special events and conditions as determined by the City of Atascadero. Any and all litter and trash must be removed before the mowing operation. Walkways shall be cleaned immediately following each mowing operation. 11.4 All turf areas will be mowed per the seasonal task frequency schedule. This is generally split into the warm season- April through October, and the cool season- November through March. Mowing will be scheduled Monday through Friday. 11.5 All turf edges, including but not limited to sidewalks, driveways, curbs, shrub beds, ground cover beds, tree basins and open space areas shall be edged to a neat and uniform line; all grass invasion must be eliminated. All turf edges shall be trimmed and limited around sprinklers, valve boxes, meter boxes, backflow devices, park equipment and other obstacles. 11. 6 Weed-eater type string trimmers may be used for edging. Use of string type trimmers requires caution near trees and plants. The Contractor is responsible for replacement of any damaged trees and plants. 11.7 When a power edger with a rigid blade is used, the edging of turf shall be completed as one operation in a manner that avoids damage to concrete sidewalks and borders and results in a well- rev 5/1/06 B-6 792119.3 defined, V-shaped edge that extends into the soil. 11.8 Chemical application for edging may be used in and around areas such as planter, areas adjacent to building, trees, fence lines, sprinkler heads, etc. Prior to application of any chemical, all areas shall be trimmed to the property height. Approval is required from the City of Atascadero prior to application of chemicals for edging. 11.9 All turf shall be fertilized per seasonal task frequency schedule. Fertilizer shall be delivered to the site in the original un-opened container, bearing the manufacturer's guaranteed analysis. Any fertilizer that becomes caked or damaged will not be accepted. The City of Atascadero is to be notified five (5) days prior to the date of fertilizer application. Turf fertilizer shall be a complete fertilizer, evenly broadcast at the minimum rate of one (1) pound actual available nitrogen per one- thousand (1,000) square feet of turf area, per application. Applications shall be as follows; 16-8-8 applied in May; 22-3-9 (slow release) applied in January. Contractor shall provide written documentation of the quantity of fertilizer applied to each area immediately after application. 11.10 Turf areas shall be aerated per the seasonal task frequency schedule. 11.11 Turf areas shall be maintained in a weed free condition. The contract shall apply selective herbicides per the seasonal task frequency schedule to maintain a weed free condition. Additional measure to keep turf weed free shall be performed by hand or through the use of City selected herbicides as necessary. 11.12 Turf that has died due to lack of proper maintenance, as determined by the City of Atascadero, including but not limited to inadequate fertilization, watering practices, mowing or turf management shall be replaced at the sole expense of the contractor. 11.13 All green waste to be disposed of at the sole expense of the contractor. SECTION 12 - WEED CONTROL- MICELLANEOUS OPEN SPACE AREAS/ DETENTION BASINS 12.1 Designated open space, non-irrigated areas and detention basins are to be mowed or weed-whipped seasonally (approximately three to four times per year) as coordinated with City of Atascadero Public Works staff. 12.2 All noxious weeds are to be removed and discarded. 12.3 All fence lines, light standard bases, tree wells, sidewalks, curbs, gutters, asphalt berms, parking lots, signs and other structures shall be free of all weeds. Herbicides may be used for weed control upon approval of the City of Atascadero prior to application of chemicals. SECTION 13 - INSPECTIONS 13.1 Inspection by the City of Atascadero designated representative of the areas covered by the contract Documents and these specifications shall be made bi-monthly or as determined necessary by the City. 13.2 If City's inspector identifies deficiencies and/or items that need repair, written notification will be given to the contractor. Upon notification, the contractor will make corrections/repairs within twenty four (24) hours. If repairs and or deficiencies are not corrected within twenty-four (24) hours from the date of written notification, the City may make repairs or corrections and deduct the cost from amounts otherwise due to Contractor. Contractor's failure to respond to a notice to repair or correct within twenty four hours may be grounds for City is issue a Notice of Default. rev 5/1/06 B-7 792119.3 SECTION 14—WORKER SAFETY&TRAFFIC CONTROL 14.1 All workers performing work in center medians will be required to wear reflectorized clothing or vests. The contractor will also be required to submit a traffic control plan to the City of Atascadero in advance when closing lanes for work in center medians. SECTION 15 - EXTRA WORK 15.1 All work performed that is not contained in these Technical Specifications will be done on a time and material basis with prior request and approval of the City of Atascadero. Time and material rates will be bid and determined prior to authorization of Extra Work. In some cases, while the unit rate has been established, an estimate will still be necessary to determine the scope. The City of Atascadero will make the final determination when work is considered outside the scope of these specifications. SECTION 16 - PAYMENT 16.1 The contractor will bill the City of Atascadero on a unit price basis, determined by the seasonal task frequency schedule, awarded units and confirmed work. The contractor may not charge more than the awarded unit without prior approval from the City of Atascadero. Invoices submitted to the City of Atascadero will be on a monthly basis. Confirmation of billing quantities by the City of Atascadero is required prior to submission for payment. 16.2 Compensation provided to the contractor for each unit of work represents all labor, materials, tools, equipment and incidentals necessary to complete and perform all work as set forth in these specifications. 16.3 The City of Atascadero reserves the right to adjust task frequency and/or delete any or all portions of work at any time as deemed necessary or advisable. SEE ATTACHMENTS Attachment A- Colony at Apple Valley Landscape Maintenance District Area Map rev 5/1/06 B-8 792119.3 EXHIBIT B Compensation and Method of Payment QUOTATION FORM—COLONY AT APPLE VALLEY LANDSCAPE MAINTENANCE (Complete and submit by the bid due data ineomPlete quotation forests wM not be aoeePted) acbm Cat bkkkir, *raw above mxudbaedandwib bre focef emfions norm g 610 P ad be cost orNre work to be dans.AembyDroV gad 6O*W isa,dssars�ad woAk(ktoltoasoF rbe iFndru�t9 otany mid arl Tabor; Mors. agmrde8de ege$rnrart and trartapor6�Con ss ulm nrc*saery Cru wodc and irk a wnris ae mannan br s6ict a000rdarce r :arta eB �e andkie/d��awslforCro peraoanrramsqu�e�+ck BUSINESSNJAW-- lit)- rT l `r�SGA�v DATE: Enter a price for ONCE time performance of each task,multiply by the monthly frequency to determine the monthly cost seciftw Task Answom Pries aur Oparrrarrce upath Frsauencv Total EdSff M0- 02-Litter Trash Cans AN ameal 7 Cans ea. S X4 $ no- tative Pavers WbW L$bsrand 24.299 of. $ X 4 $ "- 04-IffW016DW Sdtedule& dock Inclaw An needed Ott-Pest Como! dbd As needed 08-TMN Mok is mwm 10.241 st i X4 $ — 07-sidewalk Par kwaysl Median Strips- t X 4 $ ' 0 c{ Edile&Weed Conkal 44,321 SE S 07-S€dewa8k PatkMMysl Median S PruX 1 $ Prune 44.321 of i 07-Sidewalk ParkwsyW Median Sbips 2XY 1 $ 1 Fie 44.321 of. S 07-Sidmfa k Pmtairays/.Nle�r Sb" Z22.. Mulch 44.321 sf. i 1,73 3 X Y .25) s 08-Udgaled Ike bade/ — Edge&Weed Cord W,5096f S X4 $ 00-irrigated Landscape bade/ — Prtate 55.58 sf S Q X 1 S OB-Irr%pftd landscape beds! Fertilizs 55,509 at $ lim r 2XY _187) $ 08-i fil teA Landscape beds/ � Mulch M609 St. S T'S3 2 X Yearly(_16'7) $ WT Bedf V1faYc-ai Back area- 55.554 sf- $- 2 X Yearly(. an I 09-Tree Bedf Wal"M Bark tees- Weed Conbcl 55,508 of i , X1 $ 1Z7j 10-Trees Maintenance 134 ea. llmwAt 2 X Yearly Dan $ 11-Tort Makdeffiencelf mowing& 32,845 of. S ${1 X4 $ 11-Tref MohdwwswW Rwilli e. - Awate&Broadisiaf sinvy3'L,ti45 of. i {47.6 2 X Yearly .167) $ 12-Weed Open Space Ates 157.371 st S_vQ-70 3 X Yea dy(25) $ Bait S1 6,6W af. i 3 X Vesely(25) $ 0 Basin 412 6;1435 of • i 3 X Y $ -ALL NWWMIN�_A A Ail/LLL SPS ON 714E MAP REGARDLESS OF QUAW7iTY DSS Ed Twmam 771E AcwAL AND usTED QUAKWO& Total Monthly Cost-Al items: $ 9 S0 (lbrbid comparison purposes) rev 5/11106 B-9 792119.3 EXHIBIT C Insurance Requirements INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto) 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. rev 5/1/06 B-10 792119.3 Y Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the contractor; and with respect toliability arising out of work or operations performed by on on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85) 2. For any claims related to this project, 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. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indeminity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All 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, including endorsements effecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. rev 5!1!06 B-11 792119.3