HomeMy WebLinkAboutTerracare Associates LLC; 2015-07-15;AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR PARKS MAINTENANCE SERVICES WORK CATEGORY C -COMMUNITY PARKS & SCHOOL ATHLE TIC FIELDS
TERRACARE ASSOCIATES, LLC
i:_h'5 Amendment No. 1 is entered into and effective as of the go-tkday of \J \It� , 20J:;Z, extending and amending the agreement dated July 15, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"),and Terracare Associates, LLC, ("Contractor") (collectively, the "Parties") for parks maintenanceservices within community parks and school athletic fields.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to increase monthlyservice fees; and
B. The Parties desire to extend the Agreement for a period of two years; and
C. The Parties have negotiated and agreed to a supplemental scope of work and feeschedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope ofServices and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenantscontained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have beenamended from time to time, Contractor will provide those services described in Exhibit "A". Withthis Amendment, the total annual Agreement amount shall not exceed one million, eighty-eightthousand, eight hundred ninety-six dollars ($1,088,896) per Agreement year and shall not exceedtwo million, one hundred seventy-seven thousand, seven hundred ninety-two dollars ($2,177,792)for two year term.
2. City will pay Contractor for all work associated with those services described inExhibit "A" on a time and materials basis. Contractor will provide City, on a monthly basis, copiesof invoices sufficiently detailed for approval by City.
3. Contractor will complete all work described in Exhibit "A" by July 15, 2019.
4. All other provisions of the Agreement, as may have been amended from time totime, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to theAgreement, as may have been amended from time to time, will include coverage for thisAmendment.
City Attorney Approved Version 1 /30/13
6.The individuals executing this Amendment and the instruments referenced in it onbehalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
(print name/title)
By·.��DL ( nh e) ·
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:�
-�-.... -.-ti-..+-.,,-.... -----------Asslstari+ City Attorney
�
City Attorney Approved Version 1 /30/13
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EXHIBIT "A"
SCOPE OF SERVICES AND FEES
The City agrees to increase compensation for monthly services effective July 15, 2017. Per the Agreement terms and conditions, the requested compensation increase is no greater than the San Diego Consumer Price Index changes over the previous two year period. Below is a fee breakdown per site. The 3.66 percent increase is based on the West Urban Consumer Price Index rate for fiscal years 2015-2016 (1.86 percent) and 2016-2017 (1.80 percent).
Agreement amount per year shall not exceed $1,088,896.
ITEM DESGRIPTION NO.
C1 Alga Norte Community Park
C2 Aviara Community Park
C3 Calavera Hills Community Park
C4 Chase Fields
C5 Pine Avenue Community Park
C6 Poinsettia Community Park
C7 Stagecoach Community Park (w/NTP)
C8 Zone 5 Park
C9 Aviara Oaks Middle School
C10 Buena Vista Elementary School
C11 Carlsbad High School
C12 Hope Elementary School
C13 Jefferson Elementary School
C14 Kelly Elementary School
, , , ', £,U.�R�NT , .. '�,o;J�LY
$12,873
$9,745
$6,537
$1,083
$3,288
$12,111
$11,429
$1,203
$1,885
$1,043
$682
$1,163
$1,043
$1,123
3.66% NEW NEW INCREASE MONTHLY ANNUAL FEE . FEE
$471 $13,344 $160,128
$357 $10,102 $121,224
$239 $6,776 $81,312
$39 $1,122 $13,464
$120 $3,408 $40,896
$444 $12,555 $150,660
$418 $11,847 $142,164
$44 $1,247 $14,964
$69 $1,954 $23,448
$38 $1,081 $12,972
$25 $707 $8,484
$42 $1,205 $14,460
$38 $1,081 $12,972
$41 $1,164 $13,968
City Attorney Approved Version 1 /30/13
C15 La Costa Heights Elementary School $1,404 $51 $1,455 $17,460
C16 La Costa Meadows Elementary $1,845 $68 $1,913 $22,956 School/El Fuerte Park
C17 Magnolia Elementary School $1,604 $59 $1,663 $19,956
C18 Valley Middle School $3,409 $125 $3,534 $42,408
SUBTOTAL $73,470 $2,688 $76,158 $913,896
C19 *Extra Work (Annual Amount)NA NA NA $175,000
GRAND TOTAL $73,470 $2,688 $76,158 $1,088,896
*Extra work payments made to Contractor will be based on Contractor's actual work performedfor City, consistent with the terms and conditions of the contract documents, and may be differentfrom the prices estimated above. Extra work is not guaranteed.
City Attorney Approved Version 1 /30/13
exhibit 3
AGREEMENT FOR PARKS MAINTENANCE SERVICES
WORK CATEGORY C - COMMUNITY PARKS & SCHOOL ATHLETIC FIELDS
(TERRACARE ASSOCIATES, LLC)
This Agreement, is effective on the date signed by an authorized representative of the City
of Carlsbad July 15, 2015 and is made by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Terracare Associates, LLC, ("Contractor").
RECITALS
A. City desires to obtain the services of a private Contractor to perform Parks
Maintenance Services within Community Parks & School Athletic Fields; and
B. Contractor has represented that Contractor possesses the necessary
qualifications and experience to provide the services required by this Agreement; and
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
D. City has authorized the preparation of an agreement to retain the services of
Contractor as hereinafter set forth; and
E. This Agreement shall not be binding, nor shall it be relied upon by Contractor until
it is fully and dully executed by City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF SERVICES
City retains Contractor to perform, and Contractor agrees to render, those services that are
defined in attached Appendix "A", which is attached hereto and incorporated herein.
2. TERM
The term of this Agreement will be for a period of two years from the Effective Date. The City
Manager may amend the Agreement to extend it for two additional two-year periods or parts
thereof in an amount not to exceed one million, fifty-six thousand, six hundred forty dollars
($1,056,640) per Agreement year. Extensions will be based upon a satisfactory review of
Contractor's performance, City needs, and appropriation of funds by the City Council. The parties
will prepare a written amendment indicating the effective date and length of the extended
Agreement. The parties will prepare a written amendment indicating the effective date and length
of the extended Agreement. Either the City or the Contractor may decline the renewal of the
contract for any reason whatsoever, which shall render the renewal option null and void.
3. TIME IS OF THE ESSENCE
Time is ofthe essence for each and every provision of this Agreement.
4. COMPENSATION
The total not-to-exceed fee payable for the Services to be performed during the initial Agreement
term will be two million, one hundred thirteen thousand, two hundred eighty dollars ($2,113.280).
No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. Fees for subsequent amendments shall not exceed the amount,
per Agreement year, set forth in Appendix "B", which is attached hereto and incorporated herein.
The payment made to Contractor pursuant to this Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election. City may deduct the indemnification amount from any balance
owing to Contractor.
The City reserves the right to withhold a ten percent (10%) retention until City has accepted the
Services specified in Appendix "A".
Incremental payments, if applicable, should be made as outlined in Appendix "A", Work Category
A, Part I, Subsection 7.0 of this Agreement.
There will be no additional charges such as travel or trip costs allowed. Payment for service starts
when the workers arrive at the City of Carlsbad owned or maintained properties, and ends at the
completion ofthe required service work. Portal to portal payment is not included in Agreement.
If an increase in compensation for service in succeeding option terms is requested, the Contractor
must provide detailed supporting documentation to justify the requested rate increase. The
requested increase will be evaluated by the City, and the City reserves the right to negotiate,
accept, reject, or move to terminate the Agreement based on the Contractor's requested
compensation increase. This Agreement's annual compensation terms may, but is not required
to, be adjusted by a mutually agreeable amount based on and no greater than the San Diego
Consumer Price Index changes over the previous two year period. Requests for price changes
must be made by the Contractor in writing sixty (60) days before the end of the then-current
agreement period and is subject to negotiation or rejection by the City.
5. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. City shall have the
right to control Contractor only insofar as to the results of Contractor's Services rendered pursuant
to this Agreement; however. City shall not have the right to control the means by which Contractor
accomplishes such Services. The persons used by Contractor to provide Services under this
Agreement will not be considered employees of City for any purposes.
Except as City may express in writing. Contractor shall have no authority, expressed or implied,
to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority,
expressed or implied, pursuant to this Agreement to bind the City to any obligation whatsoever.
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6. PREVAILING WAGES TO BE PAID
The general prevailing rate of wages for each craft or type of worker needed to execute the
contract shall be those as determined by the Director of Industrial Relations pursuant to Sections
1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a
current copy of the applicable wage rates is on file in the Office of the City Engineer. The
contractor to whom the contract is awarded shall not pay less than the said specified prevailing
rates of wages to all workers employed by him or her in execution of the contract.
7. SUBCONTRACTING
Contractor shall not subcontract any portion ofthe Services unless Contractor expressly identified
the name of the subcontractor and the exact services to be performed by subcontractor in its
response to City's request for proposal. If these prerequisites have been fully complied with then
Contractor shall obtain City's written approval authorizing the subcontracting of that portion ofthe
Services.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other contractors in connection with any ofthe services that
are the subject matter of this Agreement or the City's request for proposal.
9. INDEMNIFICATION
Contractor agrees to defend, indemnify, protect and hold City, its agents, officers and employees,
harmless from and against all claims asserted, or liability established for damages or injuries to
any person or property including to Contractor's employees, agents, officers, or any
subcontractor(s) or judgments arising directly or indirectly out of obligations, work or services
herein undertaken, which arise from, are connected with, are caused or claimed to be caused by
the acts or omissions ofthe Contractor, its agents, officers, employees, and any subcontractor(s).
The Contractor's duty to defend, indemnify, protect and hold harmless shall not include any claims
or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents,
officers or employees. Contractor further agrees that the duty to defend includes attorneys' fees
and all costs associated with enforcement of this indemnification provision, defense of any claims
arising from this Agreement; and, where a conflict of interest exists, or may exist between
Contractor and the City, the reasonable value of attorneys' fees and all costs if the City chooses,
at its own election, to conduct its own defense or participate in its own defense of any claim related
to this Agreement.
The parties expressly agree that any payment, attorneys' fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
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compensation is included as a loss, expense or cost forthe purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. BEST MANAGEMENT PRACTICES
For purposes of this Agreement, Best Management Practice (BMP) means: (1) A measure that is
implemented to protect water quality and reduce the potential for pollution associated with water
runoff entering the City's storm drains system, and (2) Any program, technology, process, siting
criteria, operating method, measure, or device that controls, prevents, removes, or reduces such
pollution.
Unless specifically noted otherwise, it is the responsibility of the Contractor to select, install and
maintain appropriate BMPs while performing the Services in accordance with the terms and
conditions of this Agreement. It is the Contractor's responsibility to ensure that the BMPs are
operational and working properly. Furthermore, the Contractor shall be held responsible for any
citation and/or fine due to discharges or malfunctioning of the BMPs. BMPs shall be installed in
accordance with all industry recommended and recognized standards. If Contractor proposes to
use a BMP that is not in accordance with recommended and recognized industry standard.
Contractor shall obtain written approvals from the City prior to installation or use of non-industry
standard.
It shall be Contractor's responsibility to know and use the appropriate BMPs at any given location
where Services are performed pursuant to the terms of this Agreement.
11. REFUSE DISPOSAL AND DUST ABATEMENT
As a condition of payment, the Contractor shall submit a signed and notarized affidavit stating
that all refuse (e.g., trimmings, brush, trash, debris, waste materials, etc.) resulting from the
Services performed have been disposed of in a legal manner, in accordance with local codes and
ordinances governing locations and methods of disposal, and in conformance with all applicable
safety laws and this Agreement. Disposal of refuse generated as a result of this Agreement at
landfills may be subject to a fee. Contractor shall not be entitled to extra compensation for the
cost of disposing of this refuse as such cost was included in Contractor's bid.
Contractor shall furnish all labor, equipment, and means required and shall carry out effective
measures whenever and as often as necessary to prevent its operation from producing dust in
amounts damaging to property, cultivated vegetation, domestic animals, or causing a nuisance to
persons living or occupying buildings in the vicinity of where the Services are being performed.
Contractor shall be responsible for any damage resulting from any dust originating from its
operations. The dust abatement measures shall be continued until the Contractor has concluded
performing its Services. Contractor shall not be entitled to extra compensation for the cost of dust
abatement measures as such cost was included in Contractor's bid.
12. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR with a surplus
line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X".
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12.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
12.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
12.1.2 Automobile Liability, (if the use of an automobile is involved for Contractor's
work for City). $2,000,000 combined single-limit per accident for bodily injury and property
damage. $5,000,000 combined single limit per accident for the transport of passengers. Limits
for hazardous waste hauling must comply with the requirements of California Vehicle Code
Section 34631.5.
12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
12.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
12.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
12.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of the types of insurance
coverage required by this Agreement, then City will have the option to (1) declare Contractor in
breach, (2) may purchase replacement insurance, or (3) pay the premiums that are due on
existing policies in order to maintain the required coverage. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these payments from
Contractor or deduct the amount paid from any sums due Contractor under this Agreement.
12.5 Submission of Insurance Policies. City reserves the right to require, on reasonable notice,
complete and certified copies of any or all required insurance policies and endorsements, be
submitted.
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13. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
14. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearty identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
15. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
16. PERSONNEL
With respect to all persons employed or contracted by Contractor to perform Services under this
Agreement, Contractor shall ensure that pre-employment or pre-contracting reference and
background checks have been conducted on all personnel directly performing Services under
this Agreement (which shall include but not be limited to, all such persons who shall come on to
the premises at any City facility, or in any City park, or in any public rights-of-way, in the
performance of their duties or tasks). Contractor shall be responsible for ensuring that federal,
state and county of residence criminal background checks - via Livescan or equivalent means,
as approved by the City - are conducted on all personnel so employed or contracted, prior to
their commencement of Services under this Agreement, and shall exclude from any direct
participation in the performance of the Services any dishonest, dangerous, felon, or othenwise
unqualified persons. In addition, Contractor shall be responsible for ensuring that the
aforementioned criminal background checks are annually renewed, prior to the anniversary date
of the execution of this Agreement, Contractor will abide by all applicable laws, rules and
regulations including, but not limited to the Fair Credit Reporting act and/or any equal
opportunity laws, rules, regulations or ordinances. Contractor shall maintain paperwork
ensuring its compliance with the above.
City shall reserve the right to audit background check data.
City shall have the absolute right to review and disapprove any personnel assigned to perform
any of the Services required pursuant to this Agreement.
City shall have the unrestricted right to order the removal for cause of any person(s) assigned
by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times while performing any of the Services required under this
Agreement to comply with the City's drug and alcohol policies then in effect.
Contractor shall remove any person from performing any Services to the City if said person is
arrested and charged with either a misdemeanor or felony.
It shall be a breach of this Agreement to violate any provision of this section; and City may in its
sole discretion and without being in breach of Agreement, immediately terminate Agreement.
17. NOTICES
The names ofthe persons who are authorized to give or receive written notice(s) on behalf of City
and on behalf of Contractor under this Agreement are:
For Citv
Name
Title
Kyle Lancaster
Parks Superintendent
Department Parks & Recreation
Address City of Cartsbad
799 Pine Avenue, Ste. 200
Carlsbad, CA 92010
Phone (760) 434-2941
Email kyle.lancaster@cartsbadca.gov
For Contractor
Name
Title
Address
Phone
Email
Ty Wilson
Vice President
Terracare Associates
9722 Kent St., Ste. B
Elk Grove, CA 95624
(916) 714-3999
twilson@myterracare.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
18. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Cartsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categones. Contractor shall file its initial Conflict of Interest
Statement on the Effective Date of this Agreement, and annually thereafter.
19. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
20. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discnmination and harassment.
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21. DISPUTE RESOLUTION
If a dispute anses out of or relates to this Agreement or the breach thereof for reasons other than
Section 14 above, and if said dispute cannot be settled through normal contract negotiations, the
parties agree to first endeavor to settle the dispute in an amicable manner, using mandatory non-
binding mediation under the Mediation Rules of the American Arbitration Association or any other
neutral organization or individual agreed upon, in writing, before having recourse in a court of law.
21.1 Mandatory Mediation Costs
The expenses of witnesses for either side shall be paid by the party producing such witnesses.
All other expenses of the mediation, including required traveling and other expenses of the
mediator, and the cost of any proofs or expert advice produced at the direct request of the
mediator, shall be borne equally by the parties, unless they agree othenwise. Each party shall be
responsible for their/its own attorneys' fees and costs.
21.2 Selection of Mediator
A single mediator that is acceptable to both parties shall be used to mediate the dispute. The
mediator will be subject matter knowledgeable of the Services required pursuant to this
Agreement and may be selected from lists furnished by the Amencan Arbitration Association
(AAA) or any other agreed upon mediator. To initiate mediation, the initiating party shall serve a
Request for Mediation on the opposing party. If the mediator is selected from a list provided by
AAA, the initiating party shall concurrently file with AAA a "Request for Mediation" along with the
appropriate fees; a copy of requested mediators marked in preference order, and, a preference
for available dates.
If AAA is selected to coordinate the mediation (Administrator), within ten (10) working days from
the receipt of the initiating party's Request for Mediation, the opposing party shall file the following:
a copy of the list of the preferred Mediators listed in preference order, after striking any Mediators
to which they have any factual objection, and, a preference for available dates.
If the parties agree not to use AAA, then a mutually agreed upon mediator, date and place forthe
mediation shall be agreed upon.
The Administrator will appoint or the parties shall agree upon the highest, mutually preferred,
Mediator from the individual parties' lists who is available to sen/e within designated time frames.
21.3 Conduct of Mediation Sessions
Mediation hearings will be conducted in an informal manner and discovery, including issuing
subpoena(s), will not be allowed.
All discussions, statements, or admissions shall be confidential to the proceedings and will not be
used for any other purpose as it relates to the party's legal position. Dunng the mediation, the
parties may agree to exchange any information they deem necessary. The parties may agree to
exchange mediation briefs, but are not required to do so.
Both parties must have an authorized representative attend the mediation. Each representative
must have the authority to recommend entenng into a settlement. Either party may have
attorney(s), witnesses or expert(s) present. Either party may request a list of witnesses and
notification whether attorney(s) will be present.
Any resultant agreements from mediation shall be documented in writing. All mediation results
and documentation, by themselves, shall be "non-binding" and inadmissible for any purpose in
any legal proceeding, unless such admission or resultant agreement is otherwise agreed upon,
in writing, by both parties. Mediators shall not be subject to any subpoena or liability and their
actions shall not be subject to discovery.
22. TERMINATION
The City may terminate the Agreement at its own discretion with or without cause or when
conditions encountered during performance make it impossible or impracticable for the City to
proceed, or when the City is prevented from proceeding with the Agreement by act of God, by
law, or by official action of a public authority, including the City of Cartsbad.
22.1 Termination for Convenience of the Citv
22.1.1 Termination of Contractor's Performance of Services. The City may terminate,
subject to the express terms and conditions set forth below, the Contractor's performance of the
Services underthis Agreement, in whole or, from time to time, in part, if the City Council does not
appropriate sufficient monies to fund the Agreement. The City Manager or designee shall
terminate, on behalf of the City, by delivering to the Contractor a Notice of Termination, in writing,
specifying the extent of termination and the effective date.
22.1.2 Notice of Termination. After receipt of the Notice of Termination, and except as
othenwise directed by the City Manager or designee, the Contractor shall immediately proceed as
follows:
A. Stop work immediately or as specified in the Notice;
B. Immediately place no further orders or contracts for materials, or services, except as
necessary to complete any authorized continued portion ofthe Agreement;
C. Immediately terminate all contracts and/or subcontractors, if any, to the extent that they
relate to the Services terminated;
D. With approval by the City Manager or designee, settle all outstanding obligations arising
from the termination of contracts and/or subcontractors; the approval of which will be final
for purposes of this clause;
E. If applicable and as directed by the City Manager or designee, transfer the title and deliver
to the City, completed or partially completed drawings, plans, calculations, specifications
and any other documents and records that, if the contract had been completed, would be
required to be furnished to the City;
F. Complete performance of the Services not terminated; and
G. If applicable, take any action that may be necessary, or that the City Manager or designee
may direct, for the protection and preservation of any property related to this Agreement
that is in the possession of the Contractor and in which the City has or may acquire an
interest.
22.1.3 Removal of City Property. If applicable, the Contractor may request the City to
remove or relocate any City property or enter into an agreement for its storage. Within sixty (60)
days, the City will accept title of property, remove or relocate it, or enter into a storage agreement.
22.1.4 Termination Settlement. After termination, the Contractor shall submit a final
termination settlement proposal to the City in the form and with the certification prescnbed by the
City. The Contractor shall submit the proposal promptly, but no later than sixty (60) days from
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the effective date of termination, unless extended, in writing, by the City upon written request of
the Contractor within this sixty (60) day-penod. However, if the City Manager determines that the
facts justify it, a termination settlement proposal may be received and acted on after sixty (60)
days or any extension. If the Contractor fails to submit the proposal within the time allowed, the
City may, in good faith, determine, on the basis of information available, the fair and reasonable
amount, if any, due the Contractor as a result ofthe termination and pay the amount determined.
If the Contractor does not agree that the amount determined by the City is fair and reasonable,
and if the Contractor gives notice of such disagreement to the City in accordance with Section
22.1.4 of the Agreement, within thirty (30) days of receipt of payment, then the amount due shall
be as later determined by either mediation (Section 21 above) or arbitration (Section 22.1.7
below), if the City and the Contractor agree thereto in writing, or as fixed in a court of law.
22.1.5 Payment for Contractor Due to Termination. Subject to Section 22.1.4, above,
the Contractor and the City Manager may agree upon the whole or any part of the amount to be
paid because of the termination. The amount may include a reasonable allowance for profit on
Services performed. However, the agreed amount, whether underthis Section 22.1.5 or Section
22.1.6, below, exclusive of costs shown in Section 22.1.6, subparagraph C, below, may not
exceed the total dollar amount authorized by the City as reduced by (1) the amount of payments
previously made; and (2) the contract price of Services not terminated. The contract shall be
amended, and the Contractor paid the agreed amount. Section 22.1.6, below, shall not limit,
restrict, or affect the amount that may be agreed upon to be paid under this paragraph.
22.1.6 Failure to Agree on Payment. If the Contractor and City fail to agree on the
whole amount to be paid because ofthe termination of Sen/ices, the City shall pay the Contractor
the fair and reasonable amounts determined in good faith by the City as follows, but without
duplication of any amounts agreed on under Section 22.1.5, above:
A. The contract price for completed Services accepted by the City not previously paid for, as
adjusted by any savings, returns, or other discounts to charges.
B. The total of:
1. The costs incurred in the performance of the Services terminated, including initial
costs and preparatory expense allocable thereto, but excluding costs attributable
to services paid or to be paid under Section 22.1.6, subparagraph A, above;
2. The fair and reasonable cost of settling and paying termination settlement
proposals under terminated contracts or subcontractors that are property
chargeable to the terminated portion of the Agreement if not included in
Subdivision 1, above;
3. A sum, as provided on Subdivision 1, above, determined by the City Manager or
designee to be fair and reasonable under the circumstances; however, if it
appears that the Contractor would have sustained a loss on the entire
Agreement, had it been completed, the City shall allow no profit under this
Subdivision 3 and shall reduce the settlement to reflect the indicated rate of loss.
C. The reasonable costs of settlement of the Services terminated, including:
1. Accounting, legal, clencal, and other expenses reasonably necessary for the
preparation of termination of settlement proposals and supporting data;
2. The termination and settlement of contracts and/or contractors (excluding the
amounts of such settlements); and
3. Storage, transportation, and other costs incurred, reasonably necessary for the
preservation, protection, or disposition of property in which the City has or may
acquire an interest.
22.1.7 Arbitration of Payment. If the Contractor does not agree that the amount
determined by the City Manager or designee under Section 22.1.6, above, is fair and reasonable,
and if the Contractor gives notice of such disagreement to the City in accordance with Section
22.1.4 of this Agreement within thirty (30) days of receipt of payment, then the amount due shall
be as later determined by non-binding arbitration, if the City and Contractor specifically agree
thereto, or as determined in a court of law.
22.1.8 Payment For Property Destroyed, Lost, Stolen or Damaged. Except to the
extent that the City expressly assumed the nsk of loss, the City shall exclude from the amounts
payable to the Contractor under Section 22.1.6, above, the fair market value, as determined by
the City Manager or designee, or property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to the City.
22.1.9 Determination of Amount Due Contractor. In arriving at the amount due the
Contractor under this clause, there shall be deducted:
A. All unliquidated advance or other payments to the Contractor under the terminated portion
of this Agreement;
B. Any claim which the City has against the Contractor under this Agreement; and
C. The agreed price for, or the proceeds of sale of, materials, supplies, or other things
acquired by the Contractor or sold under the provisions of this clause and not recovered
by or credited to the City.
22.1.10 Partial Termination. If the termination is partial, the Contractor may file a
proposal with the City Manager for an equitable adjustment of the pnce(s) of the continued portion
of the Agreement. The City shall make any equitable adjustment agreed upon. Any proposal by
the Contractor for an equitable adjustment under this clause shall be requested within sixty (60)
days from the effective date of termination, unless extended, in writing, by the City Manager or
designee.
22.1.11 Partial Termination Payments. The City may, under the terms and conditions
it prescribes, make partial payments and payments against costs incurred by the Contractor for
the terminated portion of the Agreement if the City believes the total of these payments will not
exceed the amount to which the Contractor will be entitled.
If the total payments exceed amounts finally determined to be due, the Contractor shall repay the
excess to the City upon demand, together with interest. Interest shall be at a rate often percent
(10%) per annum compounded daily and shall be computed for the penod from the date the
excess payment is received by the Contractor to the date the excess is repaid. Interest shall not
be charged on any excess payment due to a reduction in the Contractor's termination settlement
proposal because of retention or disposition, or a later date determined by the City because of
the circumstances.
22.1.12 Records and Documents Relating to Termination. Unless othenwise provided
in the Agreement or by statute, the Contractor shall maintain all records and documents relating
to the terminated portion of this contract for three (3) years after final settlement. This includes
all books and other evidence beanng on the Contractor's costs and settlement. This includes all
books and other evidence bearing on the Contractor's costs and expenses under this Agreement.
The Contractor shall make these records and documents available to the City, at the Contractor's
office, at all reasonable times, without any direct charge. If approved by the City, photographs,
microphotographs, and other authentic reproductions may be maintained instead of original
records and documents.
22.2 Termination for Default
A. The City may, by written notice of default to the Contractor, terminate the whole, or any
part of this Agreement based on Contractor's default of any term or condition of this
Agreement, provided that Contractor fails to cure such default within ten (10) days after
receipt of such notice. The following are considered defaults:
(1) Failure to perform the services within the time specified; or
(2) Failure to perform any of the obligations of this Agreement, or to make progress in
performance which may jeopardize full performance.
B. In the event the City terminates this Agreement based on default, in whole or in part, the
City may procure, upon such terms and in such manner as the City may deem appropnate,
like services from another vendor or source and Contractor shall be liable to the City for
any excess costs. The Contractor shall also continue performance to the extent not
terminated.
22.3 Termination for Cause
This Agreement may be terminated by City for cause in the event of a material breach of this
Agreement, misrepresentation by Contractor in connection with the formation of this Agreement,
or the failure to perform Services as required pursuant to the terms and conditions of this
Agreement. Termination for cause shall be effected by delivery of wntten notice of termination to
Contractor. Such termination shall be effective upon delivery of said notice. City is not required to
give Contractor an opportunity to cure the default. Notwithstanding the foregoing. City may, in its
sole discretion permit Contractor an opportunity to cure the default pursuant to Section 22.2
above.
22.4 Termination for Bankruptcy or Assignment for the Benefit of Creditors
If the Contractor files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a
general assignment for the benefit of creditors, the City may at its option and without further notice
to or demand upon the Contractor, immediately terminate this Agreement, and terminate each
and every nght ofthe Contractor, and any person claiming any nghts by or through the Contractor.
The nghts and remedies of the City enumerated in this section are cumulative and shall not limit,
waive, or deny any ofthe City's nghts under any other provision of this Agreement. Nor does this
waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement
or hereinafter enacted or established, that may be available to the City.
22.5 Termination Based on Lack of Annual Appropriation of Funds
Multi-year agreements are subject to annual appropriation of funds by the City Council. In the
event sufficient funds are not appropriated for the next fiscal year, the Agreement may be
terminated at the end of the current fiscal year. The City shall not be obligated to make further
payments. In the event of termination or reduction of services, Contractor shall be compensated
in accordance with Section 22.1 above.
23. WITHHOLD REMEDY AND LIQUIDATED DAMAGES
In addition to, and cumulative to all other remedies in law, at equity and provided under this
Agreement, in the event Contractor is in matenal default of its duties or obligations under this
Agreement and it fails to cure the default within twenty (20) days after receipt of written notice of
default from City, City may, without waiving any other rights under this Agreement, elect to
withhold from the payments due to Contractor under this Agreement dunng the penod beginning
with the 16th day after Contractor's receipt of notice of default, and ending on the date that the
default has been cured to the reasonable satisfaction of City, an amount that is in proportion to
the magnitude of the default or the Service that Contractor is not providing. Upon cunng of the
default by Contractor, City will cause the withheld payments to be paid to Contractor, without
interest, and less any amounts to be set off as liquidated damages as provided in this Section.
Failure to cure a default within twenty (20) days after receipt of written notice of default from City
shall entitle City to the payment by Contractor of liquidated damages in the amount of $2,000.00
per day. Contractor acknowledges and agrees that the liquidated damages assessed pursuant
to this Section shall be payable to City upon demand and may, at City's option, be set off against
any monies due to Contractor under this Agreement and are reasonable, due to the difficulty in
calculating exact damages, and under the circumstances existing as of the date this Agreement
is entered into.
24. ORDER OF PRECEDENCE
In the event of any inconsistency between or among the Agreement, Exhibits, Request for
Proposal, Response to Request for Proposal, Amendment(s) to Agreement, or any other
documents, the inconsistency shall be resolved by giving precedence in the following order:
A. Agreement Amendment(s)
B. Agreement
C. Response to Request for Bids
25. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor 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 making of this Agreement. For breach or violation
of this warranty. City will have the nght to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
26. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to cnminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
27. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a nght
or nghts provided for by this Agreement will be tned in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
28. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
29. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
ofthe Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
(Remainder of Page Intentionally Left Blank)
30. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
3Frte^ (print name/title)
Director as authorized by the Cily Manager
Matt Hall
ATTEST:
in here)
(print name/Stle)
JBARA EN
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROV!
CELIA
BY:
ORM:
orney
r. Assistant City Attorney
State of Colorado
County of Arapahoe }
On . \\ I't^xL 20!^^ [2^1*0 . before me, Y-^T^^^^hSL^^^ V'K ^ Notary Public,
personally appeared "X"!?, ft<^~L iM ^ proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of Colorado that the foregoing
paragraph is true and correct.
KATHERINE G PALA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134027662
MY COMMISSION EXPIRES AUGUST 2,2017
WITNESS my hand and official seal.
Signature
Description of attached document:
1.^
state of Colorado
County of Arapahoe }
On'^vhvs?^ "2^^ ^O^i^ , before me, V.VA^ ^(^ . Notary Public,
personally appeared T'^. 2- OLJpH who proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing
paragraph is true and correct.
KATHERINE G PALA
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 20134027662
WITNESS my hand and official seal.
Signature
Description of attached document:
APPENDIX 'A' to Agreement for Parks Maintenance Services
(Terracare Associates)
Scope of Work
Work Category A
Overall - Applicable To Each Scope Of Work Category
PART I - GENERAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
2.0 REQUIRED CERTIFICATIONS/LICENSES
3.0 CONTRACTOR'S STAFF AND TRAINING
4.0 HOURS AND DAYS OF MAINTENANCE SERVICES
5.0 MAINTENANCE SCHEDULES
6.0 EXPANDED SCOPE OF CONTRACT
7.0 PAYMENT AND INVOICES
8.0 WORK BY OTHER FORCES
9.0 EXTRA WORK
10.0 EQUIPMENT
11.0 PERFORMANCE DURING INCLEMENT WEATHER
12.0 COMMUNICATIONS AND EMERGENCY RESPONSE
13.0 INSPECTIONS, MEETINGS AND REPORTS
14.0 DAMAGES CAUSED BY CONTRACTOR
15.0 ENFORCEMENT AND DEDUCTIONS
16.0 SAFETY
17.0 TRAFFIC CONTROL
18.0 NON-INTERFERENCE-NOISE
19.0 USE OF CHEMICALS
20.0 DISPOSAL
21.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
22.0 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
23.0 PROVISIONS FOR EMERGENCIES
24.0 RECORDS/REPORTS
PARTI
GENERAL SPECIFICATIONS
1.00 GENERAL REQUIREMENTS
1.01 The premises shall be maintained with a crisp, clean appearance and all work
shall be performed in a professional, workmanlike manner using quality
equipment and materials.
1.02 CONTRACTOR is expected to have the appropriate staff and equipment
available to perform all portions of this CONTRACT within the given time frames.
CONTRACTOR shall clearly identify each piece of riding/driving equipment used
at areas of service with decals, noting CONTRACTOR'S name (including logo),
and phone number.
1.03 CONTRACTOR shall comply with the provisions of the Immigration Reform and
Control Act of 1986, Public Law 99-603.
1.04 CONTRACTOR shall provide the labor, materials, equipment, tools, services and
special skills necessary for the provision of parks maintenance services, except
as otherwise specified hereinafter. The premises shall be maintained to the
highest of standards at no less than the minimum frequencies set forth herein.
1.05 CONTRACTOR shall employ only workers who are competent to perform the
work assigned to them, and in the case of skilled labor, who are adequately
trained and experienced in their respective trades and who do satisfactory work.
Should the CITY notify CONTRACTOR that any person(s) employed by
CONTRACTOR is, in the CITY'S opinion, incompetent, unfaithful, or
insufficiently skilled while on the work site, such person shall be immediately
discharged from the work site and shall not be re-deployed thereon except with
the written consent of CITY.
1.06 CONTRACTOR is hereby required to render and provide parks maintenance
services as described in the Categories of Section 3-Scope of Work.
1.07 Upon commencement of work under this CONTRACT, CONTRACTOR shall be
fully equipped and staffed; thoroughly familiar with CONTRACT requirements
and prepared to provide all services required.
1.08 CONTRACTOR accepts the sites of services in their present physical condition
and physical condition at time of CONTRACT award, and agrees to make no
demands upon CITY for any improvements or alterations thereof.
1.09 CONTRACTOR shall, during the term of this CONTRACT, respond to all
emergencies, to the satisfaction of CITY, within one (1) hour of notification.
1^1
1.10 CONTRACTOR shall perform a weekly maintenance inspection independently,
and a monthly maintenance inspection jointly with CITY, during daylight hours of
all areas within the scope of this CONTRACT. Such inspections shall be both
visual and operational. It shall include operation of all irrigation systems to check
for proper condition and reliability. CONTRACTOR shall take immediate steps to
correct any observed and/or operational irregularities, and submit a written report
regarding identified irregularities to CITY.
1.11 CONTRACTOR shall document and report to CITY all observations of: graffiti
and other vandalism; illegal activities; transient camps; missing or damaged
equipment or signs; hazards or potential hazards, including without limitation,
sidewalk hazards caused by trees or other means, within 2 hours of observation.
1.12 CONTRACTOR shall incorporate and comply with all applicable Storm Water
pollution prevention Best Management Practices (BMPs) during the performance
of this CONTRACT. All parks maintenance services must be in compliance with
the most current San Diego Regional Water Quality Control Board (RWQCB)
municipal permit. City of Cartsbad Junsdictional Urban Runoff Management Plan
(JURMP), and Cartsbad Municipal Code (CMC); RWQCB municipal permit and
JURMP are on file with CITY. Said permits and plans, as may be amended from
time to time, are incorporated herein by reference.
1.13 CONTRACTOR shall indicate in their proposal methods of compliance,
equipment utilized to insure compliance, training of staff and expenence in
compliance with environmental regulations. If in the opinion of CITY,
CONTRACTOR is not in compliance with this provision, CITY reserves the nght
to implement BMPs to the maximum extent practical, and deduct payment due or
back charge CONTRACTOR for implementation.
2.0 REQUIRED CERTIFICATIONS/LICENSES
2.01 CONTRACTOR shall have and maintain a valid State of California C-27
CONTRACTOR'S license throughout the term of this CONTRACT. License must
be in good standing for the previous five (5) consecutive years without any
unresolved official record of complaints registered or filed with the Board or
California Department of Consumer Affairs.
2.02 CONTRACTOR shall possess the most recent California Highway Patrol
Commercial Vehicle Inspection (BIT) report for all commercial equipment used
throughout the term of this CONTRACT.
2.03 CONTRACTOR shall possess at least:
• International Society of Arboriculture (ISA) Tree Worker certification for all crew
members who perform tree trimming.
• ISA Tree Worker certification for all Foremen of any crews that perform tree
tnmming.
2.04 CONTRACTOR shall possess at least:
California Department of Pesticide Regulations (CDPR) Qualified Applicator
certification for all crew members who perform pesticide applications.
• CDPR Qualified Applicator certification for all Foremen of any crews that
perform pesticide applications.
3.0 CONTRACTOR'S STAFF AND TRAINING
3.01 CONTRACTOR shall provide sufficient personnel to perform all work in
accordance with the specification set forth herein.
3.02 With respect to all persons employed or contracted by CONTRACTOR to
perform Services under this CONTRACT, CONTRACTOR shall ensure that pre-
employment or pre-contracting reference and background checks have been
conducted on all personnel directly performing Services under this CONTRACT
(which shall include but not be limited to, all such persons who shall come on to
the premises at any CITY facility or in any CITY park or public nghts-of-way in
the performance of their duties or tasks). CONTRACTOR shall be responsible for
ensuring that federal, state and county of residence criminal background checks
- via Livescan or equivalent means, as approved by the CITY - are conducted on
all personnel providing Services or work under this CONTRACT, prior to their
commencement of Services under this CONTRACT, and shall exclude from any
direct participation in the performance ofthe Services any dishonest,
unreasonably dangerous, felon, or otherwise unqualified persons. In addition,
CONTRACTOR shall be responsible for ensuring that the aforementioned
cnminal background checks are annually renewed, prior to the anniversary date
of the execution of this CONTRACT, CONTRACTOR will abide by all applicable
laws, rules and regulations including, but not limited to the Fair Credit Reporting
act and/or any equal opportunity laws, rules, regulations or ordinances.
CONTRACTOR shall maintain paperwork to support its compliance with the
above.
• CITY shall have the nght to audit background check data.
• CITY shall have the absolute nght to review and disapprove any personnel assigned
to perform any of the Services required pursuant to this CONTRACT.
• CITY shall have the unrestricted right to order the removal of any person(s) assigned
by CONTF?ACTOR by giving oral or written notice to CONTRACTOR to such effect.
• CONTRACTOR'S personnel shall at all times while performing any of the Services
required under this CONTRACT comply with CITY's drug and alcohol policies then in
effect.
• CONTFTACTOR shall remove any person from performing any Services to CITY if
said person is arrested and charged with either a misdemeanor or felony.
1^1
3.03 CONTRACTOR is encouraged to provide, at its own costs, on-going systematic
skills training, and to promote participation in, and certification by professional
associations. CONTRACTOR'S systematic skills training program, and
certifications required by CONTRACTOR for employees in a given position,
should be noted in CONTRACTOR'S Statement of Technical Ability Expenence
(Work Force).
3.04 Each crew of CONTRACTOR'S employees (including subcontractors, if any)
shall include at least two individuals who speak the English language proficiently.
For the purposes of this Section, a crew is understood to be any group of
workers who service any tree, park, school athletic field, facility, streetscape,
median, parkway, undeveloped park site, urban forest, or trail area. The
Foreman of each crew of CONTRACTOR'S employees (including
subcontractors) shall be one ofthe individuals who speak the English language
proficiently.
3.05 CITY may at any time give CONTRACTOR written notice to the effect that the
conduct or action of a designated employee of CONTRACTOR (including
subcontractors) is, in the sole discretion of CITY, detrimental to the interest ofthe
public patronizing the premises. CONTRACTOR shall meet with representatives
of CITY to consider the appropriate course of action with respect to such matter
and CONTRACTOR shall take reasonable measures under the circumstances to
assure CITY that the conduct and activities of CONTRACTOR'S employees will
not be detrimental to the interest ofthe public patronizing the premises.
3.06 CITY may at any time order any of CONTRACTOR'S personnel removed from
the premises when, in the sole discretion of CITY, said CONTRACTOR'S
personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest
of CITY or the public patronizing the premises.
3.07 CONTRACTOR shall require each of his personnel to adhere to basic public
works standards of working attire including uniform shirts and/or vests cleariy
marked with CONTRACTOR'S company name (including logo, if applicable), and
employee name badges as approved by CITY. Sufficient changes of attire shall
be provided to present a neat and clean appearance of CONTRACTOR'S
personnel at all times. Shirts shall be worn and buttoned at all times.
CONTRACTOR'S personnel shall be equipped with proper shoes and other gear
required by Cal-OSHA and other State safety regulations. Brightly colored traffic
vests or reflectors shall be worn when personnel are working near vehicular
traffic.
3.08 CONTRACTOR shall designate a person (Contract Manager) who can
communicate effectively both in written and oral English and who shall be
present at all times during CONTRACT operations as described in this
CONTRACT. Any order or communication given to CONTRACTOR'S Contract
Manager shall be deemed as delivered to CONTRACTOR.
10
3.09 CONTRACTOR shall provide a minimum of two personnel per Category B, C, D,
E, and F of Section 3 - Scope of Work, who are CLCA Certified Landscape
Technicians -Irrigation (CLT-I). These personnel shall be assigned to the
category crew(s) and be fully trained in all phases of landscape irrigation
systems operation, maintenance, adjustment and repair.
4.00 HOURS AND DAYS OF MAINTENANCE SERVICES
4.01 The hours of maintenance service shall be 7:00 a.m. to 4:00 p.m. daily, except as
approved, in writing, by CITY.
4.02 CONTRACTOR shall provide staffing to perform the required maintenance
services during the prescribed hours seven (7) days per week. Any changes in
the days of operation heretofore prescribed shall be subject to approval, in
writing, by CITY.
4.03 CONTRACTOR is advised that any travel lane closures necessary, on major or
arterial roads as defined by CITY, are subject to limited hours, except as
approved, in writing, by CITY. No work, related to a lane closure, including
installation or removal of traffic control devices, may occur outside the hours of
8:30 a.m. and 3:30 p.m. daily on these roads.
4.04 The use of all power tools is prohibited daily between 6:00 p.m. and 7:00 a.m.,
except under emergency circumstances as approved by CITY.
5.00 MAINTENANCE SCHEDULES
5.01 CONTRACTOR will be provided the maximum latitude in establishing work
schedules, which correspond to its staff and equipment resources.
5.02 CONTRACTOR shall adhere to the tree pruning schedule as developed and
provided by CITY, per Category B and F of Section 3-Scope of Services
including providing the staff and equipment that would be required to complete
the project.
5.03 CONTRACTOR shall, within thirty (30) calendar days after CITY executes this
CONTRACT, submit work schedules to CITY for review and written approval.
Said work schedules shall identify required operations and delineate the time
frames for performance, and shall be updated and submitted by CONTRACTOR
to CITY on a quarterly basis thereafter.
6.00 EXPANDED SCOPE OF CONTRACT
6.01 CITY may award expanded work to CONTRACTOR, at the discretion of CITY.
Expanded work will be awarded on a negotiated proposal and acceptance basis
as when CITY determines that it is appropriate to negotiate a fixed price for work
n
in lieu of utilizing unit prices. Payment for work shall be performed by negotiated
agreement between CITY and CONTRACTOR or on a TIME AND MATERIALS
basis in accordance with CONTRACTOR'S Proposed Cost of Services chart.
6.02 Prior to performing expanded work, CONTRACTOR shall prepare and submit a
written proposal including a description ofthe work, a list of materials, and a
schedule for completion. No work shall commence without written approval of
CONTRACTOR'S proposal by CITY. This proposal is subject to acceptance or
negotiation by CITY.
6.03 Expanded work shall commence on the specified date established and
CONTRACTOR shall proceed diligently to complete said work within the time
allotted.
7.00 PAYMENT AND INVOICES
7.01 CONTRACTOR shall present monthly invoices, for all Services performed during
the preceding month. Said invoice shall include all required certifications and
reports as specified hereinafter. The invoice shall be submitted on or before the
fifth (5th) day of each month in the amount of the compensation to be paid by
CITY for all Services rendered by CONTRACTOR under the terms and
conditions of this CONTRACT. Said payment shall be made within thirty (30)
days upon receiving the invoices, providing that all Services performed during the
preceding month has been inspected and accepted by CITY and that applicable
certifications have been submitted in accordance with the provisions of this
CONTRACT.
7.02 Monthly invoices shall be prepared separately for areas of service, in following
format:
In voice # - Communitv Parks
Location Account Number Monthly Cost
Alga Norte Community Park 0014610-7550 $(AMOUNT)
Aviara Community Park
Calavera Hills Community Park
Chase Fields
Pine Avenue Community Park
Poinsettia Community Park (w/ NTP)
Stagecoach Community Park (w/
NTP)
Zone 5 Park
TOTAL MONTHLY COST $(AMOUNT)
invoice # - School Athletic Fields
Location Account Number Monthly Cost
Aviara Oaks Middle School 0014610-7550 $(AMOUNT)
Buena Vista Elementary School
Carisbad High School
Hope Elementary School
Jefferson Elementary School
Kelly Elementary School
La Costa Heights Elementary School
Magnolia Elementary School
Valley Middle School
La Costa Meadows School/El Fuerte
Park
TOTAL MONTHLY COST $(AMOUNT)
Invoice # - Extra Work:
Location Account Number Monthly
Cost
TBD by City Request TBD by Work
Area
TOTAL MONTHLY COST
$(AMOUNT)
7.03 Invoices for approved "Extra Work" shall be in a format acceptable to CITY,
including attachments, such as copies of suppliers' invoices, which CITY may
require to verify CONTRACTOR'S billing. Invoices for extra work shall be
submitted on separate invoices. Unless otherwise requested by CITY, one
invoice shall be submitted for each distinct and complete item of "Extra Work".
7.04 In the event CITY transfers title or maintenance responsibility of the premises or
a portion thereof, this CONTRACT shall continue in full force and effect, except
said portion, at the discretion of CITY, may be deleted from the premises to be
maintained and the CONTRACT sum shall be reduced accordingly.
8.00 WORK BY OTHER FORCES
8.01 In the event that CITY determines that work requested is of an unknown duration,
not easily quantified or CONTRACTOR'S proposal for work is not approved,
CITY reserves the right to perform such work with other forces.
9.00 EXTRA WORK
9.01 Extra work shall be performed by CONTRACTOR or by competitive bid option at
the discretion of CITY. CONTRACTOR may be asked to complete extra work
outside of the CONTRACT'S scope of work at the unit cost rates agreed to in
this CONTRACT. If CITY decides to give CONTRACTOR extra work, it will be
awarded only with the following criteria:
• All regular/routine maintenance tasks are to be completed per schedule and
to the satisfaction of CITY.
• The extra work project bid prices are consistent with the unit cost(s) included
in CONTRACTOR'S bid. The cost of any extra work required that exceeds
$45,000 shall be competitively bid upon at CITY'S discretion.
9.02 "Extra Work" may include, but is not limited to:
• Removing debris from park backstop nets
• Removing, replacing, or repairing banners from street light standards
• Erecting and lighting a holiday tree in the Downtown Village
9.03 CITY may award extra work to CONTRACTOR, or to other forces, at the
discretion of CITY. New or unforeseen work will be classified as extra work when
CITY determines that it is not covered by CONTRACT unit prices or is
significantly different than CONTRACTOR'S other work areas.
9.04 Prior to performing any extra work, CONTRACTOR shall prepare and submit a
written proposal including a description ofthe work, a list of materials, and a
schedule for completion. CITY may accept, reject or seek to negotiate the
proposal with CONTRACTOR. No extra work shall commence without written
approval of CONTRACTOR'S proposal by CITY.
9.05 Rental fees attributed to the extra work shall include rental time for machinery or
equipment that is required, for extra work, plus move-in and/or move-out
charges. All equipment shall be in good working order and be suitable for its
purposes.
9.06 When a condition exists which CITY deems urgent, CITY may verbally authorize
the extra work to be performed upon receiving a verbal estimate from
CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal
authorization, CONTRACTOR shall submit a written estimate, consistent with the
verbal authorization, to CITY for written approval.
9.07 All extra work shall commence on the specified date established and
CONTRACTOR shall proceed diligently to complete said work within the time
allotted.
9.08 CONTRACTOR must be able to do the extra work without impact on regular
maintenance. This extra work shall be completed per specified timeframe.
10.00 EQUIPMENT
10.01 CONTRACTOR shall only use equipment identified in the bid submittal, or
thereafter with written CITY approval, during the term of this CONTRACT.
10.02 CONTRACTOR shall have, or be able to acquire through rental, back-up
equipment necessary to complete that day's routine and/or specialty tasks. This
back-up equipment must be on site and ready to continue service within two (2)
hours from the time the existing equipment has failed to work properiy.
10.03 All equipment shall be generally clean, void of significant body damage, in good
working order, leak-free, and regulariy maintained.
10.04 Each piece of riding/driving equipment used at areas of service shall be cleariy
identified with decals, noting CONTRACTOR'S name (including logo), and
phone number.
10.05 CONTRACTOR must use appropriate equipment suitable for commercial
applications in completing all required tasks in this CONTRACT.
11.00 PERFORMANCE DURING INCLEMENT WEATHER
11.01 During the periods when inclement weather hinders performance of the required
work, CONTRACTOR may adjust its work force in order to accomplish those
activities that are not affected by weather.
11.02 All drains and drainage conveyance devices on work sites shall be checked daily,
at a minimum, during inclement weather, and cleaned, as needed.
11.03 CONTRACTOR may be required during inclement weather to perform clean-up
tasks as requested by CITY. CONTRACTOR'S labor hours shall not exceed the
normal working hours without prior written approval by CITY. Any extra work is
subject to the terms and conditions as stated in Section 7.03.
12.00 COMMUNICATIONS AND EMERGENCY RESPONSE
12.01 CONTRACTOR shall, during the term of this CONTRACT, maintain a single
telephone number, with a local San Diego region area code, at which
CONTRACTOR or CONTRACTOR'S responsible employee may be contacted
at any time, twenty-four (24) hours per day, 7 days per week, to take the
necessary action regarding all inquiries, complaints and the like, that may be
received from CITY. For hours beyond the normal 7:00 a.m. to 4:00 p.m.
business day, an answering service shall be considered an acceptable
substitute for full time twenty-four hour coverage, provided that CONTRACTOR
responds to CITY by return call within thirty (30) minutes of CITY'S original
call.
15
12.02 Whenever immediate action is required to prevent possible injury, death, or
property damage, CITY may, after reasonable attempt to notify CONTRACTOR,
cause such action to be taken by alternate work forces and, as determined by
CITY, charge the cost thereof to CONTRACTOR, or deduct such cost from any
amount due to CONTRACTOR including a fifteen percent (15%) markup for
administrative costs.
12.03 During normal working hours, CONTRACTOR shall have the ability to contact
and provide direction to its field crews within thirty (30) minutes of notification by
CITY.
12.04 All complaints shall be addressed as soon as possible after notification; but in all
cases within 24 hours, to the satisfaction of CITY. If any complaint is not
addressed within 24 hours, CITY shall be notified immediately ofthe reason for
not addressing the complaint followed by a written report to CITY within five (5)
working days. If the complaints are not abated within the time specified or to the
satisfaction of CITY, CITY may correct the specific complaint and the total cost
incurred by CITY will be deducted from payments owing to CONTRACTOR from
CITY.
12.05 CONTRACTOR shall maintain a written log of all complaints, the date and the
time thereof and the action taken pursuant thereto or the reason for non-action.
Said log of complaints shall be open to the inspection of CITY at all reasonable
times and without prior notice to CONTRACTOR.
12.06 CONTRACTOR'S supervisors and foremen shall carry cellular telephones with
local San Diego region area code. Supervisors and foremen shall respond
within thirty (30) minutes to any call from CITY, at any time, during normal
working hours.
13.00 INSPECTIONS. MEETINGS AND REPORTS
13.01 CONTRACTOR and CITY shall inspect all sites on a monthly basis.
CONTRACTOR shall bring its lists of problems and deficiencies along with
schedules or proposals for correcting these items to the monthly meetings.
Safety issues are to be brought to the attention of CITY immediately.
13.02 CONTRACTOR and CITY shall meet weekly at minimum to review
CONTRACTOR'S schedules and performance, resolve problems, and perform
supplemental field inspections, as required. At the request of CITY, the owner or
other executive officer of CONTRACTOR shall be available to attend these
meetings.
13.03 Irrigation inspections will occur within one (1) day of repair completion.
13.04 CITY reserves the right to perform inspections, including inspection of
CONTRACTOR'S equipment, at any time for the purpose of verifying
CONTRACTOR'S performance of CONTRACT requirements and identifying
deficiencies.
13.05 CONTRACTOR or an authorized representative shall meet with CITY on each
site at the discretion and convenience of CITY, for inspections.
13.06 At CITY'S request CONTRACTOR shall attend meetings, as determined by
CITY, for purposes of orientation, information sharing, CONTRACT revision,
description of CITY policies, procedures, standards, and the like.
13.07 CONTRACTOR shall provide to CITY such written documentation and/or regular
reports as CITY deems necessary to verify and review CONTRACTOR'S
performance under this CONTRACT and to provide to CITY pertinent information
relative to the maintenance, operation, and safety ofthe sites underthis
CONTRACT.
14.00 DAMAGES CAUSED BY CONTRACTOR
14.01 All damages incurred to sites under CONTRACT, by CONTRACTOR'S operation
shall be repaired or replaced, by CONTRACTOR or by other forces (at the
discretion of CITY), all at CONTRACTOR'S expense.
14.02 All such repairs or replacements, which are directed by CITY are to be done by
CONTRACTOR, shall be completed within the time limits established by CITY.
14.03 Damaged trees, shrubs, turf, and ground cover shall be repaired or replaced in
accordance with the following maintenance practices:
A. Trees: Minor damage such as bark lost from impact of operating equipment
shall be remedied by a qualified tree surgeon or arborist. If damage results in
loss or significant compromise to the health or quality of a tree, the damaged
tree shall be removed and replaced to comply with the specific instructions of
CITY.
B. Shrubs: Minor damage may be corrected by appropriate pruning. Major
damage shall be corrected by removal of the old plant material and
replacement with new plant material.
C. Adjacent turf and groundcover: Minor turf damage may be corrected by
appropriate amending and over seeding damaged areas. Major damage shall
be corrected by removal and replacement of turf of like variety. Minor
groundcover damage shall be corrected by appropriate pruning. Major
damage shall be corrected by removal of the old plant material and
replacement with new plant material identical to the damaged plant material.
11
D. Adjacent Improvements: CONTRACTOR shall remove and replace all
surface and hardscape improvements damaged by its work to the satisfaction
of CITY. All damaged improvements shall be replaced in accordance with
CITY standards. CONTRACTOR shall be fully licensed for the type of repair
work being performed or shall employ a subcontractor licensed in the
discipline required.
15.00 ENFORCEMENT AND DEDUCTIONS
15.01 CITY'S Parks Superintendent or designee shall be responsible for the
enforcement of this CONTRACT on behalf of CITY.
15.02 CITY shall prepare and implement an Inspection Rating System to be used to
verify monthly payments and deductions from payments (see Appendix A for a
sample rating system). This form and system may be modified at the discretion
of CITY. CONTRACTOR agrees to be evaluated by said system and bound by
the ratings and/or deductions from payments indicated in the monthly Inspection
Rating System. To avoid deductions from payment of services for individual
sites' bid amounts, CONTRACTOR must receive a Total Rating of 95 - for the
respective site, and forthe general duties ofthe CONTRACT.
15.03 If in the judgment of CITY, CONTRACTOR is deemed to be non-compliant with
the terms and obligations ofthe CONTRACT, CITY, may, in addition to other
remedies provided herein, withhold the entire monthly payment, deduct pro-rata
from CONTRACTOR'S invoice for work not performed to the standards of this
CONTRACT, and/or deduct assessed liquidated damages. Notification ofthe
amount to be withheld or deducted from payments to CONTRACTOR will be
foHA/arded to CONTRACTOR by CITY in a written notice describing the reasons
for said action. The monthly Inspection Rating System report shall constitute
reason for any deductions so imposed.
15.04 The parties agree that it will be impracticable or extremely difficult to fix the
extent of actual damages resulting from the failure of CONTRACTOR to correct a
deficiency. If after twenty (20) days of notification from CITY, CONTRACTOR
fails to correct deficiencies, CITY may correct any and all deficiencies using
alternate forces. Any damages occurred as a result of CONTRACTOR failures
shall be deducted from CITY'S payment to CONTRACTOR. The total costs
incurred by completion of the work by alternate forces will be deducted from the
payment to CONTRACTOR.
16.00 SAFETY
16.01 CONTRACTOR agrees to perform all Services outlined in this CONTRACT in
such a manner as to meet all accepted standards for safe practices during the
maintenance operation and to safely maintain stored equipment, machines, and
materials or other hazards consequential or related to the Services; and agrees
It?
additionally to accept the sole responsibility for complying with all CITY, County,
State or Federal requirements at all times so as to protect all persons, including
CONTRACTOR'S employees, agents of CITY, CONTRACTORS, members of
the public or others from foreseeable injury, or damage to their property.
16.02 It shall be CONTRACTOR'S responsibility to inspect, and identify, any
condition(s) that renders any portion ofthe premises unsafe, as well as any
unsafe practices occurring thereon. CONTRACTOR shall immediately notify
CITY of any unsafe condition that it observes which requires correction outside
the scope of this CONTRACT. However, CONTRACTOR shall be responsible for
making minor corrections including, but not limited to; filling holes in ground, turf
or paving; using barricades or traffic cones to alert patrons ofthe existence of
hazards, including trip, slip or fall hazards; replacing valve box covers; and the
like, so as to protect members of the public or others from injury.
16.03 CONTRACTOR shall notify CITY immediately of any occurrence on the premises
of accident, injury, or persons requiring emergency services and, if so requested,
shall prepare a written report thereof to CITY within three (3) calendar days
following the occurrence. CONTRACTOR shall cooperate fully with CITY in the
investigation of any such occurrence.
17.00 TRAFFIC CONTROL
17.01 Prior to any work in the public right-of-way, CONTRACTOR shall submit
documentation of compliance with all applicable traffic control regulations.
CONTRACTOR shall submit supplementary traffic control plans for unusual
circumstances that are out of the ordinary for right-of-way maintenance. A traffic
control system consists of closing traffic lanes or pedestrian walkways in
accordance with the details shown on the plans, and the California Manual on
Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended
for use in California). The provisions in this section will not relieve
CONTRACTOR from its responsibility to provide such additional devices or take
such measures as may be necessary to maintain public safety.
17.02 When lanes are closed for only the duration of work periods, all components of
the traffic control system, except portable delineators placed along open trenches
or excavation adjacent to the traveled way shall be removed from the traveled
way and shoulder at the end of the work period. If CONTRACTOR so elects,
said components may be stored at selected central locations, if so approved in
writing by CITY'S Traffic Engineer, within the limits ofthe right-of-way.
17.03 Bike lane closures should include work area warning signs for bicyclists, such as
"bike lane closed ahead" and proper delineation for closure of the bike lane. If
encroachment into a traffic lane occurs, the lane should be closed with the
above procedures for arterial lane closures.
1^
17.04 Whenever possible, park all maintenance vehicles and trailers off major arterial
roadways and park on cross streets that have less traffic or in CITY Park
parking lots.
17.05 CONTRACTOR shall comply with all requirements of CITY'S Traffic Engineer
and shall bear all costs of required traffic control including, but not limited to
signs, cones, markers, flagmen, etc.
18.00 NON-INTERFERENCE - NOISE
18.01 CONTRACTOR shall not interfere with the public use ofthe premises and shall
conduct its operations as to offer the least possible obstruction and
inconvenience to the public or disruption to the peace and quiet ofthe area within
which the services are performed.
18.02 In the event that CONTRACTOR'S operations must be performed when persons
of the public are present, CONTRACTOR shall courteously inform said persons
of any operations that might affect them and, if appropriate, request persons to
move out of the work area.
18.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with
regard to equipment operations. CONTRACTOR shall not use any power
equipment prior to 7:00 a.m. or later than 6:00 p.m., except under emergency
circumstances. Further, any schedule of such operations may be modified by
CITY in order to insure that the public is not unduly impacted by the noise
created by such equipment.
19.00 USE OF CHEMICALS
19.01 All work involving the use of chemicals shall be in compliance with all federal,
state and local laws and will be accomplished by or under the direction of a State
of California Licensed Pest Control Operator.
19.02 Chemical applications shall strictly conform to all governing regulations.
CONTRACTOR'S staff applying chemicals shall possess all required licenses
and certifications.
19.03 Records of all operations; including applicators names, stating dates, times,
methods of application, chemical formulations, and weather conditions shall be
made and retained according to governing regulations.
19.04 All chemicals requiring a special permit for use must be registered with the
County Agricultural Commissioner's Office and a permit obtained.
19.05 Material Safety Data Sheets (MSDS) and sample labels shall be provided to
CITY for all products and chemicals used within CITY.
19.06 CONTRACTOR shall prepare and submit a schedule to CITY detailing all
proposed chemical usage for approval. This schedule shall indicate; proposed
dates of application, type of chemical proposed for use, area intended for
application and a quantity estimate ofthe material to be applied. CONTRACTOR
shall provide to CITY an updated schedule on a quarteriy basis indicating the
applications in the previous quarter and any proposed changes to the approved
annual schedule for the next quarter for approval. CONTRACTOR shall also
submit a sample of notice for posting at all school sites to CITY for approval.
CONTRACTOR shall be responsible for posting all school sites prior to chemical
application in accordance with all federal, state, and local requirements. If
CONTRACTOR fails to provide and post the required notification CONTRACTOR
shall not apply any chemicals and CONTRACTOR shall submit a revised
schedule to CITY for approval prior to application of any chemicals not detailed in
the approved annual schedule.
19.07 Chemicals shall only be applied by those persons possessing a valid California
Qualified Applicator license/certificate or under supen/ision of a QAUC.
Application shall be in strict accordance with all governing regulations.
19.08 Pesticides shall be applied in a manner to avoid contamination of non-targeted
areas. Precautionary measures shall be employed to keep the public from
entering the spray zone until the chemical has either dried or dust settled.
CONTRACTOR spraying staff will remain on site until the area is safe for the
public to enter.
19.09 Pesticide applications in school sites and in parks adjacent to school sites falling
under the Safe Schools Act of 2000 shall be performed during school closure
times only. An advanced notification to the school district will be required.
20.00 DISPOSAL
20.01 All landscape debris shall be disposed through a landscape material recycling
center or reused in some manner. Landscape debris shall not be disposed of in
a landfill without prior written approval from CITY. CONTRACTOR shall dispose
of all cuttings, weeds, leaves and other debris from the operation as work
progresses. Trash and non-landscape recycling materials are to be removed
from the sites daily by 10:00 a.m. Use of City dumpsters will not be allowed.
CITY shall not be responsible for any disposal of landscape debris, cuttings,
weeds, leaves, trash or any other debris and CONTRACTOR shall be
responsible to pay all disposal fees.
21.00 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
21.01 CONTRACTOR shall exercise due care in protecting from damage all existing
facilities, structures and utilities both above surface and underground on CITY
^1
property. Any damage to said property deemed to be caused by
CONTRACTOR'S neglect shall be corrected or paid for by CONTRACTOR and
at no cost to CITY. This will include loss of plant material due to improper or
inadequate care.
21.02 If CITY requests or directs CONTRACTOR to perform work in a given area, it will
be CONTRACTOR'S responsibility to contact the various utility companies to
verify and locate any underground systems or utility lines. CONTRACTOR shall
take responsibility for exercising caution when working in these areas. If
CONTRACTOR damages utilities, it will be responsibility of CONTRACTOR to
make the necessary repairs at their own expense. CONTRACTOR will notify
CITY, within one (1) hour, of any damage that occurs.
21.03 CONTRACTOR shall provide barriers, which are to be kept in place at all times
for the protection of persons other than those engaged on or about the work
area from any accident. CONTRACTOR shall be responsible for all accidents to
persons or property through any negligence or fault of CONTRACTOR, its
agents, employees, and/or subcontractors.
21.04 CONTRACTOR shall give reasonable notice to the owner(s) of public or private
property and utilities when such property is susceptible to injury or damage
through the performance ofthe work, and shall make all necessary
arrangements with such owner(s) relative to the removal and replacement or
protection of such property or utilities.
22.00 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
22.01 During storms, CONTRACTOR will provide inspection of the project during
regular hours to prevent or minimize possible damage from inclement weather.
CONTRACTOR shall submit a report identifying any storm damage to CITY
identifying location of damage and when feasible, cost estimates to repair. If
remedial work is required beyond this CONTRACT, it shall be contracted for and
paid as extra work.
23.00 PROVISION FOR EMERGENCIES
23.01 Whenever, in the opinion of CITY, CONTRACTOR has not taken sufficient
precaution for the safety of the public or the protection of the Services to be
done under this CONTRACT, or of adjacent structures or property which may be
injured by processes of maintenance, on account of such neglect an emergency
shall arise and immediate action shall be considered necessary in order to
protect public or private, personal, or property interests, then CITY, with or
without notice to CONTRACTOR, may provide suitable protection to the said
interest by causing such work to be done and material to be furnished and
placed as CITY may consider necessary and adequate. The cost and expense
of such work and material so furnished shall be borne by CONTRACTOR, and, if
the same shall not be paid on presentation of the bills therefore, such costs shall
be deducted from any amounts due or to become due CONTRACTOR. The
performance of such emergency work under the direction of CITY shall in no
way relieve CONTRACTOR of responsibility for damages which may occur
during or after such precaution has been duly taken by CITY.
23.02 CONTRACTOR shall not be entitled to any damages or extra pay on account of
any postponement, interference, or delay caused by any such structures and
facilities within the work area whether they are shown on the plans or not.
24.00 RECORDS/REPORTS
24.01 CONTRACTOR shall prepare and submit to CITY a monthly project report. Said
report shall indicate the overall condition ofthe maintained sites and list
specifically any unusual or problem areas or situations. The report shall also
include action to be taken by CONTRACTOR to rectify said situation(s) and
indicate the anticipated time frame for compliance.
A. Pesticide Reports:
1. Records of all pesticides and fertilizers used by CONTRACTOR on City
property will be submitted electronically through e-mail on a provided
excel spreadsheet, by the first working day of the month to CITY
representative. CONTRACTOR is responsible to maintain site and date
specific records which shall be retained in accordance with Department of
Pesticide Regulations.
2. Records of all operations shall be kept per California Department of
Pesticide Regulations.
3. The annual use report is due by July 10 of each year and will have the
total amount of chemicals, including fertilizers, used on CITY property per
CDPR and NPDES requirements.
4. Copies of current P.C.A., P.C.O., Q.A.L./C. and San Diego County P.C.A.
registration shall be required annually in January.
24.02 Irrigation Reports:
A. CONTRACTOR shall maintain and submit to CITY the following reports at
the prescribed times:
1. Irrigation Tracking Sheet: To be filled out at the time of scheduled
testing/repairing, and turned in monthly to CITY.
2. Annual Irrigation System Maintenance Record: CONTRACTOR is to
provide a spreadsheet listing each system serviced (including backflow
prevention device testing and recycled water connection/coverage
testing) with the date, an itemized list ofthe service provided and the
name and signature ofthe person(s) that did the work.
24.03 Green Waste Report:
A. This report is due to CITY on a monthly basis with the following information:
• The area from which the green waste was removed.
• The weight of the green waste.
• The name and address of the company that is processing the green
waste recycling.
• Amount of green waste reused in Carisbad.
• Amount of green waste reused outside of Carisbad.
Work Category C
Community Parks, and School Athletic Fields
PART I - GENERAL SPECIFICATIONS
I. 0 REQUIRED CERTIFICATES/LICENSES
2.0 COMMUNITY PARKS AND SCHOOL ATHLETIC FIELDS TO BE
MAINTAINED
PART II - TECHNICAL SPECIFICATIONS
3.0 MOWING
4.0 TURF AND GROUND-COVER EDGING
5.0 AERIFICATION
6.0 RENOVATION
7.0 WATERING AND IRRIGATION
8.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING
9.0 FERTILIZATION
10.0 WEED CONTROL
II. 0 TREE, SHRUB AND GROUNDCOVER MAINTENANCE
12.0 MULCHING
13.0 DISEASE AND PEST CONTROL
14.0 PLANT MATERIALS
15.0 LITTER, LEAF AND DEBRIS CONTROL
16.0 TURF RESEEDING/RESTORATION
17.0 TRASH RECEPTACLES
18.0 TRASH AND GREEN WASTE DISPOSAL
19.0 SWEEPING/WASHING HARD SURFACES
20.0 DRINKING FOUNTAIN MAINTENANCE
21.0 FACILITIES AND EQUIPMENT MAINTENANCE
22.0 BLOCK HOUSE MAINTENANCE
23.0 SPORTS TURF MANAGEMENT
24.0 INFIELD MAINTENANCE
25.0 SYNTHETIC TURF MAINTENANCE
26.0 MAINTENANCE MINIMUM FREQUENCIES
PART I
GENERAL SPECIFICATIONS
1.00 REQUIRED CERTIFICATES/LICENSES
1.01 CONTRACTOR shall possess at least:
• National Playground Safety Institute (NPSI) playground inspector certification for all
crew members who perform playground inspections.
• NPSI playground inspector certification for Foreman of each crew that perform
playground inspections.
2.00 COMMUNITY PARKS AND SCHOOL ATHLETIC FIELDS TO BE MAINTAINED
2.01 The community parks and school athletic fields to be maintained under the
provisions of this CONTRACT are located at:
Communitv Parks
Approximate
Acres Location Name Address
32.1 Alga Norte Community Park 6565 Alicante Road
24.3 Aviara Community Park 6435 Ambrosia Lane
16.3 Calavera Hills Community Park 2997 Glasgow Drive
2.7 Chase Fields 3349 Harding Street
8.2 Pine Avenue Community Park 3333 Harding Street
30.2 Poinsettia Community Park 6600 Hidden Valley Road
28.5 Stagecoach Community Park (w/ 3420 Camino de los Coches
NTP)
3.0 Zone 5 Park Faraday Avenue & Camino Hills
Drive
145.3 Subtotal Community Parks
School Athletic Fields
Approximate
Acres Location Name Address
4.7 Aviara Oaks Middle School 6880 Ambrosia Lane
2.6 Buena Vista Elementary School 1330 Buena Vista Way
1.7 Carisbad High School Basswood Avenue & Valley Street
2.9 Hope Elementary School 3010 Tamarack Avenue
2.6 Jefferson Elementary School 3743 Jefferson Street
2.8 Kelly Elementary School 4885 Kelly Drive
3.5 La Costa Heights Elementary 3035 Levante Street
School
4.6 La Costa Meadows Elementary 6889 El Fuerte Street
School
4.0 Magnolia Elementary School 1905 Magnolia Avenue
8.5 Valley Middle School 1645 Magnolia Avenue
37.9 Subtotal School Athletic Fields
183.2 TOTAL ACRES (COMMUNITY PARKS AND SCHOOL ATHLETIC
Dimensions listed are for estimating purposes only. Investigation & measurement is up to
CONTRACTOR.
2.02 CONTRACTOR acknowledges personal inspection of the areas and has
evaluated the extent to which the physical condition thereof will affect the
services to be provided. CONTRACTOR accepts the premises in their present
physical condition and physical condition at the time of CONTRACT award, and
agrees to make no demands upon CITY for any improvements or alterations
thereof.
PART II
TECHNICAL SPECIFICATIONS
3.00 MOWING
3.01 Mowing operations shall be performed in a workmanlike manner that ensures a
smooth surface appearance without scalping or allowing excessive cuttings to
remain.
3.02 Turf shall be mowed with a mower appropriate to the particular turf type being
mowed. Equipment shall be properly maintained, clean, adjusted, and
sharpened.
3.03 All mowing equipment shall be thoroughly washed following each mowing
operation and prior to being transported to any other site.
3.04 Mow and maintain turf to the following height ranges:
A. Bermuda: VA inch - 1 inch.
B. Cool season turf including bluegrass, perennial rye and fescues: 1 V2 inches -
2 inches.
C. Kikuyu: 3/4 inch - 1 % inches.
3.05 Mowing operations shall be scheduled Monday through Friday.
3.06 Walkways shall be cleaned immediately following each mowing.
3.07 Mowing operations shall be scheduled at times of low public use.
3.08 Frequency of mowing shall be as often as needed to satisfy above provisions.
4.00 TURF AND GROUND-COVER EDGING
4.01 All turf edges shall be kept neatly edged. All grass invasions into adjacent areas
shall be eliminated.
4.02 String trimmers shall not be used to trim immediately around trees. Turf and
groundcover shall be maintained a minimum of one (1) foot from the trunks of
trees by use of appropriate chemicals or hand trimming.
4.03 A 36-inch diameter circle shall be maintained around young trees with immature
bark or a diameter at breast height of less than 6 inches. Circles may include a
watering basin, and/or a 2-inch deep layer of mulch, where appropriate. Circles
shall be kept free of weeds and grasses by use of appropriate chemicals or hand
trimming.
4.04 Turf and groundcover shall be trimmed or limited around valve boxes, meter
boxes, backflow devices, park equipment and other obstacles; and around
sprinklers as needed to provide optimum water coverage.
4.05 All groundcover and flower bed areas shall be kept neatly edged and free of
grass invasion.
4.06 Walkways shall be cleaned immediately following each edging.
4.07 Frequency of mechanical edging of turf shall be as often as needed to satisfy the
above provisions.
4.08 Frequency of ground cover edging shall be as often as needed to satisfy the
above provisions, but at a minimum weekly.
5.00 AERIFICATION
5.01 Aerate all turf areas by using a device that removes cores to a depth of two (2)
inches at not more than six (6) inch spacing.
5.02 CONTRACTOR shall assure that turf areas to be aerified are properly and evenly
moist prior to aerification operation.
5.03 Remove or shred cores so that they are not unsightly or a nuisance.
5.04 CONTRACTOR shall flag all irrigation heads, valve boxes, quick-couplers, and
the like, prior to commencing aeration operations. CONTRACTOR shall be
responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and
other equipment.
5.05 Aerification of turf areas shall be as often as needed to ensure top quality,
healthy, and lush turf, but at minimum semi-annually.
6.00 RENOVATION
6.01 CONTRACTOR will renovate the turf areas one (1) time per year according to a
schedule established by CITY.
A. Turf shall be drop-cut/mowed at a maximum of the normal mow height and
a minimum of % the normal mow height. All clippings shall be removed.
B. Turf shall be dethatched with a power dethatcher (vertical cutter), with the
blades penetrating the soil approximately Vz. Clippings shall be removed
with a turf sweeper. Clippings in areas which are not accessible to the turf
sweeper may be removed by means of thorough raking.
C. Turf areas shall be aerified as specified in Section 5.00 AERIFICATION.
D. Turf, on all athletic fields and on other areas that are damaged, vandalized,
bare or thin in the determination of CITY, shall be repaired as specified in
Section 16.00 TURF RESEEDING / RESTORATION.
E. Turf areas shall be fertilized as specified in Section 9.00 FERTILIZATION.
6.02 If CONTRACTOR feels that supplemental renovation is needed, CONTRACTOR
shall notify CITY prior to proceeding.
7.00 WATERING AND IRRIGATION
7.01 All landscaped and turf areas shall be irrigated, as required to maintain adequate
growth and appearance, with a schedule most conducive to plant growth. The
delivery of adequate moisture to the landscaped areas shall include, but not be
limited to: hand watering, operation of manual valves, proper utilization of
automatic controllers and valves.
7.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully
trained in all phases of landscape irrigation systems, thoroughly familiar with the
particular equipment in use, and fully equipped and capable of performing proper
programming and operation ofthe irrigation systems.
7.03 CONTRACTOR shall be responsible for performing all specified irrigation tasks
including, but not limited to: testing, adjustments, repairs, replacements, and
supplemental watering. CONTRACTOR shall notify CITY immediately of any
deficiencies in irrigation at these sites.
7.04 Irrigation controllers shall be programmed by CONTRACTOR, with current
schedules provided to CITY monthly, and whenever modifications are performed
over subsequent month.
7.05 Areas not provided with an irrigation system shall be hand watered by
CONTRACTOR. This includes situations where the automatic system is
inoperable for any reason. CONTRACTOR shall be responsible for providing all
equipment, such as hoses, couplers and nozzles to accomplish this task.
7.06 Watering shall be regulated to avoid interference with any use of roadways,
paving or walks, and to be in compliance with CITY'S water conservation
ordinance.
7.07 Controllers shall be set to operate during the period of lowest wind velocity,
which would normally occur at night or early morning hours.
7.08 Irrigation shall be controlled in such a way as not to cause any excessively wet
area, which could be damaged by mowing or other traffic.
7.09 No irrigation shall be done during periods of measurable rain without prior written
approval of CITY.
7.10 CONTRACTOR shall be responsible for replacing all plant materials that die or
are permanently damaged due to excessive or insufficient watering.
8.00 IRRIGATION MAINTENANCE. REPAIR AND TESTING
8.01 CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and
other irrigation system equipment replacements that exceed $500 per month,
with CITY'S approval.
8.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts,
heads, or other equipment replacements, as described in Section 8.01) for
maintenance ofthe irrigation system including repairs and replacements
(whether due to damage, malfunction, vandalism, normal wear, or other causes)
of all components, including, but not limited to:
A. Heads, nozzles, bodies, nipples, elbows, unions, risers
B. Lateral and main lines
C. Valves (control valves, ball valves, quick-coupler valves, master valves, etc.)
D. Pumps and flow sensors
E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna
and the like)
F. Backflow devices
G. Pressure regulators
8.03 CONTRACTOR shall notify CITY of any damaged, deficient or inoperable
irrigation component indicating the location, valve station number, problem, size,
and type of irrigation equipment
8.04 Repair or replacement of irrigation components by CONTRACTOR shall be
completed within two (2) working days of determining damaged or inoperable
irrigation component, or sooner to prevent damage to turf or landscaping, or if the
repair is otherwise deemed urgent by CITY.
8.05 Replacements of irrigation equipment shall be with originally specified equipment
of the same size and quality or substitutes approved by CITY prior to any
installation thereof.
8.06 CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of
landscape irrigation systems and thoroughly familiar with the particular
equipment in use. Technicians shall be fully equipped and capable of identifying
and isolating problems and performing the proper programming, inspection,
testing, repair and maintenance ofthe irrigation systems. All of
CONTRACTOR'S crew members working on irrigation shall be appropriately
trained and under the direct supervision of a qualified Irrigation Technician per
every three crew members.
8.07 CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in
programming Calsense irrigation controllers and central command and equipped
with Calsense Radio Remote hand-held remote valve actuator.
8.08 Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note
and mark with a flag marker any dry or stressed areas. During the course of the
irrigation test, CONTRACTOR shall determine the cause ofthe noted deficiency
and make needed repairs.
8.09 CONTRACTOR shall sequence controller(s) to each station to check the function
of all facets of the irrigation system.
8.10 During irrigation testing CONTRACTOR shall:
A. Adjust all sprinkler heads to provide correct coverage, uniform precipitation,
prevention of runoff and erosion, and prevention of excessive overspray onto
adjacent areas.
B. Check for, and correct all leaks, including pipes, risers, seals, turrets, etc.
C. Clean, flush, adjust, repair or replace any equipment, head or component that
is not functioning to manufacturer's specifications.
D. Adjust valves and heads to keep all systems operating at manufacturer's
recommended operating pressures. Valve throttling and pressure gauging
shall be employed to prevent excessive fogging.
E. Check valve boxes and covers. Repair or replace as needed. Replace and
secure cover bolts as needed.
F. Check for low-head drainage. Clean, repair or replace malfunctioning or
missing anti-drain devices including in-head check devices.
8.11 Any system malfunction, damage, or deficiency not immediately resolved after
testing shall be reported, including effected valve station(s) and other pertinent
details, to CITY. Said reporting may be verbal or in writing at the discretion and
to the satisfaction of CITY.
8.12 In addition to weekly testing by CONTRACTOR, all irrigation systems shall be
tested and inspected as necessary when damage is suspected, observed or
reported.
8.13 CONTRACTOR shall be responsible for coordinating with the CITY on annual
certification of backflow prevention devices and testing of recycled water
connection/coverage.
8.14 All valve boxes shall be identified with heat-branded markings as directed by
CITY.
8.15 CONTRACTOR shall submit as-built drawings of all modifications to irrigation
systems, including, piping, relocation of equipment or sprinkler heads,
replacement of heads with another make or model, changes in nozzles and the
like. As-built changes shall be complete to the satisfaction of CITY. As-built
drawings shall be made neatly and legibly on a blue-line copy ofthe irrigation
drawings supplied by CITY, and shall be submitted within two (2) working days of
completion of the work.
8.16 Frequencies of irrigation testing shall be weekly or more frequently if problems or
conditions indicate a need.
9.00 FERTILIZATION
9.01 Products and rates of application shall be determined by CITY.
9.02 CONTRACTOR shall include scheduling of fertilizations on an annual calendar,
according to frequencies specified in the MAINTENANCE MINIMUM
FREQUENCIES table in Section 26.00, and for school sites, noticing in
accordance with all provisions of the Safe Schools Act.
9.03 CONTRACTOR shall give written notice to CITY at least three (3) business days
in advance of fertilizer application at a given site.
9.04 CONTRACTOR shall have all materials delivered to the site in properiy labeled,
unopened bags. All bags shall be retained on the site for CITY'S inspection and
shall be removed promptly following inspection.
9.05 Application of fertilizer shall be done in sections, determined by the areas
covered by each irrigation system. Adequate irrigation shall immediately follow
the application of fertilizer to force fertilizer material to rest directly on the soil
surface.
9.06 Turf, trees, shrubs and groundcover areas shall be fertilized as often as
necessary to ensure top quality, healthy, and lush material but at minimum
quarterly.
10.00 WEED CONTROL
10.01 All areas shall receive diligent control of weeds by employing all industry-
recognized, legal methods, as approved by CITY.
10.02 The following areas shall be kept weed free: turf, shrub areas, ground cover
beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all
hardscape and areas covered with ornamental rock or mulch.
10.03 For school sites, noticing of all chemical applications shall be in accordance with
all provisions of the Safe Schools Act.
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10.04 Chemical applications shall be done as needed. Weeds, which grow from, or
spread by, underground stolons, tubers, and the like, such as Bermuda Grass,
Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls.
Said weeds shall not be physically removed until chemical action is complete.
Notification of spraying shall be made in writing to CITY at least three (3)
business days prior to spraying.
10.05 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding
or spot treatment of all areas is to be performed as needed to satisfy above
provisions, but at minimum weekly.
10.06 Apply appropriate pre-emergent herbicides to prevent germination of known
problem weeds as needed. Target weeds shall include but are not limited to
Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual
weeds and grasses.
10.07 Pre-emergent herbicide materials to be used shall be as approved by CITY.
Materials to be used shall be those best suited to the control of the target weeds
in the given planting.
10.08 Pre-emergent herbicide applications shall be carefully scheduled as approved by
CITY, and shall be made per label instructions for optimum control. Scheduling
of pre-emergent herbicide applications shall be reflected on the annual calendar,
along with notation identifying material name and target weeds.
10.09 Pre-emergent herbicide applications shall be made annually, and as required for
optimum control of target weeds.
11.00 TREE. SHRUB AND GROUNDCOVER MAINTENANCE
11.01 CONTRACTOR is responsible for tree work within fifteen (15) feet of the ground.
11.02 Trimming oftrees and shrubs for vehicular and pedestrian clearance, visibility,
access, plant health and appearance shall be done as needed, but at minimum
semi-annually according to frequencies specified in the MAINTENANCE
MINIMUM FREQUENCIES table in Section 26.00.
11.03 All trimming and tree tying shall confirm to I.S.A. Standards. CONTRACTOR
shall not allow any tree to be topped.
11.04 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches
overhanging beyond curb line into the paved section of roadways, and an eight
(8) foot clearance for branches overhanging walkways and other pedestrian
paths. Lower branching may be appropriate for trees in background and
ornamental areas. Trim plant materials where necessary to maintain pedestrian
access and safe vehicular visibility and clearance and to prevent hazardous
conditions.
11.05 Shearing: Only hedge plants shall be sheared. These plants may also require
additional thinning to maintain a healthy condition.
11.06 Tree trimming shall be performed with the intent of developing healthy,
structurally sound trees with natural form and proportion, symmetrical
appearance, and proper vertical and horizontal clearance, according to
frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in
Section 26.00.
11.07 Prune shrubs to encourage healthy growth habits, natural form and proportion.
Restrict growth of shrubbery to area behind curbs and within planter beds by
pruning.
11.08 Where needed, tree stakes [two (2) per tree] shall be pentachlorophenol treated
Lodge Pole Pine. Stakes shall be place vertically; 8 to 10 inches from the tree
trunk; shall not rub against any part ofthe tree during windy conditions; shall be
tied using materials and methods that conform to I.S.A. Standards.
11.09 Plant ties shall be checked bi-weekly and either retied to prevent girdling or
removed along with the stakes when no longer required.
11.10 Periodic staking and tying shall be done as needed.
11.11 All structural weaknesses such as split crotches or limbs, diseased or decayed
limbs, or severe damage above fifteen (15) feet in height from the ground shall
be reported to CITY.
11.12 Groundcover
A. Groundcover shall be renovated as needed. Renovation of groundcover shall
include thinning and/or shearing of groundcover and fertilization; and may
include bed cultivating and/or mulching, as appropriate to the species and
conditions and as directed by CITY.
B. All dead, diseased and unsightly branches, vines or other growth shall be
removed immediately.
C. All groundcover areas shall be trimmed and maintained as needed to keep
neat but natural edges, but at minimum bi-weekly as specified in the
MAINTENANCE FREQUENCIES table in Section 26.00.
D. Except as specifically directed by CITY groundcover plants shall be prevented
from climbing utilities, shrubs, trees, and the like.
11.13 Remove all dead shrubs and trees. CITY shall be notified 48 hours in advance of
the removal of any tree. Trees to be removed shall have a diameter at breast
height of six (6) inches or less. Trees measuring over this diameter at breast
height may be removed as "Extra Work" at the discretion of CITY.
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11.14 All trimming and debris shall be removed and properly disposed of immediately.
11.15 Flowering plants, including, but not limited to, Agapanthus, Pelargonium, Gaura,
Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of
excessive spent blooms, flower stalks and the like, but at minimum bi-weekly
according to the frequencies specified in the MAINTENANCE MINIMUM
FREQUENCIES TABLE in Section 26.00. Plants shall be renovated following
peak bloom, and as needed, to produce optimum color production and plant
health. Renovation methods and timing shall be as approved by CITY.
12.00 MULCHING
12.01 A minimum three (3) inch layer of approved mulch shall be maintained by
CONTRACTOR in all tree, shrub, groundcover, dog park, vacant pad and
community garden areas. Mulch shall be placed in such a manner as to present
a neat appearance, cover all bare soil, and shall not cover plant material or the
bases of trees or shrubs.
12.02 All areas to receive mulch shall be free of weeds prior to mulching.
12.03 Mulch shall be maintained free of litter and foreign matter.
12.04 CONTRACTOR shall replenish mulch as required to maintain specified
conditions.
12.05 CONTRACTOR shall pay the actual cost of mulch and delivery to CITY
designated site(s). CONTRACTOR shall supply, at its expense, all equipment
and labor required to move mulch from the site(s) and place in required areas.
CONTRACTOR shall only take from the site that amount of mulch needed to
perform the services herein.
12.06 CONTRACTOR shall submit specifications for mulch type(s) indicating material
included in mixture, admixtures, or additives for approval by CITY.
CONTRACTOR shall indicate in this submittal the actual delivered cost of mulch
type(s) to the designated stockpile site.
12.07 Mulching operation shall be accomplished in a timely manner, so that all material
is placed and the site(s) left clean, all to the satisfaction of CITY.
CONTRACTOR shall implement appropriate and effective BMP'S to insure storm
water pollution prevention compliance for all aspects of mulching operations at
the designated site(s) and required areas of placement.
13.00 DISEASE AND PEST CONTROL
13.01 All landscaped areas shall be maintained free of disease and insects that could
cause or promote damage to plant materials including but not limited to trees,
shrubs, groundcover and turf.
13.02 CITY shall be notified immediately of any disease, insects or unusual conditions
that might develop.
13.03 A disease control program to prevent all common diseases from causing serious
damage shall be provided on an as needed basis. Disease control shall be
achieved utilizing materials and rates recommended by a licensed California Pest
Control Advisor.
13.04 CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests.
CONTRACTOR shall arrange for and assume the expense of such operations, if
not under its immediate capabilities, within a 12-hour period after observation by
CONTRACTOR or notification from CITY.
13.05 Gophers and other rodents shall be eliminated by only appropriate, legal
exterminating techniques (traps, poison, etc.), approved by CITY.
13.06 CONTRACTOR shall collect dead animals and communicate with applicable
county/state agencies on disposal.
13.07 Frequency of disease and pest control operations shall be as needed to satisfy
above provisions.
14.00 PLANT MATERIALS
14.01 Plant materials shall conform to the requirements of the site specific landscape
plan on file with CITY, and to "Horticultural Standards" of American Association
of Nurserymen as to variety, species, size, age, etc.
14.02 Plans of record and specifications should be consulted to ensure correct
identification of species. Substitutions may be allowed but only with the prior
written approval of CITY.
14.03 Quality
A. Plants shall be sound, healthy and vigorous, free from plant disease, insect
pest or their eggs, and shall have healthy normal root systems and comply
with all state and local regulations governing these matters, and shall be free
from any noxious weeds.
B. Plant materials shall be symmetrical, and/or typical for variety and species.
C. Trees shall not have been topped.
D. Roots shall not have been allowed to circle or become bound at any stage of
growth.
E. All plant materials must be provided from a licensed nursery and shall be
subject to acceptance as to quality by CITY.
14.04 Plant Materials Guarantee
A. CONTFIACTOR shall replace, at no cost to CITY, any plant materials planted by
CONTFl^CTOR under this CONTRACT which fail to establish, grow, live and remain
in healthy condition, regardless ofthe reason for said failure, as follows:
1. All trees shall be guaranteed for one (1) year from the date of acceptance
of the job by CITY.
2. All shrubs and ground cover shall be guaranteed for ninety (90) days from
the date of acceptance of the job by CITY.
15.00 UTTER. LEAF. AND DEBRIS CONTROL
15.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other
accumulated debris as needed, but at minimum once daily, from all areas
specified in the CONTRACT.
15.02 Complete policing, litter pick up and supplemental hand sweeping of edges,
corners and other areas inaccessible to power equipment shall be accomplished
as needed, but at minimum once daily, to ensure a neat appearance.
15.03 Accumulation of leaves and debris shall be removed as needed, from all
landscaped areas.
15.04 Raking should not be used in ground cover or mulched areas except to remove
heavy accumulation of leaves and debris. When raking is necessary, it should
be done lightly, taking care not to damage plants or displace mulch.
15.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up
after storms shall be CONTRACTOR'S responsibility.
15.06 Removal of stickers and graffiti shall be conducted immediately upon
observation, but at minimum once daily.
15.07 CONTRACTOR shall employ appropriate safety equipment and procedures for
litter removal.
15.08 CONTRACTOR shall remove all private signs advertising garage sales, real
estate, etc. (excluding political/campaign signs) as needed, but at minimum, once
daily. The removed signs shall be returned to CITY. Posting of such signs are in
violation of Municipal Ordinance.
16.00 TURF RESEEDING/RESTORATION
16.01 Damaged, vandalized, bare, or thin turf areas shall be overseeded, plugged, or
sodded as required by CITY, to maintain turf to an acceptable quality.
16.02 Areas to be so treated shall be prepared as needed to provide an adequate soil
condition for seed to germinate and/or turf to establish. Preparation may require,
as needed, aeration, dethatching, soil amendment and tilling. Areas shall be fine
graded to provide for surface drainage and to match surrounding turf and
borders.
16.03 Seed, sod, plugs, or stolons to be used and application rate shall be as approved
by CITY. All seed, plug or stolons shall be covered with an approved top
dressing at a rate of (1) cubic foot per 72 square feet or not to exceed % inch in
depth.
16.04 Repaired areas shall receive supplemental water by hand, controller cycle, or
portable sprinkler as needed to establish turf.
17.00 TRASH RECEPTACLES
17.01 All exterior trash receptacles shall be checked at least daily, according to
frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in
Section 26.00 and emptied whenever more than 1/2 full, and as needed to
prevent objectionable odors or other unsanitary conditions.
17.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners
shall be replaced as needed each time a receptacle liner is emptied.
17.03 Any liquid accumulation or other foreign matter, which may remain in a
receptacle when the liner is removed, shall be removed and washed out as
needed. Inside of receptacles shall be dry when new liner is installed.
17.04 Receptacles and related appurtenances shall be cleaned as needed to avoid
stains, concentrations of insects, odors, etc.
17.05 Receptacles shall be conveniently located for the public use, and shall be
returned daily to proper locations if displaced.
17.06 Receptacles shall be secured with chain to posts where posts have been
provided and shall be kept covered with lids that are provided
17.07 CONTRACTOR shall replace trash receptacles, provided by CITY, in place of
any which are rusty, dented, graffitied, or which are otherwise unsuitable.
Unsuitable receptacles shall be transported and disposed of properly by
CONTRACTOR.
18.00 TRASH AND GREEN WASTE DISPOSAL
18.01 All trash, green waste and accumulated debris shall be removed from the site,
immediately upon collection and disposed of by CONTRACTOR at a legal waste
collection site, or landscape material recycling center, as applicable. The cost to
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dispose of said trash, green waste and accumulated debris will be at
CONTRACTOR'S own expense.
19.00 SWEEPING/WASHING HARD SURFACES
19.01 Walkways, steps, picnic hard surface areas, curbs, gutters and parking lots shall
be cleaned, including but not limited to, the removal of all foreign objects from
surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass,
staples, etc., as needed, but at minimum daily as according to specified in the
MAINTENANCE MINIMUM FREQUENCIES table in Section 26.00.
19.02 Supplemental hand sweeping of parking lot edges, corners and other parking lot
areas shall be required in those areas inaccessible to power equipment or where
use of power equipment would have an adverse community effect.
19.03 Blowers used in performance of this CONTRACT shall be low-noise type
equipment rated at or below 65 decibel level.
19.04 Contractor shall sweep hard surface areas, parking lot comers, walkways, steps,
picnic hard surface areas, and hard court areas as needed, but at minimum daily,
according to frequencies specified in the MAINTENANCE MINIMUM
FREQUENCIES table in Section 26.00.
20.00 DRINKING FOUNTAIN MAINTENANCE
20.01 Clean and disinfect drinking fountains, drain and sand trap as needed, but at
minimum daily according to in the MAINTENANCE MINIMUM FREQUENCIES
table in Section 26.00.
20.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be
unclogged using a plunger shall immediately be reported to CITY.
20.03 Water supply to a leaking fixture shall be shut off when it is reasonable to do so.
21.00 FACILITIES AND EQUIPMENT MAINTENANCE
21.01 Damaged decorative or delineation bollards, rails and fencing - including, but not
limited to concrete, chain link, welded wire, steel post-wire, wood or vinyl coated
steel post-rail, and tube steel - shall be repaired/replaced as needed by
CONTRACTOR. CITY shall provide or reimburse CONTRACTOR for materials
that exceed $500 per month/$6,000 per year, with CITY'S approval.
21.02 CONTRACTOR shall inspect all picnic tables, benches, slabs, barbecues, tot
lots, trash receptacles, and the like as needed, but at minimum daily, according
to the frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES
table in Section 26.00. Deficiencies which are CONTRACTOR'S responsibility
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shall be corrected immediately. Any other deficiency shall be reported to CITY
immediately.
21.03 Ashes, partially burned charcoal, garbage and leftover food in and around
cooking and picnic facilities shall be removed as needed, but at minimum daily,
according to frequencies specified in the MAINTENANCE MINIMUM
FREQUENCIES table in Section 26.00.
21.04 Picnic tables, benches, slabs, barbeques, tot lot equipment, trash/recycling
receptacles, and the like shall be washed as needed, but at minimum daily,
according to frequencies specified in the MAINTENANCE MINIMUM
FREQUENCIES table in Section 26.00.
21.05 Barbecues shall be cleaned as needed, but at minimum daily, according to
frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in
Section 26.00.
21.06 Tot lots and volleyball courts shall be kept free of weeds, debris and other foreign
objects at all times. Tot lot and volleyball court sand shall be raked / rototilled to
maintain a safe surface as needed, but at minimum daily/monthly, according to
frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in
Section 26.00.
21.07 Sand is to be added to tot lots and volleyball courts by CONTRACTOR when the
level gets below two (2) inches to the top of curb, at no expense to CITY.
Samples of replacement sand are to be submitted to CITY for approval prior to
installation.
21.08 Sand around the edge of the tot lots and volleyball courts shall be swept or
blown as needed in order to accomplish safety and neatness, but at minimum
daily, and the sand shall be placed back into the courts and tot lots.
21.09 Tennis courts and basketball courts shall be clear of stickers/wax and blown or
swept daily at minimum so as not to interfere with the normal playing activity.
Washing ofthe courts shall be done using water broom, and roll dried as
necessary for health and safety purposes. Tennis court net shall be maintained
at proper 36" height at all times. Tennis nets and basketball nets, rims, and
backboards shall be repaired/replaced as needed, by CONTRACTOR. CITY
shall provide or reimburse CONTRACTOR for materials that exceed $500 per
month/$6,000 per year, with CITY'S approval. Additionally, tennis court screens,
and basketball rims and backboards, shall be washed as needed.
21.10 All concrete playing and skating surfaces shall be kept clean and weed-free at all
times. Blow or sweep all such surfaces daily at minimum, and wash as needed.
All bleacher, dugouts and seating areas shall be swept or blown or swept daily at
minimum, and washed as needed. Additionally, all backstop and dugout screens
shall be washed as needed for aesthetic, health, and safety purposes.
21.11 All dog waste bag stations shall be kept stocked, clean, and in good condition at
all times. CONTRACTOR shall re-stock the dog waste bags at all such stations
as needed, but at minimum daily. The maker and type of dog waste bags shall
be at the approval of, and at no additional cost to, CITY.
21.12 All storm water pollution prevention devices and Best Management Practices
(e.g., straw wattles, silt fences, gravel bags, etc.) shall be maintained by
CONTRACTOR in good order at all times. These devices and BMPs shall be
cleaned or replaced as often as needed to fulfill their intended purpose. CITY
shall provide or reimburse CONTRACTOR for materials that exceed $500 per
month/$6,000 per year, with CITY'S approval.
22.00 BLOCK HOUSE MAINTENANCE
22.01 CONTRACTOR shall unlock all parks blockhouse restrooms between 7 a.m. to 8
a.m. daily. CITY will be responsible to lock all parks blockhouse restrooms in
the evenings.
22.02 Block house restrooms shall be re-stocked, and cleaned, by and at the expense
of CONTRACTOR, as needed to to ensure safe and santitary use by the public,
but at minimum twice daily.
22.03 CONTRACTOR shall inspect block houses and report damage, vandalism,
clogged drains, and graffiti immediately to CITY.
22.04 CONTRACTOR shall report to CITY immediately any unsafe or unsightly
conditions observed.
23.00 SPORTS TURF MANAGEMENT
23.01 Sand Top-Dressing
A. Olgebay Norton #50, or approved equal, shall be applied to sufficiently fill voids,
depth of up to 4", using a top dressing machine, evenly spreading the sand over the
designated area. After the sand has been applied to the area, it shall be dragged
with an appropriate drag mat, going over the area in a circular pattern until the sand
is evenly distributed, with a smooth surface and watered in thoroughly by the end of
the workday.
23.02 Renovations Scheduling
A. Annual sports fields' renovations are required and generally occur during the months
of June, July and August. CONTRACTOR must have adequate staff and equipment
to be able to perform this task, and all required work must be completed during the
first week of the scheduled closure time to allow for seed/sod establishment. Note:
Renovations will be going on at several parks at the same time. CONTRACTOR
shall be responsible for locating and reserving enough seed/sod to complete this
process.
Note: Because of the short time frame and the number of fields and parks that
are closed at the same time, it is imperative this process proceed without
interruptions or delays. The new seed/sod is to be laid twenty-one (21) days
prior to re-opening to allow for adequate rooting.
23.03 Chemical Applications/Line Spraying
A. Spraying of sport field lines with Roundup® or Rodeo®. Line width is not to
exceed 6 inches.
B. Spraying of sport field lines with turf paint shall be performed as needed according
to CITY.
Note: Line spraying will be accomplished with the use of a taut string line
to ensure straight lines. Lines that are not straight shall be re-done. In the
case of chemically sprayed lines, the damaged areas will be immediately
replaced with sod at no cost to CITY.
23.04 Filling
Filling of low areas shall be required upon request. Overall field cover/filling
will be required for correction of low areas or wet zones or to fill in old field
lines. Soil that is similar in consistency for the location of the work or dry
topper (for wet fields) will be required for this and shall be supplied by
CONTRACTOR and approved by City.
24.00 INFIELD MAINTENANCE
24.01 Patching and Tamping
The areas that usually require these tasks are the batters boxes, pitcher's
mound area, catchers areas and around the bases. These tasks shall be
performed as needed, but at a minimum, once a day.
A. Sweep out loose brick dust.
B. Fill hole with water and let soak into about half the depth ofthe hole.
C. Push loose or new brick dust or fresh mound mix into the hole, mixing with water.
It is generally better to use mound mix for the pitcher's mound and around home
plate for better adhesion and compaction.
D. Let this set until firm, but still damp and then tamp.
24.02 Dragging
Dragging tasks shall be performed as needed, but at a minimum, daily.
A. Prior to dragging, clean out and place the plugs in all base pegs if available and
hand-water the brick dust lightly to reduce overall dust.
B. Hand-drag the fence lines, pitchers mounds, outfield apron edge and base lines on
turf infields with a small drag or hand rake/lute.
C. Drag the infield using a tight loop pattern, circular pattern or crisscross pattern,
alternating weekly. Care must be taken so as not to pull the drag mat over turf
home plate or pitchers mounds. When finished with dragging, do not pull the drag
mat onto the turf, as this will deposit brick dust, gravel and trash in to the grass.
24.03 Watering
These tasks will be based on weather and actual field conditions. The tasks
shall be performed as needed, but at a minimum, daily. If it is cool or during
rainy periods less water will be needed. If it is warm or windy, more water will be
required.
A. Set out sprinklers or use irrigation systems after dragging, but stop if and when
water starts to puddle. Care must be taken not to over water areas that have been
patched.
B. Hand water areas that may require additional water such as base lines.
24.04 Bases
These tasks shall be performed as needed, but at a minimum, weekly.
A. Expose the appropriate base pegs, and clean them out, if needed.
B. Replace any plate, pitching rubber or base peg, as provided by CITY. Care must be
taken to install the new plate, rubber or base peg in the same location to insure
proper distances and field requirements.
24.05 Sweeping
These tasks shall be performed as needed, but at a minimum, daily.
A. Sweep up all the gravel and debris left from the dragging process and remove from
site.
B. Sweep off home plate, the pitching rubbers and any bases that are out.
C. Sweep brick dust out of the turf along the apron edge or infield.
D. Sweep brick dust or other debris out of the fence lines and dugouts.
24.06 Other Tasks
Other tasks shall be performed as needed, but at a minimum, daily.
A. Remove infield weeds.
B. Repair/correct flooded fields.
ID^
Push or drain off excess water. Fill in low areas with dry brick dust and/or Diamond
Dry® or Diamond Pro®, rake this into the top Vz to 1" of the brick dust. Allow to set
(depends on how wet and how large of an area), rake again several more times. If the
field is extremely wet, allow to dry until capable of walking on the brick dust without
sinking.
C. Chalk fields.
To include batters boxes, foul lines, arc lines, on deck circles, coaches boxes,
pitchers circle and out of play lines.
24.07 Nail Dragging
These tasks shall be performed as needed, but at a minimum, weekly.
A. Nail drag. Water lightly to prevent dust. Using a nail drag, go over the entire field in
a tight circular pattern, loosening the top 1" to 2" of brick dust. Drag and prep the
field as normal. This needs to be done weekly or as needed, to keep the surfaces
firm enough for good footing but soft enough to prevent injuries from sliding.
24.08 Infield and Outfield Turf Edging
These tasks shall be performed as needed, but at a minimum, weekly.
A. Edge infield turf with a mechanical edger, not to be a string trimmer. Remove all
clippings and turf growing between the edge line and the brick dust.
B. Water-blast or broom the brick dust out of the turf along the apron edge. Water-
blasting can only be done if there is sufficient time for drying.
25.00 SYNTHETIC TURF MAINTENANCE
25.01 General
A. CONTFiACTOR shall provide complete synthetic turf maintenance utilizing high
quality devices to accomplish all work. All synthetic turf maintenance work
performed shall be in strict accordance with the manufacturers recommended field
care. CONTFIACTOR shall be responsible for all cost of repairs/replacements due
to CONTRACTOR'S failure to provide proper maintenance.
B. CONTRACTOR shall utilize staff trained and qualified in all aspects of synthetic turf
maintenance.
C. CONTRACTOR shall be responsible for all costs associated with the normal
repair/replacement of materials, equipment and supplies to include and not limited to
replacing infill, cleaning products.
D. CONTACTOR shall provide required specialized equipment and storage for
equipment required to maintain the synthetic turf fields to include: a mechanical
sweeper and a mechanical groomer.
25.02 Removal of Weeds and Moss
A. Weeds and/or moss at the interface between the synthetic grass and the perimeter
curb shall be treated as needed, but at a minimum, weekly, with a biodegradable
weed killer such as Round Up®. A 3-prong tool can be used to remove weeds and
moss from the affected areas. This should be done carefully so as not to tear the
backing and damage the fabric.
25.03 Removal of Stains and Fluids
A. Stains: CONTFl^CTOR shall safely remove as needed fluids and other stains from
the synthetic turf with a detergent that acts quickly to clean and decontaminate the
turf surface.
25.04 Maintaining the Infill
A. CONTRACTOR shall inspect the field as needed, but at a minimum, weekly, to
ensure proper infill height. The top of the infill should be at Vi' below the tips of the
fibers. Steps for replacing the displaced infill:
Step 1: Using a medium stiff bristle brush agitate the exposed fibers in the
area requiring infill. This will raise the exposed turf fibers into a vertical
position.
Step 2: Provide and brush the infill into the turf by lightly agitating the fibers
again using a medium stiff, bristle brush.
Step 3: The top of the infill shall be at a level of V-i below the tips of the
exposed turf fibers.
25.05 Sweeping
CONTRACTOR shall perform mechanical brushing of the turf as needed, but at a
minimum, weekly.
A. When brushing, the brushes should never penetrate the infill, just the top of the
fibers.
25.06 Raking
CONTRACTOR shall perform manual raking ofthe turf around all goal areas,
high traffic areas, and base paths, as needed, but at a minimum, weekly.
A. When raking, the plastic flexible rake penetrates the infill by V2".
25.07 Grooming
CONTRACTOR shall perform mechanical grooming of the turf as needed, but at a
minimum,
monthly.
A. The brushes should never penetrate the infill, just the top of the fibers.
25.08 Treatments to Turf
A. Anti-Microbial and Water Sprays
1. CONTFl^CTOR shall quarterty apply an industrial anti-microbial spray cleaner,
as approved by CITY, for the control of bacteria on synthetic turt.
CONTRACTOR shall semi-annually apply a water spray rinse for the control of
dust on synthetic turf.
It)-
26.00 MAINTENANCE MINIMUM FREQUENCIES
As a non-inclusive table of tasks required under this CONTRACT, the following maintenance minimum
frequencies shall apply to the referenced tasks:
Irrigation Maintenance
Testing 2
Turf Maintenance
Mowing/Edging 8
Weed Control 2
Clipping Removal 8
Fertilize 6
Aerate/Thatch 7
Visual Inspection 2
Planters & Ground Cover Maintenance
Removing Spent Blossoms 3
Trimming 3
Cultivate 3
Weed Control 2
Fertilize 6
Pest Control 8
Shrub Maintenance
Weed Control 2
Trimming 4
Fertilize 6
Pest Control 8
Tree Maintenance
Trimming 7
Fertilize 6
Re-Stake/Check 8
Pest Control 8
Hardscape Maintenance
Gutters, Curbs, Sidewalks, Roadways, 1
Miscellaneous Asphalt, Concrete and D.G. 1
Trash and Litter Pickup (including ash, burned
charcoal, leftover food, etc.)
Drinking Fountain Maintenance 1
Facilities & Equipment Maintenance
Tot lots 1
Damaged Bollards, Rails, Fencing Repair/Replace.
Cleared of weeds, debris, and foreign objects 1
Raked 1
Tot lots Tilled
Inspections 1
Washing Picnic Tables and Benches 1
Cleaning Barbecues 1
Volleyball, Tennis and Basketball Courts 1
Infields Maintenance
Watering/Dragging/Sweeping 1
Apron Edging/Brooming 2
Synthetic Turf Field Maintenance 2
daily 1
weekly 2
bi-weekly 3
monthly 4
bi-monthly 5
quarterly 6
semi-annually 7
as needed 8
lot)
APPENDIX 'B' to Agreement for Parks Maintenance Services
(Terracare Associates)
Contractor's Cost of Services
Work Category C - Communitv Parks & School Athletic Fields
Item
# Description
PREVA! LING WAGE Item
# Description Mo.
Subtotal $ Annual Total $
Cl Alga Norte Community
Park
$ 12,873.00
(Monthly)
$ 154,476.00
(Extended Amt.)
C2 Aviara Community Park $ 9,745.00
(Monthly)
$ 116,940.00
(Extended Amt.)
C3 Calavera Hills Community
Park
$ 6,537.00
(Monthly)
$ 78,444.00
(Extended Amt.)
C4 Chase Fields $ 1,083.00
(Monthly)
$ 12.996.00
(Extended Amt.)
C5 Pine Avenue Community
Park
$ 3,288.00
(Monthly)
$ 39,456.00
(Extended Amt.)
C6 Poinsettia Community
Park
$ 12,111.00
(Monthly)
$ 145,332.00
(Extended Amt.)
C7 Stagecoach Community
Park (w/ NTP)
$ 11,429.00
(Monthly)
$ 137,148.00
(Extended Amt.)
C8 Zone 5 Park $ 1,203.00
(Monthly)
$ 14,436.00
(Extended Amt.)
C9 Aviara Oaks Middle
School
$ 1,885.00
(Monthly)
$ 22,620.00
(Extended Amt.)
CIO Buena Vista Elementary
School
$ 1.043.00
(Monthly)
$ 12,516.00
(Extended Amt.)
Cll Carisbad High School $ 682.00
(Monthly)
$8,184.00
(Extended Amt.)
C12 Hope Elementary School $ 1,163.00
(Monthly)
$ 13,956.00
(Extended Amt.)
C13 Jefferson Elementary
School
$ 1.043.00
(Monthly)
$ 12,516.00
(Extended Amt.)
C14 Kelly Elementary School $ 1.123.00
(Monthly)
$ 13,476.00
(Extended Amt.)
C15 La Costa Heights
Elementary School
$ 1,404.00
(Monthly)
$ 16,848.00
(Extended Amt.)
C16
La Costa Meadows
Elementary School/El
Fuerte Park
$ 1,845.00
(Monthly)
$22,140.00
(Extended Amt.)
C17 Magnolia Elementary
School
$ 1,604.00
(Monthly)
$ 19,248.00
(Extended Amt.)
C18 Valley Middle School $ 3,409.00
(Monthly)
$40,908.00
(Extended Amt.)
C19 '^Extra Work Stipulated
Amt.
$ 175,000.00
(Annual Amt.)
Column
Total: $ 1,056.640.00
Extra Work payments made to CONTRACTOR will be based on CONTRACTOR'S
actual work performed for CITY, consistent with the terms and conditions of the
CONTRACT documents, and may be different from the prices estimated above.
Extra Work is not guaranteed.
Donna Heraty
From: Donna Heraty
Sent: Thursday, July 16, 2015 11:39 AM
To: 'twilson@myterracare.com'
Cc: Shelley Collins; Kyle Lancaster
Subject: REQUIRED CONFLICT OF INTEREST
Attachments: Resolution No. 2015-OSO.pdf
To Whom It May Concern:
You are receiving this email because your company has a consultant agreement with the City of Cartsbad. The City of
Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that
may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of
their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is
required to be filed with the City of Cartsbad City Clerk's Office.
To file your Assuming Office statement, please follow the instructions below:
• As reflected in the City Conflict of Interest Code - Resolution No. 2015-050 (attached), the employee(s) of your
company that work directly with citv staff are required to complete the Statement of Economic Interest Form
(Form 700). Consultants are required to claim -
Category (A) Investment and Real Property Disclosure
Category (B) Personal Income Disclosure
Category (C) Business Entity Income Disclosure
Category (D) Business Position Disclosure
• Your "Assuming Office" date for this filing is July 16,2015.
• Even if there are no reportable interests, the cover page is still required to be completed with box "None" in
Section 4 checked.
• THE COMPIETED FORM 700 IS DUE IN THE OTY CLERK'S OFFICE BY 5:00 PM. AUGUST 16. 2015.
Mailing Address: Citv Clerk's Office. 1200 Carlsbad Village Drive. Carlsbad. CA 92008.
• Form 700
• Form 700 Reference Pamphlet
Other documents vou mav use as reference:
• FAQ: Form 700 Disclosure
• Local Gift Fact Sheet
In addition, when your contract with the City of Cartsbad is completed, the employee(s) that filed the Assuming Office
statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entenng the date the
contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following
completion of the agreement.
**Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day,
not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013.
If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices
Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772).
Sincerely,
Donna Heraty.
^ CITV 0-
CARLSBAD
Donna Heraty, CMC
Deputy City Clerk
City of Carlsbad
1200 Cartsbad Village Drive
Carlsbad, CA 92008
www.cartsbadca.gov
P: 760-434-2808
F: 760-720-6917
donna.heratv@cartsbadca.gov
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