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Jensen Landscape - Citywide Parks & Landscape Maintenance ServicesAGREEMENT FOR SERVICES (For contracts over $5,000 — NON - DESIGN, NON - ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 4 day of January, 2018, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: Jensen Landscape Services, LLC, having a principal place of business at 81983 Concourse Drive, San Jose, CA 95131. TERM OF AGREEMENT This Agreement will become effective on March 1, 2018 and will continue in effect through February 28, 2021 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall tenninate this Agreement regardless of any other provision stated herein. ccr Initial INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services / CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services. Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. COMPENSATION Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONTRACTOR exceed $935,007.86. Invoices CONTRACTOR shall submit invoices for all services rendered. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section M incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." OBLIGATIONS OF CONTRACTOR Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees. Indemnification of Liability, Duty to Defend As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. State and Federal Taxes The CONTRACTOR is not a CITY'S employee; CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf; CITY will not withhold state or federal income tax from payment to CONTRACTOR; CITY will not make disability insurance contributions on behalf of CONTRACTOR; CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. Prevailing Wage The CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. The CONTRACTOR shall ensure that all subcontractors are informed and are required to pay prevailing wages in compliance with the California Labor Code and the regulations thereunder. It shall be the duty of the CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov. OBLIGATIONS OF CITY Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. TERMINATION OF AGREEMENT Sale of CONTRACTOR's Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services. GENERAL PROVISIONS Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Time of the Essence All dates and times referred to in this Agreement are of the essence. CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of perfonnance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: Jensen Landscape Services, LLC �1 Name: Clint Christman Title: District Manager Social Security or Taxpayer Identification Number 204880717 Approved as to Fonn City Attorney CITY: CITY OF GILROY By: Name: Gabriel Gonzalez Title: City Administrator i SPECIFIC PROVISIONS PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Bill Headley, Parks Supervisor, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. NOTICE TO PROCEED /COMPLETION OF SERVICE NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Bill Headley, Parks Supervisor shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4835 - 2267- 0361v1 LAC104706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. OTHER PROVISIONS STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, and checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835 - 2267- 0361v1 _2_ LACk04706083 CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835- 2267 -03610 _3 LAM04706083 NOTICES. Notices are to be sent as follows: CITY: Bill Headley, Parks Supervisor City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Clint Christman, District Manager Jensen Landscape Services, LLC 1983 Concourse Drive San Jose, CA 95131 FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. Q If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. Covenant against Contingent Fees The CONTRACTOR warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835 - 2267 -03610 _4_ LA004706083 4835 - 2267- 0361v1 LAC104706083 EXHIBIT "B" SCOPE OF SERVICES LANDSCAPE STANDARDS AND SPECIFICATIONS 1. Landscape Maintenance Areas Landscape maintenance areas shall consist of City parks, landscaped City facilities, slope areas, medians, streetscapes, and trails, drainage channels, identified in the Contract Landscape Location Information Sheets. These areas shall include all turf, trees, shrubs, ground covers, planters, slopes, vines, sidewalks, paths, courts, courtyards, decks, park equipment, BBQs and group BBQ facilities, parking lots, roadways, medians, opens space areas, gutters, v- ditch, bike trails, street barriers, fence lines and irrigations systems. 2. Normal Hours and Days of Maintenance Services a. Contractor shall perform the required maintenance service daily between the hours of 6:00 a.m. and 6:00 p.m., seven days per week including holidays. No maintenance functions that generate excess noise, which would cause annoyance to residents of the area. Forest Street Park is specifically a no blower facility. b. The Contractor shall conduct the work at all times in a manner which will not interfere with normal recreation programs, special events, pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. c. Any modification in the hours and days of maintenance services as stated in the Contractor's Service Schedules/ Calendars are subject to approval by the City. d. Contractor shall be responsible for reviewing the minimum site visit frequencies as shown on Attachment B. 3. Personnel a. Positive public relations are an important part of this contract service. Services provide under the City -wide landscape service contact are a critical part of providing and maintaining these important public use facilities. Contract staff serves a vital role in delivering these public services. Contract staff must maintain both professional image and behavior whenever in contact with citizens. Contract staff shall be trained on how to handle public contact and provide the appropriate customer service. Contract staff must always maintain a neat and clean appearance and be easily identified by some type of company uniform. b. A background review and security clearance for all on -site contract employees is required. Contractor shall provide all needed information to the City's representative and make employees available for finger printing at a site to be determined. Contractor shall provide any background information needed for Department of Justice (DOJ) and Department of Motor Vehicles (DMV) drivers' record review. Further, a one -time drug testing or evidence of drug screening maybe required for background review. All cost for background check will be paid by contractor. c. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. d. The Contractor shall provide personnel knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies. e. The Contractor shall provide personnel capable of verbal and written communication in professional level English. Site Supervisor and Irrigation Tech shall have cell phone with email access. f. The City expects the Contractor's staff to give to city representative(s) all items lost or misplaced by the general public, regardless of perceived value found on contract sites. The Contractor shall communicate this expectation to all employees. g. Contract employees shall carry an ID badge with their photo provided by the City Human Resources Department. Contract employees shall produce photo ID when requested. h. The City will provide mandatory SMP training for all contract landscape maintenance staff regarding storm water management and operational best practices. City will provide Spanish/English translator. i. A contractor's representative shall attend City's annual traffic safety class. 4. Service Changes The City reserves the right to make additions, deletions, revisions and/or otherwise modify the General and Specific Landscape Maintenance Specifications or change the frequency of the services during the contract period. A Request for Quote will be issued for additional service work or one time contract work. A change order will be issued with a two -week notice. Any change in Specification that causes the contractor to suffer additional expenses shall be adjusted based on the fee schedule or negotiated upon written justification. 5. Vandalism and Repair of Damage Contractor shall report any damage to City property, including but not limited to, vandalism, acts of God, and third party negligence, to the City representative. If the Contractor, its employees or subcontractors cause damage to any City facility then the Contractor shall repair such damage at its own cost within a reasonable time or the City may repair or cause the repair of such damage and the cost thereof shall be deducted from monies due to the Contractor from the City. 6. Protection of Existing Sites and Structures The Contractor shall exercise due care in protecting from damage all existing sites, structures and utilities both above surface and underground on the City's property. Any damage to City property deemed to be caused by the Contractor's negligence or failure to use due care shall be corrected or paid for by the Contractor at no cost to the City. If the City requests or directs the Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release the Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 7. Service Frequency and Schedules Inspect and service every site base on the sample with once per week as a base standard. Less frequent or more frequent services may be approved as necessary to insure specifications and standards are met. The Contractor shall, within ten (10) working days after the effective date of the Contract, submit a work schedule to the City's representative(s) for review and approval. Said work schedule shall be based on a twelve -month calendar identifying and delineating the time frames for the required work by the day of the week, morning or afternoon. The Contractor shall submit revised schedules / calendars when actual performance differs substantially from planned performance. Said revisions shall be submitted to the City's representative(s) for review and, if appropriate, approval, within five (5) working days prior to scheduled time for the work. At the discretion of City staff, weekly inspection meetings will be held(or more frequently if deemed necessary by the City) between the Contractor and the city representative(s) are to be scheduled to determine progress, review weekly site inspections and address any changes in schedules, problem areas, etc. Contractor shall notify the City, in writing (email), at least two (2) weeks prior to the date and time of all pre- approved "Specialty Functions." "Specialty Functions" are defined as: a. Fertilization b. Tree Trimming/Management c. Aeration of Turf Performance during Inclement Weather During the periods that rainfall hinders normal operations, the Contractor shall adjust its workforce to accomplish those activities that are not affected by weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. Leaf and down branch pickup and drain clearing are a high priority. Rainy days are not an excuse to pull workforce from city. Contractor shall continue landscape tasks that can be safely preform in the rain. Such as sidewalk pruning, low limb removal, or items that city contractor inspector points out. 8. Extra Work/ Excluded Work The following tasks shall be treated as extra work items: a. Soil testing b. Major tree trimming. Major tree trimming is defined as work that requires an aerial lift (bucket truck), tree climbing or work that cannot be done from the ground with a pole saw or pole chain saw. c. Filling of holes in turf or shrub beds. (filling minor holes is included in. the Contractor's work) d. Major irrigation repairs such as controllers, mainline repairs, valve replacement, and irrigation wire repairs, pumps, and backflow devices. e. Turf over seeding and top dressing will be handled by city staff. f. Debell Uvas Creek Park Preserve open space / channel, Christmas Hill Park Hillside, and overflow parking area shall be done by city staff. g. Doggie Bag Dispenser Maintenance and /or refilling with new bags. h. Recreation Program support including ball field prep i. Facility reservation support and customer response j. General Park, playground and building repairs. k. Electrical system maintenance and repairs 1. Raking and cleaning of playground surfaces such as sand and wood fiber shall be done by city staff. Concrete surfaces around playground areas are to be cleaned (blown off) during the service schedule by contractor. Contractor will rake leaves, pick up garbage and debris during the scheduled service day in the playground areas. 9. Garbage, Litter and Debris Removal a. Garbage, litter, and debris shall be removed as needed to prevent citizen complaint and prepare turf areas for mowing and general facility use. Trash containers shall be serviced and emptied when 1/3 full or when there is detectable odor. b. Site Service frequency is shown in Attachment B. c. Garbage can liners shall be supplied by the Contractor and be of a quality approved by the City representative. Garbage can liners shall be replaced when cans are emptied. d. Litter and plant debris will be removed from landscaped, hardscape, and adjacent open space areas on a regular basis to achieve neat, clean, and attractive facilities. Landscape debris will not be blown into streets and left unless collection of such debris has been previously approved and coordinated with city staff. e. Heavy litter and garbage days will require that multiple service vehicles and staff be provided. Aggressive mobile staffing levels for cleanup will be needed on Sundays, Monday, and day after holidays to ensure prompt removal of litter and garbage at contract sites. f. Shopping carts and garage sale signs in and on the perimeter of contract sites shall be considered part of the garbage and litter removal service. Functioning shopping carts are to be placed in the corner of the employee parking lot. Non - working shopping carts are to be loaded into the metal bid in the yard. g. Disposal of garbage, litter, and debris shall be made at the City yard disposal areas and any available on -site trash dumpsters. Alternate yard waste disposal sites other than the City yard may become available and will be reported to the Contractor by the City representative. Contractor shall have dumping capabilities so waste will be kept inside bunker in the yard. h. Additional Garbage Cans: Contractor shall include in the price an additional service of 25 additional garbage cans. These garbage cans will be installed purchased and installed by city staff. 10. Landscape Maintenance (Facilities, Parks, Trails, Slope Areas, Parking Lots) A. GENERAL (items below to be done per service schedule) 1. All animal feces or other materials detrimental to human health shall be removed per the service schedule. 2. All broken glass and sharp objects shall be removed per the service schedule. 3. All areas shall be inspected per the service schedule and maintained in a neat, clean, and safe condition at all times. 4. All areas shall have leaves and debris removed per the service schedule. 5. All areas shall be inspected for vandalism, safety hazards, and serviceability per the service schedule. Deficiencies shall be reported in writing immediately (email) to the City. 6. All sidewalks within the City areas shall be swept or cleaned, if necessary, to remove any glass or heavy debris. 7. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. 8. All leaves, paper, and debris shall be removed from landscaped areas and disposed of offsite. 9. Trash cans provided by City shall be emptied per the service schedule. Contractor shall provide plastic liners for all trash cans at Contractor's expense, to be changed, not emptied, per the service schedule. 10. All "V" drains shall be kept free of vegetation, debris, and algae to allow unrestricted water flow. 11. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City. B. HARD SURFACE AREAS 1. All areas shall be swept weekly to remove all deposits of silt and/or sand. Any unsafe condition shall be removed upon discovery per the service schedule. 2. All areas shall be inspected per the service schedule and maintained in a neat, clean, and safe condition at all times. 3. Tennis, handball, bocce ball and basketball courts should be blown off according to the service schedule as needed. 4. Park barbecues to be cleaned on Mondays and Fridays. C. BICYCLE/WALKING TRAILS /ASPHALT WALKWAYS/ TRAILS Special emphasis shall be placed on edging along these areas to prevent damage to asphalt by vegetation. Bicycle /walking trails shall be kept free of encroaching vegetation. All trail should be kept weed free 24" from edge of trail. 11. Plant Care Tree, Shrub and Ground Cover Maintenance The latest edition of the Sunset Western Garden Book shall be the general guidelines and reference tool for care and maintenance of all plant material. A. Shrubs and Ground Covers 1. Pruning will be done in a manner to enhance the natural form of the plant and maintain the design intent for the landscape. However there are or can be landscaped areas with security concerns that will require different pruning for safety visibility. The City representative will notify Contractor of special pruning sites. 2. Typically, shrubs which are planted along walls and fences should be maintained in a manner which will allow the plant material to soften the hard structural feature. 3. Where the design intent is to have sweeps of shrubs, the plants shall be allowed to grow together. 4. In some areas, it may be more appropriate to remove some shrubs entirely and allow adjacent plant material to fill in rather than try to keep the plants in bounds with repeated pruning. 5. Keep shrubs and ground cover 6 " -12" from buildings, walls, trees and shrubs. Shrubs and ground cover shall not be allowed to encroach upon walks or curbs. 6. City will provide a species specific and site specific pruning guideline appendix for selected plants to the company awarded contract. 7. Examples of plant care we expect shown below. a) Vines and overhead vegetation (up to 18') on or over hanging walls boundary fences shall be trimmed from growing on private property, i.e. the back side of wall. This does not apply to existing vines have already grown over. If adjacent property owner requests ivy or vegetation trimmed from top of wall, contractor shall be required to remove it. b) Hedge plants shall be allowed to grow together. c) Rosemary and like ground covers to be cut back to 8 -12" in height. Except where rosemary is already overgrown. d) Ornamental grasses are to be pruned back during the winter months. e) Ground cover roses are be encouraged to grow together and are to be kept under 24" in height. f) Spring flowering perennials are to be cut back after flowering. Examples Lavender and daylilies. g) Oleanders on South Monterey are to be pruned back every two years. h) A three foot radius of free space shall be maintained around all fire hydrants. Low ground (under 6 ") cover is ok. 8. Allow plants to grow to their natural shape. 9. All shrubs and ground cover is to be trimmed not to interfere with irrigation operation or to encroach on to private property or Right -of -Way. Line of sight traffic safety issues as identified by City engineering Department will also determine proper height and appearance. 10. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. 11. All shrubs are to be trimmed symmetrically in natural form and proportion, but not to interfere with vehicular and pedestrian clearance, visibility and access, unless otherwise directed by a City's representative. Prune shrubs to encourage healthy growth habits, natural form and proportion, symmetrical appearance and proper vertical and horizontal clearance. Line of sight traffic safety issues as identified by City Contract Inspector will also determine proper height and appearance. B. Trimming and Care of trees includes: LQualified Professional personnel shall perform all pruning. Only recognized and approved methods, techniques and standards shall be used. Trees pruned improperly or damaged will be replaced by Contractor with plants of the same appropriate size as determined by the City inspector. 2. All tree pruning shall conform to the Best Management Practices for Trees published by the International society of Arboriculture and adhere to the most recent edition of the American National Standards for Maintenance Tree Care Operations (ANSI A330) 3. Contractor shall raise trees as needed or directed by city staff and /or designated representative. 4. Pruning of trees shall be done for the following conditions: a. To maintain clearance for pedestrians (8 feet), road ways for vehicles (15 feet), or from facilities (5 feet). b. Property line/boundary pruning for both balance and good neighbor pruning for sound walls, parks, and pump stations areas c. To provide visibility site lines of pedestrians and motorists. d. To maintain walkways and maintenance bands free from obstruction and /or safety issues. e. To improved or enhance tree growth. f. To eliminate or reduce potentially unsafe conditions. g. To correct shape, particularly for wind disfigurements. 5. Remove no more than 20% of live foliage within the trees during one pruning operation. 6. All cuts shall be thinning cuts as opposed to heading cuts. This means leaving a lateral branch no less than 1/3 the diameter of the parent branch, or completely removing the branch at its point of origin. 7. All cuts shall be distal to the branch bark ridge or, if present the branch collar. The cuts shall be close to but shall not injure the branch collar. 8. Interior branches shall not be stripped out. Liontailing is not permitted. 9. Contractor shall prune young trees under 18 foot in height to develop permanent scaffold branches, remove crossing branches, remove diseased or damaged growth, or eliminate narrow branch crotches. 10. Major tree trimming is not included. Major tree trimming is defined as work that requires an aerial lift (bucket truck), tree climbing or work that cannot be done from the ground with a pole saw or pole chain saw. 11. Trees shall be inspected regularly for hazardous conditions. Corrective action shall be promptly performed by the contractor and the city notified. 12. Contractor to coordinate with city staff on large pruning projects so city can chip branches. A notification of ten working days is required in non - emergency conditions. 13. Periodic re- staking and tying shall be done as needed. Plant ties shall be checked frequently and adjusted to prevent girdling. Trees shall not rub against stakes at any time. When trees no longer require the support of stakes, contact the city for authorization to remove staked and ties. 14. Young trees which are leaning due to under developed truck caliper will be staked at the direction of the city. 15. Fallen trees or branches shall be promptly removed. Promptly notify the City for large trees down. 12. Landscaped Roadways, Roundabouts, and Medians 1. The scope of work for medians not only includes the landscaped areas but also those areas. of the median that are attached or directly adjacent to cobble /concrete hardscape per its design. (Noses and turn lanes are examples of this condition). 2. Plant material shall not be allowed to obstruct any site line of vehicular traffic, and shall be kept below 36" in height from the road surface in any areas where traffic site lines may be impacted. City Traffic Engineer and Landscape Inspector may provide direction as requested for proper maintenance. 3. Irrigation shall be adjusted and inspected as often as needed to insure no unsafe condition is created by irrigation run -off onto road surface or over spray onto vehicles. 4. All maintenance personnel shall wear class 3 safety vests while working on medians, and at no time shall major work be performed in the roadway without City approved Traffic Control Plan and all required traffic control signage in place. 5. Contractor is responsible for insuring that all median maintenance is performed in a safe manner and that no hazard is created by such operation. 6. When closing a lane for landscape maintenance work an electronic sign board (arrow) shall be used in high speed and/or high traffic areas (i.e. Santa Teresa). Work shall only be performed on the closed lane side. 7. Cones are to be bright orange. Old and faded cones shall be replaced. 8. Notify city staff when high speed or high traffic areas are to be serviced via email. 9. If the work (minor work) to be performed in medians and roundabout will take less time to complete then the time it takes to set up traffic control, then no traffic control is necessary. An example would be weed spraying, litter control, or irrigation maintenance. 13. Turf Care A. Turf Mowing 1. The contractor shall not mow, or use any equipment of turf areas when frost is present or if the turf is saturated or standing water is present. Mowing should not begin until turf area is free of litter and trash. 2. Mowing shall be accomplished with rotary mulching mowers. Blades shall be kept sharp to produce a clean cut. Mowers shall be kept clean and free of fuel, oil, hydraulic fluid, and grease leaks. 3. Mowing equipment shall be washed between sites to minimize the spread of weed seeds. 4. Mowing patterns shall be alternated to avoid creating ruts and compaction. 5. Use caution when mowing berms or uneven areas to avoid scalping turf. Rodent dirt mounds need to be knocked down, spread, or removed so as reduce turf loss until rodent activity is abated. 6. Mowing shall typically be performed as needed from December through March and at least weekly from April through November. This is a guide only and will vary based on weather. Mowing shall be frequent enough so that no more than 1/3 of the leaf is removed at each mowing. During active growing season, mowing may need to be done twice weekly on play fields. Mowing height shall be 3 1/2 "unless otherwise directed by city staff. Sports Field mowing heights may change during seasonal play. 7. All clippings shall be efficiently mulched to leave no visible trace or picked and removed only when necessary and removed to a designated dumping site. At no time shall unsightly clippings be left before vacating site following mowing operation. 8. Contractor shall have a spare mower of comparable size available within 24 hours of a mower breaking down. 9. Keep grass clippings away from waterways and out of the street. B. Turf Aeration 1. All turf (not including the no -mow turf) shall be core aerated in September /October. Cores should be reincorporated into the turf. Core size should be %2" diameter. Alternative methods of relieving compaction may be authorized by City. a. Core aerate Christmas Hill Park & Ranch site, San Ysidro Park, Los Arroyos Park, Sport Park, and Sunrise Park again in April. 2. Prior to any cultivation activity, all irrigation heads, valves, and utility.boxes shall be Ragged. The soil shall be allowed to dry prior to cultivation. C. Edging 1. When turf abuts concrete walk ways or concrete mow band, turf shall be edged with a metal blade edger. If a spin trimmer is required to edge around utility boxes, or wooden header boards, it shall be held so that the cut is vertical. A bevel cut will not be used. After mowing or edging hardscape (walks /drives /patios /streets) shall be swept or blown clean. Debris will not be left in street gutters or and removed before vacating site. 2. Tree wells are to be maintained with a neat turf edge and wells shall be kept weed free. 3. Chemical edging shall not be used anywhere. D. Turf Fertilization 1. Fertilization schedule for all turf shall be: a. March/April 44 -0 -0 Polyplus SL b. Late August, early September 16 -8 -8 c. October - November 44 -0 -0 65% Polyplus SL Urea 2. Granular gypsum at a rate of 5# 11000 square feet will be applied to the Sports Park and Christmas Hill /Ranch sites in September /October 3. Granular sulfur at a rate of 5 #.1000 square feet will be applied to the Sports Park and Christmas Hill/Ranch sits in September /October 4. The Sports Park is equipped for fertilizer injection. This may be used to supplement the above and possibly replace some of the granular applications. 5. The above is a guide and may be adjusted based on turf conditions and weather. 6. Fertilizer use shall be reported with pesticide use. E. Turf Pest control 1. Weeds - The contractor is to submit a turf weed control plan that will lead a substantial reduction in turf weeds. This turf weed control plan is be submitted to and accepted by the City. Failure of contractor to apply herbicides according to the plan will result in "service not provided" actions. No pesticides, herbicides, or other chemicals may be used in or around Low Impact Development Structural Control Measures such as Bio- retention ponds, bio- swales, or infiltration ponds of any kind. 14. Pest Control 1. Non -Turf Weed Control Plan- Develop an annual weed control plan that your company feels would produce a cost effective approach that provides high quality results for shrubs and ground cover, annual flowers, bike /walking trails, open space edges/ post and cable /fence lines, and hardscape (cracks and crevices) including sidewalk, curb and gutter frontages. Control weeds with pre- emergent herbicides and selective systematic herbicides or through mechanical means, i.e. mowing, hoeing and weed whipping. 2. Village Green Park Site and open space areas west of Hecker Pass Park along Uvas Creek Bike Trail (Debell & Uvas Creek Linear Park) -Sites are to be mowed after wildflower bloom (by June 1) and as needed after first mowing. Develop a plan to eliminate Yellow Star Thistle, Dittrichia graveolens, and other invasive weeds which will allow wildflowers to thrive. 3. Written Pest Control Recommendations - A written pest control recommendation from a licensed pest control advisor will be required for all pesticide applications. The contractor shall provide copies of all recommendations to the City at least _5_ working days prior to application. Recommendation shall take into consideration drainage to water ways (Uvas Creek), drain inlets, and adjacent schools. Recommendation shall evaluate pesticides used and application activities performed and identify pollution prevention and source control opportunities. 4. Prohibit application of pesticides, herbicides and fertilizers as required by the regulations DPR 11 -004 Prevention of Surface Water Contamination by Pesticides enacted by the Department of Pesticide Regulation. 5. No spraying shall be within 48 hours of predicted rainfall with greater than 50% probability as predicted by National Oceanic and Atmospheric Administration (NOAA). 6. Collect and properly dispose of unused pesticides, herbicides and fertilizers containers. 7. Do not spray weeds in playground areas. Weeds are to be removed manually. 8. Reoccurring unwanted plants (i.e. berry bushes, poison oak) are to be sprayed to kill plant roots or removed by digging up root system. 9. Trees in turf - maintain a minimum 3 ft. radius weed free. 10. Product Use Summery - Prior to the 15th of the month, the contractor shall provide to the city a summary of pesticides used the prior month. Provide the product EPA registration number and the amount of product used. 11. Posting — post all entry areas with spray notices when broadcast spraying public use areas and verbally notify public visitors when spot spraying when in the area. Remove facility spray notices when spraying is complete unless product label provides for different posting requirements. 12. Spray marker — the routine use of spray marker dyes is discouraged. Contact the City if such use is desired 13. Moluskacides should be iron phosphate based or other City approved control 14. Rodenticides applied for gopher control must be applied into underground burrow. Rodenticides applied for ground squirrel control must be placed into secure bait stations. The City must approve bait station design and location. Applicators applying restricted use rodenticides must hold appropriate licensing 15. Pest Control Licensing — The contractor shall have a qualified person who holds the appropriated California Department of Pesticide Regulations licensing oversee all pesticide applications. If restricted materials are used, the applicator must be licensed. 16. Trails — keep trail shoulders free of weeds 24" from any trail hardscape edges. Concrete fences shall be kept weed 12 inches into preserve areas. 17. Minimal insect control is practiced and is to be handled on a case -by -case basis. This is included in the contract. The City will not be charged for this service. 18. Minimal disease control is practiced and is to be handled on a case -by -case basis. This is included in the contract. The City will not be charged for this service. In the last five years no disease control was necessary. 19. Rodent Control a.All mounds, burrows, or other minor damage shall be discovered in a timely manner and repaired by Contractor. Rodent problems should be identified and reported to the City in their early stages as part of weekly inspections before causing critical damage to areas. Lack of early discovery will be considered negligence on the part of the Contractor. Depending on the scope of the problem, rodent control in the form of baiting or trapping will be recommended and scheduled work. b.Gopher. i. The contractor shall obtain a written pest control recommendation from a licensed Pest Control Advisor for baiting for gopher control. All bait shall be placed below ground in the burrow system. Any spilled bait shall be promptly picked up. Any dead gophers found on the surface shall be collected and properly disposed of. ii. If trapping is to be used all State Regulation must be followed. If trapping is to be used, contractor shall notify and get City's approval on sites and locations. Dead gophers must be disposed of properly. iii. The contractor shall comply with all other provisions of pesticide requirements. iv. The contractor shall promptly remove or disperse any soil mounds discovered on the turf. V. City to work with contractor to set up bait station for squirrels if necessary. vi. No use of chemical control measures for rodents in Low Impact Development Structural Control Measures such as Bio- retention ponds, bio- swales, or infiltration ponds of any kind is allowed under this contract. c. Most landscape site rodent control shall be handled on a case by case basis and coordinated with City representative. Contractor shall provide a cost to include 100 site visits per year on the Attachment B Fee Schedule. This will be done on a "call out basis ". d. These parks sites below will need site visits /treatments a minimum of every other week to control gophers, ground squirrels and moles. • Carriage Hills • Casper Park (Future Park Site) • Christmas Hill Park/Ranch • Farrell Park (Future Park Site) • Hecker Pass Park (Future Park) • Las Animas • Phase 1 Heartland West Debell & Uvas Linear Park • San Ysidro • Sport Park • Village Green Park 15. Irrigation a. The contractor shall have designated Irrigation Technician on site who will do only work on irrigation. b. Contractor and its employees shall bi- weekly (every two weeks) inspect and test all irrigation systems for system operability; component malfunctions, and adjusts schedules to address weather changes and irrigation requirements. Any signs of irrigation malfunctions will be immediately addressed and system checks will become as frequent as necessary to insure problems are fully resolved without any further damage. These inspections may also become more frequent in certain areas that are under observation due to chronic malfunctions or vandalism. Between November 1 and March 1 if systems are turned off because of weather conditions, monthly inspections will be acceptable to insure that there has been no damage to the systems. c. After Value -The contractor shall be responsible for all labor for the irrigation repairs after the valve including the solenoid, rebuilding of the valve, lateral lines, and sprinkler heads, and including adjustment to sprinklers. Contractor to bill the City for all irrigation material costs plus a fifteen (15) percent markup. d. Before Valve: Replacement of remote control valves, rebuilding or replacement of quick couplers, flow control valves, master valves, backflows and mainline repairs are not included and shall be billed to the city at an hourly rate basis or on a bid basis. The city's representative will ok work to be done on case by case basis. All irrigation materials used will be charged to city at cost plus a fifteen (15) markup. e. An irrigation audit shall be done during the winter months listing all extra work that should be done to improve system efficiency, i.e. raised heads, upgrading of nozzles and delivered to the city representative by the end of February. f. Under no circumstances can a system go unchecked long enough to cause any problems with startup when weather conditions warrant systems to be fully operational. Contractor shall set and program automatic controllers for seasonal watering requirements. g. Non - central station controllers. The contractor will be responsible for adjusting non- central controllers. A sign in sheet shall be placed inside each irrigation controller box that designates by date and signature each time the system is inspected or adjusted. h. All replacement materials are to be with new original types and models materials, unless a substitute is approved by City representative. i. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems. j. Contractor shall implement repairs in accordance with all effective warranties, and no . separate payment shall be made for repairs on equipment covered by warranty. k. Notify the owner in writing of any conditions that are discovered which may prevent the system from delivering the correct amount of moisture. 1. Adjust risers and sprinkler locations to compensate maturing landscape. This work will be done at an additional cost. The Irrigation Technician shall notify city staff of needed work. m. Reflect actual evapotranspiration (E.T) requirements and requirements of soil and plants when programing controllers. n. Eliminate runoff onto streets, sidewalks, and other non - target areas by using Cycle /Soak when programing controllers. o. Provide sufficient time for soil to dry out between irrigations. p. Program controllers to maximize public use of City property. q. Repairs of any irrigation components or property damaged by Contractor or as a result of negligence, error or omission by Contractor shall be the full responsibility of the Contractor. r. Remote control valves A variety of RCVS are used though out the city. The predominant valve is the Weathermatic 21000. Griswold 2000 is used at El Roble Park, San Ysidro Park, and Las Animas Park. Portions of Las Animas Park also use Rain Bird PEB. Griswold S series valves are used at Las Animas Fire Station and the Museum. If an S series valve requires replacement, it will be changed out to a PEB. Carriage Hills Park and Sunrise Park use Hunter ICV. A few sites will still have Rain Bird EFA, EF, and GB valves. If a valve requires replacement, contact the city for a determination as to which valve to use. s. Quick coupler valves The standard quick coupler valve is the single slot Rain Bird 44 or Buckner QB44RC 10. A few 3/" valves may be found in some older sites. 1" Acme thread valves are used on recycled water lines at the Sports Park and Christmas Hill. Quick couplers repair is a City of Gilroy responsibility. t. Master Valves & Flow Sensors- Master valves used are normally open Superior 3300. Del Rey Park and the Ranch Site use Griswold normally open 2160 valves. Rainbow Park and Leavesly at Arroyo Circle use normally closed valves. Master Valves and Flow Sensors are the Cities responsibility to repair. u. Fixed Spray heads 1. The standard pop -up fixed spray head is the Rain Bird 1800 series SAM -PRS. Twelve inch pop -up is typically used in ground cover, shrub, and bedding plant areas. Four inch has been used in turf. If it is necessary to replace a four inch body in a turf area, it should be upgraded to a six -inch pop -up. 2. Hunter twelve -inch INST pop up heads were used at several sites. If new internal piston assemblies are needed for these, contact the city. The city will provide these while supplies last. After supplies are exhausted consideration will be given to changing these out to Rain Bird heads as needed when making repairs. 3. All heads used on recycled water lines must be equipped with purple caps. 4. New Casper Park has Toro Precision nozzles v. Rotor Sprinklers A variety of rotor heads are used in the city systems. Some sites are slowing being upgraded as heads require replacement. The predominant heads are Rain Bird 6540, and 8005. From the Hunter line we use the 1 -40, I -20, I -60, and we may introduce the 135. There are still some impact .heads used at San Ysidro Park, Las Animas Fire Station and Christmas Hill Park. Heads used on recycled water systems must have purple caps. If heads are changed, ensure that the appropriate size nozzle is used. Do not assume that the nozzle size in place is always correct. w. Drip 1. Drip irrigation is used in the medians on Santa Teresa and Tenth Streets, as well as at City Hall, the Library, and Wheeler. In general when drip is used we go with a' /2" in -line emitter product such as Agrifim or Netafim. We try to avoid on -line emitters and the use of I/" tubing, although these may be found at City Hall. Purple drip line must be used on the gray water system at the Library. When making repairs on these systems verify that the product used has the appropriate flow rate. Amiad is the filter typically specified, and when possible it is installed on the supply side of the remote control valve. Pressure regulators used are Senninger, Nelson, or other approved product. 2. New sites in the City such as Casper Park, Hecker Pass Park, 3`d & Santa Teresa Roundabout, Luchessa/Thomas roundabout, and Luchessa Soundwall and median use buried inline drip. x. Flow Sensors Data Industrial (Badger) flow sensors are used at many sites. Y. Pumps 1. A variety of pumps are used in the system. The pumps at Del Rey Park, Ranch Site, and the Oakbrook Soundwall on Luchessa at Thomas Road are started by the controller. All other start automatically on pressure drop or flow. Pump maintenance will be handled by the city. 2. New Park site Casper Park and Farrell Park will use pumps. Pump maintenance will be handled by the city. z. Controllers and Programming 1. The standard controller used on city facilities is the Rain Master Evolution (approximately 60). Most of these are linked to a central station computer at the Parks Office at the Gilroy City Corporations Yard. There are a few small sites with stand -alone Rain Bird, Hardy, or Irritrol controllers. There are two sites with battery operated controllers. As time and funds permit, the stand alone controllers will be upgraded and linked to the central. Most of the on -line controllers are linked to flow meters and master valves and will shut down the system if high or unscheduled flows are detected. Low flow and electrical faults are also detected by the central system. The central controller is linked to an on -site weather station and that data is used to adjust station run times and shut down during unfavorable weather events. The landscape contractor is expected to communicate with city staff regarding site irrigation needs and to program stand- alone controllers. The contractor is also responsible for promptly shutting down stand -alone controllers as needed during rain events. The city will service irrigation controllers. 2. City staff will program controllers which are on -line with the central system. Irrigation programming will be coordinated around facility use. 3. The general guide for irrigation is to water deeply but infrequently. The soil surface should be allowed to dry between irrigations. Typically three irrigations per week is sufficient for turf. Irrigation schedules must take into account public use of the facility and hydraulic capacity of the systems. Irrigation programming will be coordinated with the city. 4. The landscape contractor is expected to communicate with city staff regarding site irrigation needs and to program stand -alone controllers. The contractor is also responsible for promptly shutting down stand -alone controllers as needed during rain events. The city will service irrigation controllers. 5. Upon completion of work, verify that all cabinets are properly locked before leaving the area. Due to the potential damage to systems from leaving a cabinet unlocked, this type of infraction will be considered a serious act of negligence by the contractor. 6. When site irrigation is checked or serviced the Irrigation Tech shall sign and fill out Controller Maintenance sheet provided in each controller. F. Recycled Water: The Sports Park, Casper Park, Hecker Pass Park, Village Green Park, the new 3th Street/Hecker Pass landscaping, Christmas Hill Park & Ranch site is irrigated with recycled w water. This is disinfected tertiary treated waste water which is provided by the South County Regional Wastewater Authority. All irrigation water used at the Ranch is recycled water. The main Christmas Hill Park site uses a mix of domestic water stations with the exception of the full circle stations on the major and minor ball fields which are irrigated with recycled water. At the Sports Park, the infield turf is irrigated with domestic water. All other irrigation at the Sports Park is recycled. All irrigation heads and pipe shall be color coded purple or otherwise labeled. Only Acme threaded quick couplers shall be used on recycled water systems. Employees working on sites with recycled water shall be trained on the precautions to use. The contractor foreman or supervisor is encourage to attend the annual supervisors training conducted by the South County Regional Wastewater Authority. Contact the city for additional information on this. G. Gray Water: The library landscape is irrigated with gray water. The water is treated; however, it is not disinfected. The water is used for drip and bubblers only. The gray water may not be sprayed or otherwise discharged to the surface. The gray water irrigation main line is under continuous pressure. Drip line, bubblers, and piping used for gray water shall be colored purple. Valves used for gray water shall be tagged as non - potable. The city will maintain the gray water treatment tanks and pumps. Employees working on the gray water system must be advised of precautions to use. 16. Care for Storm Water elements -Low Impact Development Structural Control Measures (LID SCMs) There are three small Bioretention Ponds on Babb's Creek. Bioretention Features and Maintenance & operations work includes: • Report and fix any pedestrian paths that develop. Contractor shall notify the City to the presence of any pedestrian paths that develop. Contractor shall work with the contractor to rectify the problem. • Remove all trash and debris on service schedule. • Fix rodent holes and erosion with proper materials per design specs. • Manually remove all weeds. • Trim over -grown plants that are blocking the inlets or outlets, or if they are growing into the public right -of -way. • No pesticides, herbicides, or other chemicals may be used in or around the Bioretention features. • Remove sediment buildup at the bottom of the Bioretention feature. Sediment buildup of over 1 cubic yard shall be removed by the City. • Replace dying or dead vegetation, as needed. Plant replacement is not included in this contract. Contractor shall notify the City of dying or dead vegetation. City will contract with contractor to replace plants. • Adjust irrigation schedule, if needed, for healthy plants. • Report and fix odors. If there is an order problem contractor shall notify the City. Contractor will work with the City rectify problem. • Report and fix any pedestrian paths that develop. Contractor shall notify the City to the presence of any pedestrian paths that develop. Contractor shall work with the contractor to rectify the problem. • Control Rodents in Bioretention features by non - chemical means. Bioswales (Along 3rd Street and Hecker Pass Park) Features work includes: • Water must flow downstream to inlet. Confirm there is no evidence of long -term ponding which causes dying plants and /or bare spots at the bottom of the swale. • Fix any flow paths that develop. • Remove all trash and debris on service days. • Fix rodent holes and erosion with proper materials per design specs. • Manually remove all weeds. • Trim over -grown plants that are blocking the inlets or outlets, or if they are growing into the public right -of -way. • No pesticides, herbicides, or other chemicals may be used in or around the swales. • Remove sediment buildup at the bottom of the swale. Sediment buildup of over 1 cubic yard shall be removed by the City. • Fix ponding by replacing soil per design specs. This shall be done by the City or contractor shall be contracted to make repairs. • Replace dying or dead vegetation, as needed. Plant replacement is not included in this contract. Contractor shall notify the City of dying or dead vegetation. City will contract with contractor to replace plants. • Adjust irrigation schedule, if needed, for healthy plants. • Report and fix odors. If there is an order problem contractor shall notify the City. Contractor will work with the City rectify problem. • Report and fix any pedestrian paths that develop. Contractor shall notify the City to the presence of any pedestrian paths that develop. Contractor shall work with the contractor to rectify the problem. • Control Rodents in Bioretention features by non - chemical means. Garlic Festival Contractor will coordinate with the City with pre and post festival service level changes during the two week impact of this special event. Locks, Deficiency, Severance and Termination Locks and Keys The Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. The Contractor shall properly use and keep safe all keys or locks issued or used by the City to the Contractor. The contractor shall report all lost or stolen keys or locks to the City representative(s) within twenty -four (24) hours after discovery of the loss. The Contractor shall reimburse the City for the total cost, as determined by the City, of replacing the lock, re- keying the site or duplicating additional keys. Upon termination or cancellation of the Contract, the Contractor shall immediately return all keys, cards, remote controls, etc., to the City. The Contractor shall reimburse the City for the total cost, as determined by the City, for the total cost of keys not returned. Deficiency Notice Procedures a. Deficiencies will be recorded and presented to the contractor via e-mail, fax or U.S. Mail. The Contractor shall respond within 24 hours with a plan to remedy and to prevent future occurrence, Contractor will be responsible for providing follow up documentation. Contractor supervision is responsible for re- inspection of problem areas before notifying the City the problem has been resolved. b. Contractor's management team must be available for face -to -face meetings called by the City within 48 hours of notification. c. Failure to resolve the problem will result in a written vendor "Non - Compliance " report seeking a written response from the contract management outlining a permanent resolution to the problem. Patterns of complaints, which may indicate the contractor's failure to adequately staff, train and supervise, shall cause a face to face meeting with the highest level of the contractor's management deemed necessary by the City in order to clarify the contractor's obligations and produce a written work plan and time frame for remedying the deficiencies. d. Failure to resolve a written "Non- Compliance contract services notice " will result in one or all of the following: i. Payment deductions to the Contractor for services not performed per contract where City had no or reduced service. ii. Termination of selected contracted service area/s because of contractor's continued failure to perform in the designated areas. iii. Total contract termination for failure to perform after repeated "Notices of Non - Compliance" have been issued. iv. Contract works that the contractor failed to preform and City staff was compelled to perform and must fill in for, will be back charged (labor and equipment) to contractor. (Example: contractor fails to mow turf as scheduled. City may to do work and back charge contractor.) Right of Severance and Termination 1. Remove worker: The City shall have the right to request removal of any specific Contractor worker from City contract properties for the following: a. The City reserves the right to request removal of any specific Contractor worker if the worker is deemed by City to be incompetent or negligent based on worker's inability to execute required project tasks. b. For failure to adhere to the City's standards c. For worker misconduct. 2. Terminate contract: City reserves the right to terminate this contract with Contractor upon 10 days advance written notice should Contractor fail to meet obligations of the contract as noted under Deficiency Notice Procedures (d. iii above). Such failures include, but are not be limited to: a. Consistent failure to respond to requests for service or to remedy contract deficiencies, b. Consistent failure to provide qualified, trained workers and supervisors, c. Contractor failure to keep City informed. 3. Back charge —City will bill Contractor for work not performed where city staff had fill in. One Site Safety Maintenance and Operation of Equipment and Vehicles The Contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment and vehicles. Contractor shall repair or replace, immediately, all equipment deemed by City to be unsafe, irreparable or in unsatisfactory condition. All vehicles shall have the contractor's name visible to the public. Contactor shall operate equipment and vehicles so as to minimize service vehicles driving off pathways and hardscape onto turf and planters with irrigation and plants and prevent damage. Contractor shall use street frontages and parking areas rather than pathways and sidewalks when possible operating vehicles in contract sites. String Trimmers Contractor shall train staff and operate all string trimmers in a safe manner. Training shall include proper techniques in avoiding flying debris and protecting staff, pedestrians and vehicles from harm. Care shall be exercised with regard to the use of string trimmers to prevent damage to building surfaces, walls, header board, light fixtures, signage, etc. String trimmers shall not be used around trees. A 2 to 3 foot soil buffer zone shall be maintained around the circumference at the base of all trees, unless otherwise directed by City. Any trees damaged by string trimmer or mower shall be replaced at no additional cost to the City. Reference Materials The following documents will be used to judge best and proper landscape practices and procedures unless otherwise specified or instructed. All specifications for materials to be used and construction guidelines will be based on City of Gilroy Construction Standards unless otherwise noted and /or approved. Latest edition Sunset New Western Garden Book Standard practices of the International Society of Arboriculture Cal -OSHA Requirements The contractor shall comply with all provisions of the California Occupational Health and Safety Act., taking all precautions in the performance of the service to prevent injury to persons and property. Accident Reporting The Contractor shall immediately notify the designated City representative(s) of any accident, regardless of whether or not injury or damage is evident, involving the public and the Contractor's staff, vehicles, and /or equipment. The Contractor shall provide all written reports and/or documentation requested by the City. Management and Supervision The Contractor shall provide fully trained and qualified personnel. The staff activity will be closely monitored by City. representative(s) at each site to detect operational irregularities and non - compliance with the Contract. It is the responsibility of Contractor's executive, management, and supervisory staff to oversee the activities of its staff, throughout the range of its activities at all contract sites. The City will not supervise the contractor's supervisors or employees. All Supervisors must be qualified, proficient in English, trained and capable of providing adequate supervision and direction of all staff and must demonstrate verbal and written communication skills sufficient for the work required herein. The Contractor's crew leader and operational staff, as well as their supervisory and management staff, shall be knowledgeable in this Contract and its time lines. An outline of the task requirements, schedule, and time lines for each site shall be kept with each crew. If any task cannot be thoroughly completed within the Contract schedule time line, the City's representative shall be notified promptly in the prescribe manner established at contract startup. Contractor shall be expected to take reasonable care to identify and report conditions /situations /occurrences which may be harmful or result in decline of plant material or landscape or interfere with public use. If this care is not exercised then repair of resultant damage to landscape or plant material shall be the responsibility of contractor. Contractor to incur all costs to assess, repair or replace any physical property damaged as a result of contractor's negligence or failure .to take reasonable care to identify and report potential problems with the landscape. Contractor shall inspect and identify any condition(s) that renders any portion of a site unsafe, as well as any unsafe practices occurring thereon, and shall immediately notify the City representative(s) of any unsafe or undesirable condition(s). Contactor shall take emergency safety actions to protect worker and or the public from a developing or observed hazardous conditions. Safety action taken by the contractor not related to normal contraction services shall be appropriately compensated by the City when justified in writing and include any public safety call for service report number. The Contractor shall make minor corrections including, but not limited to, filing minor holes in turf and activity areas, using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor - damaged valve box covers, and securing any damaged apparatus so as to protect members of the public or others from injury. If needed, the Contractor shall assist the public by summoning emergency assistance while at the site. The Contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, including a complete written report. During all operations, the Contractor shall comply with local ordinances regarding noise levels. Any scheduling of the Contractor's operations may be modified by City at no additional compensation to Contractor in order to ensure that the public is not unduly impacted by the noise of equipment or operations. EXHIBIT "C" MILESTONE SCHEDULE Service Frequency and Schedules Inspect and service every site base on the sample with once per week as a base standard. Less frequent or more frequent services may be approved as necessary to insure specifications and standards are met. The Contractor shall, within ten (10) working days after the effective date of the Contract, submit a work schedule to the City's representative(s) for review and approval. Said work schedule shall be based on a twelve -month calendar identifying and delineating the time frames for the required work by the day of the week, morning or afternoon. The Contractor shall submit revised schedules / calendars when actual performance differs substantially from planned performance. Said revisions shall be submitted to the City's representative(s) for review and, if appropriate, approval, within five (5) working days prior to scheduled time for the work. At the discretion of City staff, weekly inspection meetings will be held(or more frequently if deemed necessary by the City) between the Contractor and the city representative(s) are to be scheduled to determine progress, review weekly site inspections and address any changes in schedules, problem areas, etc. Contractor shall notify the City, in writing (email), at least two (2) weeks prior to the date and time of all pre- approved "Specialty Functions." "Specialty Functions" are defined as: a. Fertilization b. Tree Trimming/Management c. Aeration of Turf Performance during Inclement Weather During the periods that rainfall hinders normal operations, the Contractor shall adjust its workforce to accomplish those activities that are not affected by weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. Leaf and down branch pickup and drain clearing are a high priority. Rainy days are not an excuse to pull workforce from city. Contractor shall continue landscape tasks that can be safely preform in the rain. Such as sidewalk pruning, low limb removal, or items that city contractor inspector points out. Sites and On -Call services are also itemized under Exhibit "D" (payment/fee schedule). 4. E N .7 �u N LL tm 0 C U u .^ c c X wc m d CL u H M C m a, s u to a N O M V It 0 'o N n 01 M a CL u_ ef to c CL u d a c J d 3 u 0 OM w » » w « w » w « » w « « w » « w « w w p e Qivi aw�� n y 7p7p u LL ii V C u° u c m C C 4-� 0 CL 3 �o C m c a► s v to P�Y u' N O M L .�i O d IA C: n m e» 3 a d LL C' 00 c U d C. u V C d M . 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