DMS FACILITY SERVICES, LLC 2B -2014

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II. GR_.ROUAQS/LANDSCAPE NIAiNTENANCE SPECIUCAT ONS A. DLFINiTIiiNS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. -SCOPE OF WORK It is the intent of dtis agreement to continually improve the quality of the facilities. The Contractor slrall provide all labor, training, materials, tools, equipment, transportation, hauling, clumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds /landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds /landscape maintenance at work sites listed herein, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot -lot maintenance,.and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications. C. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent it mind that the Director may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by Contractor via e -mail for review /approval by City, The Director may request that the Contractor submit, proposals for extra work in order to improve the grounds - landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Exhibit E). The Contractor shall complete the spreadsheet in its entirety using his /her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to request materials /equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. D. OUTSIDE OF SCOPE Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re- surfacing of the street (5) Power failures (6) Underground wiring damage