Loading...
HomeMy WebLinkAboutMINUTES - 10282008 - C.7 TO: BOARD OF SUPERVISORS �*�- Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa x " DATE: October 28, 2008 ,_. Y`4o� -� County SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a landscape maintenance agreement with the Discovery Bay Community Services District, Discovery Bay area. (Countywide Landscaping LL-2 Funds) (District 111)Project No.: 4500 6X5244 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a landscape maintenance agreement with the Discovery Bay Community Services District (DBCSD) for landscaping, lighting, and maintenance services for the Countywide Landscaping District LL2 Zones 35, 57, and 61, and the Discovery Bay West Parking District. FISCAL IMPACT: There is no impact to the County General Fund. This administrative action is funded by the Countywide Landscaping District LL-2 (100%). CONTINUED ON ATTACHMENT: 0 SIGNATURE: RECOMMENDATION OF COUNTYADM/N/STRATOR RECOMME DATION OF IFOARDCOMMITTEE APPROVE OTHER SIGNATURE(S); ACTION OF BOARD ON L(i�(B 10Li7' , Jf APPROVEDASRECOMM DED V OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND ,� CORRECT COPY OF AN ACTION TAKEN AND ENTERED I// UNANIMOUS(ABSENT A/V"Ci ) ON MINUTES OF THE BOARD OF SUPERVISORS ON AYES: NOES: THE DATE SHOWN. ABSENT: ABSTAIN: Contact: Warren Lai(925)313-2180 JM:WL:ab (4 Yj Q � G:\SpDist\Board Orders\2008\Board Orders 10-28-08\10-28-08 Discovery Bay ATTESTED � La' �i�! dry landscape maint.agreement.docx DAVID TWA,CLERK OFT E BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator Auditor-Controller P.W.Accounting Spec J.Mercurio,Special Districts BY: DEPUTY SUBJECT: APPROVE and AUTHORIZE the Chair; Board of Supervisors, to execute a landscape maintenance agreement with the Discovery Bay Community Services District, Discovery Bay area. (Countywide Landscaping LL-2 Funds) (District I1I) Project No.: 4500 6X5244 DATE: October 28, 2008 PAGE: 2 of 2 BACKGROUND AND REASONS FOR RECOMMENDATIONS: In June 2007, DBCSD applied to the Contra Costa county Local Agency Formation Commission (LAFCO) for activation of latent powers to provide lighting, landscaping, and maintenance services, with the ultimate intent to take over various Countywide Landscaping District LL2 Zones in the Discovery Bay area. Subsequently, in December 2007, LAFCO passed a resolution passing the activation of latent powers thereby allowing DBCSD to take over the specific maintenance responsibilities Countywide Landscaping District LL2 Zones 35, 57, and 61, and the Discovery Bay West Parking District. On July 8, 2008, the Board of Supervisors approved a board order directing the Public Works Director to enter into a Landscape Maintenance Agreement with Discovery Bay Community Services District. The landscape maintenance agreement, is now completed and will allow the transfer of maintenance responsibilities to the DBCSD on November 1, 2008. Final property and easement transfers will take place in the following months The Public Works Department is responsible for preparing the annual Countywide Landscaping District LL2 Engineer's report and related 08/09 Fiscal Year tax roll proceedings. Upon completion of the final property transfers between the County and DBCSD, all assets and liabilities will be transferred to DBCSD. CONSEQUENCES OF NEGATIVE ACTION: Without Board of Supervisors' approval, the DBCSD will not be able to take over maintenance responsibilities of the Countywide Landscaping LL2 Zones 35, 57, and 61, and the Discovery Bay West Parking District. DISCOVERY BAY — Zone 35, 57, and 61 COUNTY LANDSCAPING DISTRICT AD 1979-3 (LL-2) and Discovery Bay West Parking District (DBWPD) COOPERATIVE LANDSCAPING AND FACILITIES MAINTENANCE AGREEMENT 1. Parties. The County of Contra Costa, a political subdivision of the State of California (County), and the Discovery Bay Community Services District (DBCSD), a California Special District (District), mutually agree and promise as follows: 2. Purpose. Both the County and the District are local agencies that may individually form assessment districts pursuant to the provisions of the Landscaping and Lighting Act of 1972 to provide for the construction and maintenance of specified improvements in the unincorporated Discovery Bay area. In lieu of such individual action and, in substantial part to assist the District, the County has formed (and adopted an improvement program for) County Landscaping District AD 1979-3 (LL-2) and its Discovery Bay Zones 35, 57 and 61 and the Discovery Bay West Parking District (DBWPD). The County has also designated its Public Works Director as the "Engineer" for LL-2 and its Zones 35, 57 and 61. Finally, in order to minimize the overlapping operations of local agencies having concurrent powers in the Discovery Bay and to maximize the efficient provision in that area of the specified Zones 35, 57 and 61, and DBWPD improvement program, such areas are hereinafter called "Discovery Bay Zones, the County and the District are jointly entering this agreement to provide for cooperative action to implement the said improvement program. 3. Term. The effective date of this Agreement is November 1, 2008 and shall remain in effect from fiscal year to fiscal year unless terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Fiscal Year Payment Limit. County's total annual fiscal year payments to District for work performed in each zone under this Agreement for any fiscal year shall not exceed the annual fiscal year amount of assessment specified in the Engineer's Report for that particular zone approved by the Board of Supervisors at the beginning of each fiscal year and actually collected therein on the County tax roll. Except that from each annual assessment, the County may deduct and keep its costs and expenses for administration, capital replacement and utility costs (Public Works, Auditor, County Counsel, PG&E, etc.) of the Discovery Bay Zones; and for providing for and collecting such assessments. 5. County's Obligation. County shall make the above-noted annual fiscal year allocation assessment payments to the Contractor described in the "Engineer's Report — Assessment District 1979-3 (LL-2) Zone 35, 57 and 61 and the DBWPD (Discovery Bay Area) Contra Costa County", for each fiscal year's services provided, subject to all terms, conditions, and assurances contained or incorporated herein. - 1 - 6. Payment. District shall submit invoices or demands (in a format and manner satisfactory to the County's Engineer) for payment for work or services rendered pursuant to this Agreement. These invoices must include an itemization for funds spent on materials, supplies and equipment. Upon determination by the County's Engineer (the Public Works Director or her designee) that the work or services listed in the invoice or demand have been completed. in compliance with all requirements of the Agreement and that the invoice or demand is approved for payment, County will make payments as specified in this Agreement from the involved fiscal year's respective LL-2 Zone 35, 57, 61 and DBWPD collected assessment 7. District's Obligation. As agreed, directed and to the satisfaction of the County's Engineer, District shall install, maintain and service landscaping, lighting, trail and recreational facilities within Zone 35, more particularly described as follows: median island landscaping within the right of way of Bixler Road between Highway 4 and Marsh Creek Road, a pedestrian train between the Sandy Cover Shopping Center and Newport Drive including two footbridges; Zone 57, more particularly described as follows: landscaping at the entry area at Bixler Road and Regatta Drive, right of way landscaping on the north side of Highway 4 between Bixler Road and the west boundary of Subdivision 7909, right of way landscaping on the west side of Bixler Road between Highway 4 and the north boundary of Subdivision 7679, right of way landscaping for Porthole Drive on both sides and median from Highway 4 to Sailboat Drive, Regatta Park, pavement and landscaping for three parking bays, a pedestrian path located in an easement on a lot between Bixler Road and Yacht Drive; Zone 61, more particularly described as follows: right of way landscaping along the east side of Bixler Road between the south boundary of Subdivision 7686 and Fallman Blvd., right of way landscaping and median on both sides of Newport Drive (except the school frontage)from Bixler Road to Newport Lane, right of way landscaping on both sides of Preston Drive from Port of Timber Road to Newport Drive, right of way landscaping on both sides of Point of Timber Road from Bixler Road to the east boundary of Subdivision 8579, Slifer Park, landscaping for the DBWPD Park-N-Ride lot located on the east side of Bixler Road as described in Exhibit A, attached hereto & incorporated herein by this reference, and shall perform general maintenance within the Zones 35, 57, 61 and DBWPD limits, subject to all the terms, conditions and assurances contained or incorporated herein. All purchases of material, supplies and equipment related to the installation, maintenance and service of the involved landscaping and recreational facilities shall be first approved by the Public Works Department. 8. Compliance with Law. District shall be subject to and comply with all applicable federal, state and local laws and regulations with respect to its performance under this Agreement, including but not limited to, licensing, employment and purchasing practices, and wages, hours and conditions of employment, including nondiscrimination. 9. Inspection. District's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 10. Records. District shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United - 2 - States Government, the District's regular business records and such additional records pertaining to this Agreement as may be required by the County. 11. Retention of Records. District shall retain all documents pertaining to this Agreement for five years from the date of submission of District's final payment demand or final Cost Report; for such further period that is required by law; and until all federal/state audits are'complete and exceptions resolved for this Agreement's funding period. Upon request, District shall at no additional charge and without restriction, as to use, make these records available to authorized representatives of the County, the State of California, and the United States Government. 12. Reporting Requirements. Pursuant to Government Code Section 7550, District shall include in all documents or written reports completed and submitted to County in accordance with this Agreement, a separate section listing the numbers and dollar amounts of all Agreements and subcontracts relating to the preparation of each such document or-written report. This section shall apply only if the payment limit under this Agreement exceeds $5,000. 13. Terminations and Cancellation. a. Written Notice. This Agreement may be terminated by either party, at each party's sole discretion, upon thirty-day advance written notice thereof to the other, or canceled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to District, may immediately terminate this Agreement should the District fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing District's performance shall be deducted from any sum due the District under this Agreement, without prejudice to the County's rights otherwise to recover its damages. c. Failure to Provide Insurance. Should District at any time neglect or fail to provide liability insurance described in Section 25, or should the liability insurance lapse or be canceled for any reason, this Agreement shall terminate immediately without notice from County to District, except for the provisions of Section 24. d. Other Remedies. In the event District breaches this Agreement, County shall not be limited to the provisions of this section, but shall have the right to any other remedies provided by law or equity. 14. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 15. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by Agreement, including, but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth in written Informal Agreement between District and County. Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already - 3 - required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the District as provided herein. Informal Agreements may be signed by the Public Works Director or his/her designee. 16. Modifications and Amendments. a. . General Amendments. This Agreement may be modified or amended by a written document executed by the District and the Contra Costa County Board of Supervisors or after Board approval, by its designee, subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the District and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions, Section 6, or other material terms or conditions of the contract. 17. Disputes. Disagreements between the County and District concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 18. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed, and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 19. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of the Agreement be adopted or revised during the term hereof, this Agreement shall be deemed amended to assure conformance with such federal or state requirements. 20. No Waiver by County. Subject to Disputes Section 17, above, inspections or approvals, or statements by any officer, agent or employee of the County indicating the District's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefore; or any combination of these acts, shall not relieve the District's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Agreement. 21. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the -4 - relationship between the parties of agent, servant, employee, partnership, joint venture or association. 22. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Agreement to influence any governmental decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq., or otherwise. 23. Nondiscriminatory Services. District agrees that all facilities, goods and services under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 24. Indemnification. District shall defend, indemnify, save and hold harmless County and its officers and employees from any and all claims, costs and liability for damages, sickness, death, or injury to person(s) or property, including without limitation, all consequential damages, from any cause whatsoever arising directly or indirectly from connected with the operations or the services or the District.or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. District will reimburse the County for any expenditure, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the District. 25. Insurance. During the entire term of .this Agreement, and any extension or modification thereof, District shall at its own expense, keep in effect insurance policies meeting the following insurance requirements: a. Liability insurance. The District shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by District under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the District's insurance policy or policies. b. Worker's Compensation. District shall provide workers' compensation insurance coverage for its employees. c. Certificate of Insurance. The District shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Agreement. If - 5 - the District should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Agreement, then District shall provide (a)current certificate(s)of insurance. d. Additional Provisions. The insurance policies provided by the District shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. 26. Notices. All notices and reports provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the Public Works Director, 255 Glacier Drive, Martinez, California 94553. Notices to the District shall be addressed to the following address: Discovery Bay Community Services District, 1800 Willow Lake Road, Discovery Bay, California 94505. The effective date of notice to County shall be the date of receipt by the Public Works Director, 27. Non-Renewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Agreement will be purchased by County under a new Agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 28. Possessory Interest. If this Agreement results in the District having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Agreement results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. 29. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Agreement may provide some aid or assistance to members of the County's population, it is not the intention of either the County or District that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. 30. Copvrights and Rights in Data. District shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. Any and all artworks, copy, posters, billboards, photographs, videotapes, audiotapes, systems, designs, software, reports, diagrams, surveys, source code or any original works of authorship created by District or its subcontractor in connection with the services performed under this Agreement shall be Works for Hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of the County. In the event that it is ever determined that any works created by District or its Subcontractors - 6 - under this Contract are not works for hire under U.S. law, District hereby assigns all copyrights to such works to the County. With the prior written approval of the County, District may retain and use copies of such works for reference and as documentation of its experience & capabilities. 31. Endorsements. District shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, District shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well- established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County Contractor capacity, District shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if District is not publicly endorsing a product, as long as the District's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, District may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 32. Waste, Quiet Conduct. District shall not commit, or suffer to be committed, any waste upon the facilities, or any nuisance or other act or thing, which may disturb the quiet enjoyment of the use of the surrounding property. 33. Use of the Facilities. The facilities shall be used during the term of this Agreement for the exclusive and public purpose of operating and maintaining community parks, trails, pedestrian bridges, recreation, and landscaping and shall be equipped and staffed by District in accordance with good community relations practice. 34. Subcontractors and Assignment. District shall not assign this Agreement or any interest therein, and shall not enter into subcontracts exceeding five thousand dollars in one fiscal year (July 1 through June 30) as to any one subcontractor for any work contemplated under this Agreement, without first obtaining the written consent of the County's Engineer. The terms and conditions of this Agreement shall extend to, be binding upon and insure to the benefit of the successors, representatives and assigns of the respective parties hereto. 35. Availabilities of Facilities. District is aware that the sole source of the payments described in Section 5 of this Agreement is the proceeds of assessments levied and collected within Zones 35, 57, 61 and DBWPD of County Landscaping and Lighting District AD 1979-3 (LL-2). District shall make the facilities described in this Agreement available on an equal basis, and without discrimination of any kind, to the general public, including all residents and property owners within Zones 35, 57, 61 and DBWPD. - 7 - Signatures. These signatures attest the parties' agreement hereto. COUNTY OF CONTRA COSTA, TOWN OF DISCOVERY BAY COMMUNITY C LIFORNIA SERVICES DISTRICT hair, Board of Supervisors or Board President V,U 6 «' Designee F,0 vak^— ATTEST: David Twa, By:Clerk of of the Board of Supervisors ecretary) Kue-kkm-2 By: puty Recommended for Approval: Julia R. Bueren Public Works Director 9J� - 8 - Exhibit "A" Special Provisions A. SCOPE OF SERVICE The District shall furnish all labor, materials and equipment required to satisfactorily perform the landscape maintenance required by the County, on the streets or areas as designated in the attached drawing and these special provisions. Maintenance of the various areas shall include, but not be limited to, weed removal, spading, plowing or loosening of the soil, fertilizing, mowing, watering, pruning, and removal and disposal of debris at a commercial garbage disposal site. All plant material shall be maintained in a healthy, growing condition throughout the contract period. B. INSPECTION The District shall at all times permit the County and their authorized agents to visit and inspect the work or any part thereof. C. PAYMENT On a monthly basis, the District will furnish the County with an invoice for work done during the previous month, giving dates and service area name and number. Utility costs, insurance (other than the insurance which District is required to provide, at its sole expense, pursuant to paragraph D hereof and paragraph 25 of the Agreement), County administration, and tax collection fees are paid by the County. Invoices are to be directed to: Public Works Department Contra Costa County 255 Glacier Drive Martinez, California 94553 D. INSURANCE District, at no cost to Contra Costa County, shall obtain and maintain during the term hereof and any extension or modification thereof, Comprehensive Liability Insurance, including broad form contractual coverage and coverage for owned and non-owned vehicles, with 'coverages and limits as may reasonably be requested by County from time to time, but in no event with less than minimum I combined single limit coverage of $1,000,000 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, arising out of each accident or occurrence. Contractor shall furnish evidence of such coverage, naming Contra Costa County, its officers, agents and employees as additional insureds, and requiring thirty (30) days written notice to County prior to policy lapse or cancellation. The Contractor shall submit a Certificate of Liability Insurance which shall include the "Hold Harmless" agreement as specified below. 1. Contractor promises to and shall defend, hold harmless and indemnify the indemnities described below from the liabilities described in this section. 2. The indemnitees benefited and protected by this promise are the County and its elective and appointive boards, commissions, officers, agents and employees. 3. The liabilities protected against are any loss, damage, liability, expense, claim or demand of any kind allegedly suffered, incurred or threatened as a direct or consequential result of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such loss, liability, expense, claim or damage was unforeseeable at any time before the County approved the maintenance plan or accepted the maintenance as completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. 4. The actions causing liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this contract and directly or indirectly attributable to the Contractor, subcontract(s), or any officer(s), agent(s), or employee(s) of one or more of them. 5. The promise and agreement in this. section is not conditioned or dependent on whether or not any indemnitees has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work, has insurance or other indemnification covering any of these matters, or whether the alleged damage resulted partly from any negligent or willful misconduct of any indemnitees. The Contractor shall take out and maintain during the life of this contract adequate Worker's Compensation Insurance for all his employees employed at the site of the project. 2 E. CERTIFICATES OF INSURANCE Certificates of such Worker's Compensation and Comprehensive Liability Insurance shall be filed with County and shall be subject to County approval for adequacy of protection. 3 F. TERM OF SERVICE The effective date of this Agreement Contract is September 1, 2008 and shall remain in effect from fiscal year to fiscal year (July 1 through June 30) unless terminated as provided herein and shall be subject to all terms, conditions, and assurances contained or incorporated herein. The County may cancel the contract or any portion thereof at any time during the term of service, and such cancellations shall be effective upon giving forty-five (45) days written notice to the Contractor. Notwithstanding the foregoing, County shall have the right to terminate the contract immediately if District fails to provide .or maintain the insurance policies described in Section 25 of this Agreement or in the event District breaches this Agreement. G. LANDSCAPE MAINTENANCE 1. Weed, Insect, Disease and Debris Control a. All planting, rock, concrete, and asphalt surface areas; and immediately adjacent street gutters, shall be kept weed and debris free. Maximum weed population shall be three (3) weeds per square yard, and no weed shall remain over two (2) full weeks (fourteen day period). b. Application of weed, insect and disease control measures shall be within the season(s) best suited to the insects, diseases and vegetation in question.. C. Any new or existing plants or soil which in the opinion of the County have been damaged by applying or lack of applying control measures shall be replaced by the District at District's expense. d. The District's contractor shall possess a valid California Pest Control Operator license or shall sub-contract all pest control activities to a licensed pest control firm, and shall provide the Grounds Maintenance Superintendent with such evidence prior to the application of any pest control chemicals. 2. Staking and Guying a. Trees and shrubs susceptible to wind damage shall at all times be kept adequately staked or guyed. Ties shall be loosened periodically to prevent girdling. 4 b. Where the supporting stakes have been broken, or where a replacement tree is planted, the stakes shall be of wood of uniform size, reasonably free of knots, and capable of standing in the ground at least two years, and they shall be 2 inches in diameter and not less than 10 feet in length. All replacement trees shall be double staked. 3. Irrigation a. All planted areas shall receive the minimum amount of water necessary to allow normal growth and to insure the health of the vegetation therein. b. Where irrigation systems and water spigots are installed and available, the County will furnish the water at no expense to the District. In all other areas to be maintained, the District shall furnish the water as included in the contract price bid. During the rainy season where automatic irrigation systems are installed and available, the District shall set the controller to operate the irrigation cycle once a week for one to two minutes. The District shall notify the County of any such change, to include the following: time setting, time of watering, day(s) of watering, and date of such change. The controller shall be set to operate in the morning before the heavy commuter traffic begins. 4. Repairs to Existing Facilities a. All portions of existing structures or facilities, including irrigation systems, which are damaged or altered in any way during the performance of work under this specification shall be repaired or replaced in kind by the District at his expense in an approved manner. b. All portions of existing structures or facilities, including irrigation systems, which are damaged or altered in any way by forces not under the direction of the County or District may be repaired. The District shall notify the County when above occurs. 5. Fertilizer a. Commercial fertilizer shall conform to the provisions of Section 20- 2.02 of the Standard Specification of the State of California, shall be a complete fertilizer, part of the elements of which are derived from organic sources, and shall have a guaranteed analysis of: 5 Min. Max. Nitrogen 100/0 20% Phosphoric Acid 6% 14% Water Soluble Potash 4% 7% And shall be applied at such a rate as to insure one pound of actual nitrogen per 1,000 square feet per application. b. Fertilizer shall be applied to turf areas three (3) times during the growing season and two (2) times during the growing season of all other planting areas. C. All areas shall be well watered within the 24-hour period prior to fertilization. All turf areas shall be watered immediately after fertilizing. 6. Pruning a. All trees shrubs shall be kept pruned for health, shape, prevention of wind damage and public safety. Turf shall be maintained at a height of 2''h" at all times. b. Turf shall be mowed only when dry enough to prevent damage from mower wheels. C. Where turf is present, two vertical mowings and two aerations shall be done to eliminate thatch and aid in water infiltration. One such vertical mowing shall be done in the fall and one in the spring. All corings and thatchings shall be removed from the turf and disposed of at a commercial dump site. 7. Litter Control All areas shall be kept litter-free. Litter pick up shall be done at two week intervals or less as required to maintain a presentable appearance as determined by the County. 8. Plant Replacement The District shall replace any and all vegetation lost through the lack of care as described in Item G. Unusual occurrences or those beyond the control of the District may be excepted from this provision by the County provided they are advised promptly by the District. 6