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HomeMy WebLinkAbout2002-12-17; City Council; 17011; Landscape, Grounds & Park Maintenance ServicesAB# 17:~ MTG. 12/17/02 DEPT. FIN CITY OF CARLSBAD - AGENDA BILL ($0 J TITLE: DEPT. HD. AWARD OF BID FOR LANDSCAPE, GROUNDS & PARKS ATTy, MAINTENANCE SERVICES e- CITY MGR % RECOMMENDED ACTION: Adopt Resolution No. 2002-360 accepting the bid proposal of TruGreen Landcare, LLC, and authorizing the execution of an agreement for landscape, grounds and parks maintenance services. ITEM EXPLANATION: The City of Carlsbad Public Works Department is responsible for the maintenance of various park facilities, City office landscaping, reservoir facilities and other landscaping and grounds throughout the City. Maintenance responsibilities include the care of plants and turf, irrigation systems, pest control, drainage facilities, tree maintenance and general cleaning. The Public Works Department has determined that the use of contractor services to provide basic maintenance will allow better allocation of staff hours. Staff from the Parks Division and others will gain the ability to provide a higher level of service with increased staffing at major parks sites. Staff from Maintenance and Operations will perform duties more applicable to the operation and maintenance of our water and sewer systems. In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders was published and Request for Bid packages were mailed to 41 contractors. Bids were received from the following six contractors (shown with the bid price for annual service): TruGreen Landcare $1 23,998.88 Aztec Landscaping $1 56,724.00 Westturf Landscape $1 76,424.00 Ponderosa Landscape $1 95,426.00 Environmental Landscape $267,899.28 Stay Green $304,680.00 In accordance with the Municipal Code, a best value evaluation was completed. Each contractor's bid was evaluated against the following criteria: Cost of service. Responsiveness to specifications. 0 Quality of references & previous performance. 0 Warranties offered and ability to provide services. 0 Service implementation schedule. Quantity & type of equipment available for agreement related work. 0 Services offered beyond the published scope of work. PAGE 2 OF AGENDA BILL NO. 17,011 TruGreen LandCare was evaluated highest due to their submitted cost for service, the good comments received from other public agencies in southern California, the number of certified employees (arborists, irrigation technicians, pest control advisors, etc.), and the financial strength of their company. Based on the results of the best value evaluation by the Public Works - General Services staff, the Public Works Department recommends the acceptance of the bid from, and award of a contract to, TruGreen LandCare LLC. FISCAL IMPACT: Funds for this service are part of the City Council approved operating budgets of the City departments involved. EXHIBITS: Resolution No. 2002-360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AWARDING AN AGREEMENT FOR LANDSCAPE, GROUNDS AND PARKS MAINTENANCE SERVICES. WHEREAS, the City of Carlsbad requires the services of a landscape, grounds and parks maintenance contractor, and; WHEREAS, proper bidding procedures have resulted in the receipt of a bid from a qualified contractor, and; WHEREAS, a best value evaluation has resulted in the selection of a qualified contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitals are true and correct. 2. The bid of TruGreen Landcare LLC, 11 50 West Trenton Avenue, Orange CA 92867, is the best value. 3. The bid of TruGreen Landcare LLC is hereby accepted. 4. The Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement, a copy of which is attached, for and on behalf of the City of Carlsbad for one year, which may be renewed by the City Manager for two additional one-year periods, in an amount not to exceed one hundred fifty thousand dollars ($1 50,000.00) per agreement year. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17 t h day of DECEMBER , 2002, by the following vote: AYES: Council Members Lewis, Finn NOES: None ABSENT: None . WOOD, City Clerk AGREEMENT FOR LANDSCAPE, GROUNDS & PARKS MAINTENANCE SERVICES (TruGreen Landcare) THIS AGREEMENT is made and entered into as of the 26 ‘* day of corporation, (“City”), and TruGreen Landcare, a California General Partnership, (“Contractor”). 2002, by and between the CITY OF CARLSBAD, a municipal RECITALS A. City requires the professional services of a contractor that is experienced B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its in landscape, grounds and park maintenance services. services and advice related to landscape, grounds and park maintenance. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in attached Exhibit ‘A, which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor’s profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for two additional one-year periods or parts thereof for an amount not to exceed $150,000 per 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. City Attorney Approved Version N4.01.02 1 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred twenty three thousand nine hundred ninety eight dollars and eighty- eight cents ($123,998.88), as outlined in attached Exhibit "B". No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". 6. 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. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will -not be considered employees of City for any purposes. The payment made to Contractor pursuant to the 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. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. 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 the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses '..! City Attorney Approved Venion #04.01.02 2 5- including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. 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-:VI'. 10.1 Coveraaes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 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. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and EmDloyer's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. City Attorney Approved Version ltO4.01.02 3 r, 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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. 10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveracle. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. 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. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. 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. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly 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, 4 City Attorney Approved Version t04.01.02 A4 and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. 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. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name: Doua Duncanson Name Drew Gordon Title: Public Works Manaaer Department: General Services Address 1150 W. Trenton Avenue City of Carlsbad Orange, CA 92867 Address: 405 Oak Avenue Phone No. 714/628-1010 TruGreen LandCare Title Branch Manager 6246 Carlsbad. CA 92008 Phone No. 760.434.2862 Each patty will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. City Attorney Approved Version #04.01.02 5 7 Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. 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 that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 City Attorney Approved Version #04.01 .M 0 l2 20. TERMINATION In the event of the Contractor’s failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. 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 right 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. 22. 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 criminal prosecution. Contractor ,acknowledges that California Government Code sections 12650 et sea, 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 on any public the result of which Contractor may be prevented to act as a Contractor work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #04.01 .02 7 3 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of eniorcing a right or rights provided for by this Agreement will be tried 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. 24. 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 or 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. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, Gong 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 of the 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. " Ill Ill Ill Ill 8 City Attorney Approved Version #04.01.02 do 26. 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 Partnersh- \ / (sign here) WV' Bayor - Drew Gordon, Branch Manager 6246 (print namehitle) **By: ATTEST: // (sign here) (print namehitie) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corooration, 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: RONALD R. BALL, City Attorney / eputy City Attorney City Attorney Approved Version #04.01.02 9 DESIGNATION OF REPRESENTATIVE I, Robert C. von Gruben, Vice President and Secretary of TmGreen LandCare L.L.C., general partner of TruGreen LandCare, a California general partnership (“Company”), do hereby authorize and direct Drew Gordon, Branch Manager, 1 150 West Trenton Avenue, Orange, California 92667, to represent the Company to execute any and all bid, contract and related documents to effectuate the terms of contracts entered into on behalf of the Company with the City of Carlsbad. This Designation of Representative expires at midnight, July 3 1 , 2003. TRUGREEN LANDCARE, a California general partnership By: TruGreen LandCare L.L.C., general partner /I r, By: Robert C. von Gruben” Vice President and Secretary Dated: July 3 1,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } SS. County of Orange OnSeptember 25, 2002, before me, Molly Van Wagner, Notary Public personally appeared Drew Gordon Date Name and Tltle of Officer (e.g.. "Jane Doe, Notary Public") Name@) of signer@) 9 personally known to me U proved to me on the basis of satisfactory evidence to be the person@$ whose name@) is&m subscribed to the within instrument and acknowledged to me that he&M€X&& executed the same in his/- authorized capacit- and that by his- signaturemon the instrument the person(@, or the entity upon behalf of which the person@$ acted, executed the instrument. Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descrbtion of Attached Document Title or Type of Document: City of Carlsbad, Agreement for Landscape, Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Grounds and Parks Mahtenance Services Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: B 1999 National Notary Association - 9350 De Solo Ave.. P.O. Box 2402 * Chatswolm, CA 91 313-2402 - www natfonalnotarpq Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT “A” I. SCOPE OF WORK Routine landscape, grounds and parks maintenance services shall be provided by the service company at all specified locations listed herein said Request for Bid (RFB). The scope of work will include but not limited to the following work: Zmgah’on - Irrigate all plant and turf as is necessary to maintain a healthy appearance and condition. Zrnigrrtion Systems Maintenance - Maintain all irrigation systems. Turf Mowing, Edging and Trimming - Mow, edge and trim all turf areas weekly (March through November) and as needed during December through February, weather permitted. Walks, Curbs, and Courts - Sweep or blow all sidewalks, curbs, courts and miscellaneous asphalt and concrete surfaces weekly. Planters and Ground Covers - Cultivate and weed all planters and ground cover areas at least every ten days. Trimming and Pruning - Trim and prune all shrubs and plants in accordance with good horticultural practices. All trees shall be kept clear of sidewalks, paths and roadways. F’ertiZizing - Fertilize all turf areas at least four (4) times each year or as is necessary to maintain a healthy appearance and condition. Fertilize and treat all plants and trees as necessary to maintain a healthy appearance and condition. Weed, Pest and Disease Control - Keep all turf areas, planters, beds, trees and tree wells clear and free of all weeds, pests, and disease at all times. Reseeding - Reseed all turf areas as directed by the City of Carlsbad. Tree and Shrub Replacement - Replace, at Service company’s expense, any trees, shrubs, turf or ground cover, which dies as a result of Service company’s negligence. Traffi Control - Provide and display all safety devices and traffic controls at all times when working in the public right of way. Turf Aemtion and Thatching - Aerate and thatch all turf areas in accordance with good horticultural practices. 11. GENERAL LANDSCAPE / SITE MAINTENANCE REQUIREMENTS A. All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated. Standards and frequencies may be modified from time to time as deemed necessary by City for the proper maintenance of the landscape, grounds and/or park. B. All operations will be conducted so as to provide maximum safety for the public. C. Service Company will keep all gutters, curbs, and walks adjacent to contract areas free of weeds, trash, and other debris. D. Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off City premises. E. Service Company will clean sidewalks, roadways, and any other areas littered or soiled by his maintenance operations. F. Service Company shall maintain the premises clean of debris at all times. Upon completion of any work project, the service company shall remove remaining excess materials, waste, rubbish, debris, and his construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. G. Service Company shall rake sand in tot lots and blow sand off all surface area once a week. H. Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. I. Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. J. Service company shall immediately notify City about any unusual and hazardous conditions in the work site and rectify said conditions. 1. NATURAL AREA SLOPE MAINTENANCE A. All natural slope areas shall be maintained in a manner to encourage natural desirable vegetation and protect a site from erosion, while presenting a well groomed appearance. 1. Desirable annual, biennial and perennial plants shall be maintained at their natural heights. Weed growth and grass plants shall be regularly removed before they reach 6" in height. The excention shall be as follows: Carrillo Ranch shall have weed removal on a auarterlv basis. 2. Tree wells shall be kept as bare soil unless ground cover is present. Weeds shall be removed before they reach 3" in height. 3. Growth of woody plants shall be encouraged except where it interferes with circulation, maintenance activities, roadways, drainage facilities, fence lines, or other structures. Dead branches of plants shall be removed regularly. 4. Trim plant material regularly adjacent to curbs, sidewalks and roadways to provide for proper, unobstructed circulation. B. Pest Control 1. All rodents, insects, and other pests shall be controlled by the service company. Particular attention to burrowing rodents is necessary to protect the site from slope failures. Any control measures should be approved frrst by City. The exception shall be: Carrillo Ranch - application of ure-emergence herbicide shall be aDDlied on a auarterlv basis. 2. DRAINAGE FACILITIES A. All drainage structures shall be checked and cleaned monthly or as needed to insure consistent unrestricted water flow. B. Any damage to structures shall be reported immediately to City and repaired or replaced by Service company. 3. IRRIGATION MAINTENANCE A. The key to water conservation and maintaining a healthy landscape is the use of intelligent irrigation management practices. Parkway soils are shallow, have low permeabiltiy and low organic content. Therefore, the service company shall exercise special care to use water effectively and avoid runoff. Service company will be responsible for replacement of all plant materials that die from over / under watering. B. At least twice each month, the system shall be physically observed while functioning to ensure efficient operation. Proper coverage and full working capability shall be provided at all times. c. Adjustments will be made to prevent excessive runoff onto streets, sidewalks, right-of-way or other areas not meant to be irrigated. Sprinkler heads shall be maintained and adjusted, kept cleaned out and free from overgrowth which may obstruct maximum operation. Valves and heads will be adjusted to keep all systems operating at manufacturer’s pressure specification. Valve throttling and pressure gauging shall be employed to prevent heads from fogging and allow passage of effective sized droplets. All sprinkler heads on each valve shall be of the same manufacture (matched precipitation and spray pattern coverage). D. Service company shall turn off all controllers when rainfall has made it unnecessary to provide supplemental irrigation. The California Department of Fish & Game will program the controller and monitor the watering at the Buena Vista Ecological Reserve (Duck Pond). E. Areas not provided with an irrigation system shall be hand watered by Service company. This includes situations where the automatic system is inoperable for any reason. Service company shall be responsible for providing all his own equipment, pumps, nozzles, hoses and couplers to accomplish the task. F. Service company is responsible for any loss of use due to malfunctioning or the lack of water for any cause except natural disasters. Service company is also responsible for irrigation water, which impacts surrounding properties or creates traffic hazards due to excessive runoff. 2 G. H. I. J. K. L. M. N. 0. P. Automatic valves shall not be operated manually except for testing and periodic maintenance. In support of the City’s strong endorsement of water conservation, the primary determinant for scheduling irrigation will be the historical Evapo transpiration data (CIMIS) from the Oceanside Weather Station. This data will be used to develop irrigation schedules. This programming is to be coordinated with City staff and the City’s E.T. gauge. The backup tool for irrigation decisions is the soil probe, which shall be utilized to monitor sensor performance. And, last, there are the trees that will provide visual indicators when transpiration needs are not being met. Through prudent use of the first two tools, it is the service company’s responsibility to ensure that these symptoms do not occur. Newly planted areas shall receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period. All repairs to the irrigation system shall be made according to the original details. The service company is responsible for making repairs of the system and keeping it functioning properly in every way. Service company shall submit to City a copy of the irrigation schedule for each controller, except for the controller at the Buena Vista Ecological Reserve (Duck Pond). Service company is responsible for adjusting the height of sprinkler risers to compensate for growth of the plant materials. Each system shall be flushed out annually as a preventative maintenance measure. Controller enclosures must be painted once annually to keep from rusting. Color shall be determined by City. When possible, all remote control valves shall be identified with a painted blue 3” x 3” x 3” triangle on the sidewalk or curb nearest the valve to indicate its location. The location of quick couplers will be identified with a painted red two inch dot on the sidewalk or curb nearest the quick coupler. All irrigation shall be performed between the hours of 1O:OO p.m. and 6:oO a.m., except when staff are present i.e. after fertilization or while checking 1 repairing system. 3 4. TREE MAINTENANCE at City HaWCole Library Complex & Farmers Insurance Building A. Pruning 1. 2. 3. 4. 5. 6. 7. Evergreen trees shall be thinned out and shaped when necessary to prevent wind and storm damage. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees or those that constitute health or safety hazards shall be pruned at any time of the year as required. All pruning cuts shall be made to lateral branches, or buds, or flush with the trunk. “Stubbing” will not be permitted. Remove no more than thirty-seven percent (37%) of a plant’s foliage during pruning operations. Trees shall be pruned to allow eight foot (8’) clearances for pedestrians, twelve foot (12’) clearances above the curb gutter, and ten foot (10’) clearance above trails. Pruning the lower branches of young trees will not be permitted. Lower branches shall only be “tipped back” to encourage caliper growth. Surface roots that have become a maintenance or appearance problem shall be removed, especially those adjacent to paved areas. Surface roots shall be properly severed, cuts painted, and roots recovered without delay. Any Eucalyptus trees on site shall be maintained according to specific guidelines. Trees shall be selectively pruned to remove unsightly or poorly crotched limbs. Unsightly or interlacing growth such as V-shaped branches or forks shall be thinned out. Out of scale limbs shall be cut back to bring tree into balance. 4 B. Watering 1. Trees shall not be watered until a moisture check has been made of representative points in the landscape. Use of a probe or other tool to check the moisture in the root ball as well as the soil surrounding the root ball. The need for water shall dictate the frequency of watering by the automatic sprinkler system. 2. Maintain a large enough water basin around plants so that enough water can be applied to establish moisture through the major root zone. c. Fertilizer / Pest Control 1 . Fertilizer is to be a City-approved balanced commercial fertilizer, applied once annually or as often as required to keep trees health. Fertilizer is to be applied in the drip zone of the tree, not to main stem or rootball area, and shall be gently cultivated and thoroughly watered in to prevent burning the tree. 2. Ailing or stunted trees, which fail to meet City standards, will receive additional supplements to correct any deficiencies. 3. Control or prevent plant pests and diseases with properly used insecticides, fungicides, and herbicides. Weed around tree wells once a month. D. Staking and Guying 1. 2. 3. 4. Tree stakes, ties, and guys shall be checked monthly and corrected as needed. Ties shall be adjusted to prevent girdling. Broken stakes or guy wires shall be replaced. Stakes, ties, and guys shall be removed as needed. All ‘restaking shall be done with two inch (2”) by ten foot (10’) ledge pole stakes treated with copper naphthanate and pointed at one end. Adjust length to fit tree. Tree supports shall be corded rubber straps; nail to sides of stake with one inch (1”) roofing nail. For Eucalyptus, remove stakes after first year or at the beginning of the growing season, whichever comes first. For trees other than Eucalyptus, consider removal of the existing stakes and guys when the trees attain a trunk caliper of four inches (4”). If unstable at this time, replacement shall be decided by City. 8 5. SHRUB MAINTENANCE All shrubs on the site shall be maintained so as to guarantee their vigorous and healthy growth according to the best horticultural practices, utilizing proper pruning techniques, fertilizer applications, and pest control procedures. A. Pruning 1 . Prune shrubs as required to maintain health and safety, as well as for general containment and appearance. 2. The objectives of shrub pruning are the same as for trees. Shrubs shall not be clipped into bailed or boxed forms. Retain as much of the natural characteristics or branching as possible. 3. All pruning cuts shall be made to lateral branches or budges or flush with the trunk. “Stubbing” will not be permitted. 4. Pruning shall be accomplished by removing woody stems from the inside of shrubs at least twice a year. Topping of shrubs shall be done only after interior selective branch pruning has been completed. 5. Remove dead flower stalks or spent blossoms to present a neat, clean appearance. B . Fertilizer / Pest Control 1. Apply a City approved balance commercial fertilizer to provide optimum growth and health to all shrubs. Water in well to prevent burning. 2. Apply insecticides, fungicides, and herbicides necessary to control pests. 6. VINES MAINTENANCE All vines shall be maintained so as to guarantee their vigorous and healthy growth according to the best horticultural standards, utilizing the proper watering, tying, fertilizing and pest control procedures. A. Deep water vines in pockets not provided with sprinklers to assure optimum growth. 6. Check espaliered vines and maintain properly. Nails shall not be used in masonry walls. Secure vines with appropriate ties to promote directional growth. c. Apply a City approved balanced commercial fertilizer to provide optimum growth and health. Water in well to prevent burning. 9 7. GROUND COVER Ground cover shall be maintained so as to guarantee its vigorous and health growth according to the best horticultural standards, utilizing the proper trimming, fertilizing, pest control, and renovation procedures. A. Trimming 1. Ground cover beds shall be maintained within their intended bounds and shall not be permitted to encroach into lawns, shrub beds, sidewalks, or adjacent areas, or in any manner deemed undesirable by the City’s Representative. 2. Trim back ground cover from controller units, valve boxes, quick couplers, other plants, structures or walls, and walks. Keep trimmed back approximately four inches (4”) from walks for appearance and containment. B . Fertilizer Apply a City-approved, balanced, commercial fertilizer at a minimum rate of six (6) pounds per one thousand (1,OOO) square feet per year in six (6) applications during first year of new planting of ground cover. All other areas will be fertilized a minimum of once annually or as required by the City. The exception shall be Carrillo Ranch with twice a year fertilization. C. Pest Control 1. Ground cover areas shall be carefully cultivated regularly and kept free of litter. 2. Control weeds, preferably with preemergent herbicides, but also with selective systemic herbicides. 3. Employ chemical control to protect plantings from insects, diseases and snails. D , Renovation / Replacements 1. Ground cover shall be renovated in September by cutting it back and applying one (1) application of a City-approved, balanced commercial fertilizer. 2. If replanting is required to maintain the continuity of the ground cover area, replacements shall be as approved by the City, using rooted plant material from a City-approved nursery. 8. TURF Turf shall be maintained so as to guarantee its vigorous and healthy growth to the best horticultural standards, utilizing the proper watering, mowing, renovations, fertilizing, and pest control procedures. 10 A. Watering Turf shall be irrigated, as required, to maintain horticulturally acceptable growth and color and to encourage deep rooting. Generally, irrigation will be applied at a rate to provide one inch (1”) of water per month. Dailv water should be avoided whenever possible, in favor of scheduling applications every other night or twice each week. Additional irrigations shall be performed in the event of unusually hot / dry weather conditions (as are present during winter Santa Ana conditions, or other times of low humidity or high winds, or during a prolonged high temperature period during the summer months). Allow the lawn to be dry before mowing. All irrigation is to be performed between the hours of 1O:OO p.m. and 6:OO a.m. B. Mowing / Edging 1. The turf shall be mowed to a height of %” to 1” for hybrid bermudas, (using a reel mower), and 1” - 1 W’ for cool season mixed grasses, (using a rotary mower) weekly during the warm season. Frequency of mowing may need to be adjusted for hybrid turf areas and during the cooler months. A reel mower with sharp blades shall be used for hybrid bermuda turf, at City HalVLibrary Complex and at the Main Library. Avoid removing more than one-half (1/2) of the grass blade at any one time. Damage to trees, obstacles, or lawn caused by wheel ruts shall be repaired by the service company at his expense. The grass clippings shall be caught and disposed of legally off-site. 2. Trimming and edging shall be performed weekly by mechanical means. Frequency of trimming and edging may need to be adjusted during the cooler months. c. Renovation / Verticut 1. Renovate / verticut all lawn areas once per year at a time when there will be the least amount of stress to the lawn, preferably in winter. The scheduling will be recorded on the Maintenance Schedule Chart and coordinated with a representative of the City Parks division. Overseed as needed. 2. Lawns shall be mechanically aerated with a plug aerator with one-half inch (1/2”) tines twice per year or more often as required to reduce compaction and stress on the turf areas. Sports turf areas shall be aerated a minimum of 3 times per year. 3. Shaded out areas of lawn shall be reseeded with an approved shade tolerant grass seed. D . Fertilizing City-approved, balanced, commercial fertilizers should be applied so as to keep the lawn green and healthy. The types will vary seasonally in accordance with good turf management practices. 11 E. Pest Control 1. Turf areas shall be inspected regularly for signs of diseases and pests. The service company is responsible for applying the appropriate remedy at the recommended amounts. The name of the product applied and the treatment shall be entered on the Maintenance Schedule. 2. Service company shall maintain a weed-free lawn at all times by either chemical or mechanical means. The service company shall be especially careful if applying chemicals to control weeds because of possible damage to the lawn. Before such applications are made, the turf should be well established and in a vigorous condition. Preemergent chemical control is recommended to reduce weed seed germination. .All chemicals applied must be recorded on the Maintenance Schedule Chart and coordinated with the City. 9. HYDROSEED Existing hydroseeded areas on-site shall be treated in the same manner as the ground cover areas. In areas where this may be impractical (i.e., 2: 1 slope areas), a weed eating device may be used to cut down weeds taller than the hydroseeded cover. 10. PEST CONTROL A. Service company shall provide complete and continuous control and / or eradication of all plant pests and diseases, including weeds, and rodents, and shall comply with all City, County, State, and Federal regulations or laws regarding chemical controls. 6. Service company shall assume all liability and responsibility for the use of all chemical controls. 1. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides shall be within the guidelines established in the California Food and Agricultural Code. 2. Spray equipment shall be in good operating conditions, quality, and design to efficiently apply materials to the target area. Drift will be minimized by avoiding high pressure applications and using water soluble drift agents. 3. Pesticides shall be selected from those materials which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjutants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control. 12 4. Pesticides shall be applied at times which limit the possibility of contamination from climatic and other factors. Early morning application shall be used when possible to avoid contamination from draft. Applicator shall monitor forecasted weather conditions to avoid making applications prior to inclement weather to eliminate potential runoff of treated areas. Irrigation water applied after treatment shall be reduced to increase pesticide efficiency. It shall be applied only in quantities of which each area is capable of receiving without excessive runoff. 5. All pesticide applications shall be under the direct supervision of a California State licensed Pest Control Applicator. The service company shall have on staff a California State licensed Pest Control advisor to make any written recommendations for pesticide usage as may be needed. Copies of valid current licenses shall be submitted to the City for verification upon request. 11. WEED CONTROL A. B. C. D. Keep basins and areas between plants free of weeds. All trees in ground cover areas shall have a 12” radius of open soil maintained around the base of the trunk. This will reduce damage to tree trunks and roots by machinery and by excess water. Use recommended, legally approved herbicides, such as Round- Up, whenever possible to control growth in this open area. Use mulches to help prevent weed seed germination. Weeds that have germinated shall be eradicated either by chemical or mechanical means, within three (3) weeks of germination or before the plants set seeds. Weeds shall be removed as needed from all shrub areas, ground cover beds, and planters, and shall be removed weekly from all cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape, and areas covered with ornamental rocks. This means complete removal of all weed growth. For the purpose of this Specification, a weed will be considered as “any undesirable or misplaced plant,” including, but not limited to, artichokes, tumbleweeds, etc. Weeds shall be controlled either by hand, mechanical, or chemical methods. The City’s Representative may restrict the use of chemical weed control in certain areas. All plant materials within a four (4) foot area adjacent to improved surfaces, such as concrete sidewalks, service roads, and pathways will be continuously controlled so that height does not exceed twelve inches (12”). Plant material normally classified as weeds will be treated as wild flowers in the natural open space areas, with the following exceptions: 1. Pampas grass, artichoke, mustard, castor bean, tree tobacco, giant reed, pigweed, and tumbleweed will be continually controlled to reduce fire or safety hazards. 2. Annual plants that attain a height of six inches (6”) inches or more in the seed stage will be mechanically controlled upon completion of growth cycle to reduce fire hazard in areas deemed necessary by the City’s Representative. 13 3. Open space areas behind existing homes shall be kept free of weeds within one hundred feet (100') of the houses. If there is not 100' of clearance available, notify the City of Carlsbad Fire Department at (760) 602.4664 to come out and make a field determination of the allowable area for a fue break. The fire break shall be created by mowing down weeds a minimum of two (2) or three (3) times per year, or as needed. All maintenance performed in open space areas outside the scope of work is an extra. E. Service company shall maintain a ten foot (lo') strip next to planted areas free of weeds. 12. FERTILIZATION A. B. C. D. Service company shall inform City at least fortyeight (48) hours before beginning any fertilization and shall have previously submitted a schedule of application showing the site, date, and approximate time of application of the fertilizer. Submission of the fertilizer schedule does not release the service company from any of the other obligations described in this paragraph, or in the following paragraph. The intensity of the fertilization schedule, i.e., timing, or the number of sites per day or week, cannot be set up to preclude at-site requirement. Fertilizers shall be inorganic, dry, palletized formulation. Application shall be in accordance with manufacturer specifications. The fertilizer shall be delivered to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. Damaged packages will not be accepted. Service company shall furnish City with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used in the execution of this Contract. The invoices must state the grade, amount, and quantity received. Both the copy to be retained by City and Service company's copy must be signed by the City, on site, before any material may be used. Service company may not begin the actual application until the obligations in the paragraph above have been complied with. Fertilizers used shall have the following guaranteed analysis and / or approved equivalent: Area: Turf Particle Size: Shall be a uniform palletized material. Complete Fertilizer: SuperTurf 25-5-5 w/Polyon PUC (polymer coated urea), and TriKote SCU (sulfur coated urea) or equal. Application Rate: 6 pounds of product per lo00 sq. ft. Total Nitrogen: 25% 10.3% Ammonic, 0.7% Water Soluble Organic Nitrogen 14.0% Coated Slow Release Urea Nitrogen 14 Available Phosphoric Acid (P2 Os) derived from Ammonium Phosphate Potash (K2 0) derived from Muriate of Potash 5% 5% Sulfur (S) 11% Iron (Fe) 0.9% E. Fertilizers shall be applied to shrubs, ground cover, and small trees (3” caliper and smaller) at the rates and times specified below. (Minimum) Complete: 15-5-8: 4 pounds per 1,OOO square feet - March 1-15, July 1-15 Complete 15-5-8: 6 pounds per 1,OOO square feet - October 1-15 Adequate irrigation will precede and immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. F. In making applications of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of gravity flow spreaders will keep materials contained in planting areas, eliminatingheducing sidewalk stains. All fertilizer which has spread to sidewalks, and paved areas shall be swept up and spread into landscape areas. G. When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. If possible, avoid application of fertilizers prior to forecasted windy weather, heavy rain, etc., which might affect stability. After fertilizer application, monitor watering schedule to eliminate runoff or excessive leaching of fertilizer materials. H. Agriform 21 gram plant tablets shall be applied to trees and shrubs that require supplemental feeding. Annual fall feeding shall be based on one (1) twenty-one (21) gram table per one-half inch (1/2”) caliper of tree or shrub. Place tablets six (6) to eight (8) inches deep at drip zone areas by using a soil probe to make a hole for inserting tablets. Water in thoroughly. 13. REPLACEMENT OF PLANT MATERIAL A. Service company shall notify City within two (2) days of the loss of plant material due to any cause. Plant material not replaced within one (1) week will be replaced by City at Service company’s expense. 15 B. Service company shall supply the labor and all materials to replace any tree, shrub, ground cover, or other plant which is damaged or lost as a result of Service company faulty maintenance or negligence. The size and species of replacement plant materials shall be as directed by City. C. Any plant damaged or lost through acts of God, vehicular damage, theft, or mysterious damage that does not occur as a result of the performance of the work by Service company shall be replaced in kind and size as approved by City. Service company may supply and plant the replacement material as specified by City and shall bill the total replacement costs separately. D. In order to ensure maximum healthy growth and overall aesthetic appearance of plantings in the work ma, it may be desirable to replace certain plants. The necessity or desirability of such plant replacement shall be determined by the City’s Representative. Where such plant replacements are to be made, all plants may be provided and installed by City at no expense to Service company or may be replaced by Service company with cost negotiated at the time of occurrence. E. All remedial landscaping will conform to the City of Carlsbad’s standards. 14. NEW LANDSCAPING Service company shall pay particular attention to areas with new landscaping with regard to irrigation, fertilizer, replacement of plants and pruning practices. Newly landscaped areas require more care during the establishment period. Service company will be fully responsible for any loss of new planting materials due to anything other than vandalism or acts of God. 15. CLEAN-UP A. Service company shall remove promptly, all debris generated by his performance of the operation or maintenance in the specifications of this contract. Immediately after working in areas of public streets and walks, driveways, and paved areas, the Service company shall clean them with suitable equipment. All debris and clippings shall be removed and disposed of legally off-site. No debris will be allowed to remain on the site at the end of the work day. B. In all areas covered by this Contract, litter, including, but not limited to, bottles, animal droppings, cans, paper, cardboard, metallic items, and other debris, including illegally dumped materials, shall be removed from the sites by Service company daily. C. Hazardous materials, including, but not limited to, wire, broken glass, jagged metal, and similar kinds of litter shall be picked up and removed from the site by Service company upon notice or observation thereof. D. Shrub areas not planted with ground cover shall be raked and cultivated a minimum of twice per month. E. All walks shall be kept clean and free of debris, weeds, and hazards to foot traffic at all times during all maintenance operations. Walks should be kept clean and free of dirt and debris on an as needed basis or on a minimum of once weekly. 16 16. HARDSCAPE MAINTENANCE A. On a daily basis, concrete and asphalt areas, including driveways, parking areas, sidewalks, roadways, and patios shall be checked and cleaned. 1. All expansion joints and cracks are to be maintained free of weeds. 2. Dirt, litter, and other debris must be removed on a daily basis. 3. Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to City. B. Vacuums, air brooms, sweepers, or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by Service company and removed from the site. 17. GENERAL GROUNDS POLICING A. Service company shall provide general grounds policing and inspection at a minimum of once daily. 1. Provide safety and facility inspection and immediately report any deficiencies to City. Service company shall be responsible to repair below standard conditions of all structures and fixtures, including, but not limited to: a. Benchedtables b. Fountains C. Walls, fences, gates d. Trash dumpsterdtrash cans e. Signage f. Graffiti g. Playground equipment 2. The City will be responsible for repairing any vandalism that has occurred at the locations maintained by the service company. The service company shall immediately notify the City of any vandalism. IV. WALLS, FENCES, AND GATES A. All fences and gates shall be maintained in a manner that will allow said improvements to function as designed per manufacturer’s specifications and provide for a safe environment for all park visitors. 1. All walls, fences, and gates shall be checked monthly or as needed to insure proper operation, safety, and to identify potential failures. 17 V. BUILDINGS AND ANCILLARY STRUCTURES A. All buildings and ancillary structures shall be maintained in a manner that will result in high quality, attractive structures. Service company is responsible for all maintenance and repair of these buildings and ancillary structures. B. General Maintenance 1. General maintenance shall include; pest/insect control; keeping premises in a clean and sanitary-condition free of debris; keeping windows, doors, and cabinets, electrical, plumbing, mechanical equipment, and other fixtures operational and in good repair. 2. All repairs shall be to City standards utilizing the same quality materials and equipment as originally specified andor installed. VI. MAINTENANCE FREQUENCY SUMMARY See Exhibit 1 for maintenance frequency. 1. The following schedules and reports must be submitted to the City. a. Weekly Tot Lot Inspection Forms - Tot lots must by inspected by Friday and b. Annual Maintenance Schedule. d. Proposed Pesticide List. e. Monthly Pesticide Use Reports - Notice of Intent & Completion submit forms on the following Monday. C. Monthly Maintenance Schedule is due on the 5& of every month. f. Monthly Irrigation Schedule is due on the 5'b of every month *Mature trees shall be trimmed bi-annually, except under trimming that may be required up to four (4) times per year to provide for pedestrian and vehicular access under the trees. VII. STANDARD MATERIALS All material used in facilities maintenance must be the same product type as the original material of the park or conform to the products listed below. Any item not mentioned must be approved by City. 1. P.V.C. Schedule 40 pipe and fittings. 2. P.V.C. Schedule 80 risers. 3. Marlex street ells on swing joints. 4. Christies Blue Glue. 5. Rainbird single lug quick coupler - 44k. 6. Penn-tite connector for wire splicing. VIII. TURF FERTILIZERS 1. All commercial fertilizers must be homogenous except where approved by City. 18 2. All organic fertilizers must have lowest salinity rate possible. 3. No steer manure is allowed. 4. All fertilizers, planting medium, humus material, etc. must be approved by City. E. PLANT STOCK All plant stock, trees, shrubs, annuals and perennials, flowers, ground covers must be approved by City before planting regarding selection and condition of the plant material. X. PESTICIDES All pesticides proposed to be used must be submitted to City with application location prior to use. All materials must be property labeled and certified for intended use. Service company must submit to City their pest control procedures to verify compliance with the County of San Diego Agriculture Regulations. XI. WORK PERFORMED All work performed will comply with the City’s Storm Water Protection Program. See Exhibit 2 for copy of said program. Service company will use best landscape management practices. Failure to perform of specified duties will require withhold andor deductions of payment until City is satisfied service company performed specified work. XII. MEETINGS On a quarterly basis (every three months), the service company shall meet with City staff to review the performance standards provided by the service company. 19 ATTACHMENT 2 2.6 Management of Pesticides, Herbicides, and Fertilizers 2.6.1 Purpose and Permit Requirements Purpose NPDES Permit Order No. 2001 - 01 Requirement@) Jurisdictional URMP Requirements City Actions The purpose of this section of the Municipal component is to define a management scheme for the use, application, and disposal of pesticides, herbicides, and fertilizers. The Permit requirement under the Municipal Component for Management of Pesticides, Herbicides, and Fertilizers is as follows: Section F.3.a.(6) The Copermittees shall implement BMPs to reduce the contribution of pollutants associated with the application, storage, and disposal of pesticides, herbicides, and fertilizers from municipal areas and activities to MS4s. Important municipal areas and activities include municipal facilities, public rights-of-way, parks, recreational facilities, golf courses, cemeteries, botanical or zoological gardens and exhibits, landscaped areas, etc. Such BMPs shall include, at a minimum: (I) educational activities, permits, certifications, and other measures for municipal applicators and distributors; (2) integratedpest management measures that rely on non- chemical solutions; (3) the use of native vegetation; (4) schedules for irrigation and chemical application; and (5) the collection andproper disposal of unused pesticides, herbicides, and fertilizers. The Permit requirement under the Municipal Component for Management of Pesticides, Herbicides, and Fertilizers is as follows: Section H.(2)(g) Management strategy for pesticides, herbicides, and fertilizer use. 1) Develop a list of municipal areas where pesticides, herbicides, and fertilizers are applied. 2) Identify BMPs for each of these municipal areas to include education, nonchemical applications, native vegetation, schedules for imgation and application; and management of unused products. City of Carlsbad Jurisdictional Urban RunoffManagement Plan 2- 1 2.6.2 Management of Pesticides, Herbicides, and Fertilizers Actions Action #1 - Develop a list of municipal areas where pesticides, herbicides, and fertilizers are applied. A list of parks, athletic fields, greenways, and other maintained areas is provided as Table 11 and described below. Parks/Landscaping/Civic GreenwaysBeach Access/Athletic Fields - The City of Carlsbad Park Maintenance Division is responsible for maintaining, preserving, and dancing over 300 acres of park facilities, school athletic fields, beach accesses, and landscapes at various civic facilities. This includes the maintenance of 8 community parks and 26 special use areas. In addition, the Park Maintenance Division manages over 625 acres of open spacehdeveloped areas that includes trash removal, cleanup, and weed abatement, Trees - The City of Carlsbad maintains over 15,000 trees in the City rights-of-way. The maintenance consists of pruning, planting, removal, and root pruning. The Street Tree Maintenance Division is responsible for over 500 street tree work order/requests per year. The division also inspects tree removal requests Erom the public. Medians - The City of Carlsbad Median Maintenance Division maintains nearly 100 acres of landscaped medians. Maintenance includes litter removal, weed abatement, pruning, planting, pesticide application, and irrigation repairiadjustment. Action #2 - Identify BMPs for each of these municipal areas to include education, nonchemical applications, native vegetation, schedules for irrigation and application, and management of unused products. Education - Education of Public Works staff is the first stepin reducing or eliminating the use of pesticides, herbicides, and fertilizers. A training program for Municipal, Procurement, and the Public Works Department staff will include identifying and defining chemicals used by the City of Carlsbad, proper handling, appropriate uselapplication by staff and subcontractors, storage, disposal, irrigation, and nonsynthetic alternatives. Nonchemical applications - Some pest problems can be eliminated or controlled by handpicking, pruning, or spraying with water. Many pest problems can be reduced or eliminated by removing affected leaves or plant parts. Safer alternatives to traditional chemical pesticides include insecticidal soaps, horticultural oils, and products containing a bacterium called Bacillus thuringiensis. Native Vegetation - The use of native vegetation enhances the natural environment. Schedules for Irrigation and Application - Irrigation is generally scheduled between the hours of 1O:OO p.m. and 6:OO a.m. This minimizes misting and evaporation for more effective irrigation. It also minimizes the chance of public contact. Watering twice within 60 minutes at 5 to 7 minutes each time is more effective in saturating deeply into soils and minimizes runoff due to soil densities. Thinning of overgrowth on civic greenways, athletic fields, and parks increases the effectiveness of irrigation, allowing water to seep into soils rather than run off from thatched grasses. City of Carlsbad Jurisdictional Urban RunoflManagement Plan Management of Products (Used and Unused) When chemical applications are necessary and other nonsynthetic forms do not produce adequate results, a protocol for consistent application of pesticides, herbicides, and fertilizers will be used. Basic standardized protocol for the application of pesticides, herbicides (including preemergents), and fertilizers is provided in the attached Pesticide, Herbicide, Fertilizer Protocol. A routine application pertains to scheduled times of application to keep pests from returning or to maintain green lawned areas. A nonroutine application is a nonscheduled application due to an infestation of atypical pests; vandalism of greenways; or diseased trees, shrubs, or grasses. Unused product follows the California Environmental Protection Agency Department of Pesticide Regulations. Staff or subcontractors applying pesticides must be either certified by the California Department of Food and Agriculture, or under the direct supervision of a certified pesticide applicator. Protocols for handling, mixing, storing, and disposing of usedunused pesticidedherbicidedfdizers will be in accordance with the California Environmental Protection Agency Department of Pesticide Reg will be kept on-site where these chemicals are stored. The following BMPs are listed for use by the listed municipal areas. Municipal Area Parks Recreation Areas Mediandopen Spaces Greenways/Open Spaces Civic Areas Athletic.Fields Beach Access Trees Landscaping BMPs currently implemented for handling, applying, storing, and disposing of pesticides, herbicides, and fertilizers 1. Pesticides and Herbicides are applied in accordance with the California Department of Pesticides requirements as I aDD1iCabk. I 2. Pesticides are purchased in small Oess than 5-gallon amounts). 3. Manufacturer’s label requirements are used. 4. Dispose of organic materials in designated containers as solid waste. 5. Mix the right amount of chemical at the right strength to use all ofthe solution. 6. Dedicate application equipment - to minimize the rinsing of - containers. I I I llation. A copy of the regulations BMPs to be considered to reduce or minimize pesticides, herbicides, and fertilizers from entering the storm drain system 1. Irrigation System Check for overflows into storm drain and from treated areas into stom drain via streets and gutters (see E3b - - Appendix B). 2. Irrigation Time Check. 3. Use of nonsynthetic fertilizers [Alternative Safer Products). 4. Manually remove diseased and dying plants, branches, and leaves. 5. Replace .with native vegetation when practical. 6. Use insecticidal soaps or horticultural oils if possible. 7. Store fertilizers separate from pesticides and herbicides. Fertilizers am oxidizers that could react with other chemicals. 8. Apply chemicals when public exposure is minimized. 9. Train Municipal, Public Works, and Procurement staff on storm water issues. City of Carlsbad Jurisdictional Urban RunoflManagement Plan 2-3 EXHIBIT “B” COMPENSATION Item - No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 13. 14. 15. Location City Hall and Cole Library Complex 1200 Carlsbad Village Drive Harding Community Center 3096 Harding Street Hosp Grove Park 22 10 Jefferson Hosp Grove TraiVNature Area Wickham Way 8 Monroe Street Jefferson Duck Observation Area 2205 Jefferson Street Oak Park 3050 Pi0 Pic0 Street Pi0 Pic0 Park 2700 Pi0 Pic0 Street Larwin Park 2683 Vancouver Street Senior Center & Complex 799 Pine Avenue Car Country Park 5465 Paseo del Norte Maxton Brown Park 2500 State Street City Administration Building 1635 Faraday Avenue Farmers Insurance Building 58 15 El Camino Real Las Palmas Building 2075 Las Palmas Drive Per Month Annual Item Total x 12 $1,414.79 $16,977.48 x 12 $ 235.80 $ 2.829.60 x 12 $ 235.80 $ 2,829.60 x 12 $ 235.80 $ 2,829.60 x 12 $ 235.80 $ 2.829.60 x 12 $ 27.42 $ 329.04 x 12 $ 36.56 $ 438.72 x 12 $ 27.42 $ 329.04 x 12 $ 943.21 $11,318.52 x 12 $ 0.00 $ 0.00 x 12 $ 235.80 $ 2.829.60 x 12 $ 943.21 $1 1,318.52 x 12 $ 438.70 $ 5.264.40 x 12 $ 82.25 $ 987.00 37 COMPENSATION (Cont.) - Item - No. 16. 17 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Location Maintenance & Operations Building 5950 El Camino Real Main Library 1775 Dove Lane Scanlon House 2955 Elmwood Carrillo Ranch Slopes Carrillo Ranch Way @ Melrose The Elm Wall Pontiac @ Carlsbad Village Drive La Costa Law Reservoir Alga Road ‘/z mile east of Alicante “D’ Reservoir La Costa Blvd between Aviara Pkwy and El Camino Real “E” Reservoir Hidden Valley Road yi mile north of Palomar Airport Road Skyline Reservoir 4277 Skyline Road Ellery Reservoir 2237 Janis Way Elm Reservoir Carlsbad Village Dr. @ Donna Dr Streets & Facilities Maint. Bldg. 405 Oak Avenue Per Month Annual Item Total x 12 $ 82.25 $ 987.00 x 12 $ 471.60 $ 5,659.20 x 12 $ 235.80 $ 2.829.60 x 12 $ 1.650.62 $19,807.44 x 12 $ 27.42 $ 329.04 x 12 $ 73.12 $ 877.44 x 12 $ 1.886.42 $22.637.04 x 12 $ 45.70 $ 548.40 x 12 $ 365.60 $ 4,387.20 x 12 $ 329.03 $ 3.948.36 x 12 $ 36.56 $ 438.72 x 12 $ 36.56 $ 438.72 Grand total amount of bid, including items 1 - 27 in words: One Hundred Twentv Three Thousand Nine Hundred Ninetv Eight Dollars and 88/100 Grand Total amount of bid, including items 1 - 27 in numbers: $123,998.88 PRODUCER 500 W. Monroe St. ServlceMaster Cenlficale Team Chlago, IL 60661 Attn; Fax; 877-732-7799 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND COMFERS NO RIGHTS UPON fliE CERTIFICATE HOLDER OTHER THAN THbs€ PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND. EXTENO OR ALTER THE COVERAGE AfFOROEO BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE -L 00 .LAND-22221 -00/03 6246 ZURICH AMERICAN INSURANCE CO " ". IMSURED -I . -s .. ._. .%.. TruGrsen Landcare, a General Pafinership P.O. Box 17167 Memphis, TN 38187 F" AMERICAN-ZURICH INSURANCE COMPANY COMPkNV . .. ILLINOIS NATIONAL INSURANCE COMPANY I LIMITS SHOW MAY WIVE BEEN REDUCED SV PAID CL41b4Ss. I 1 I TYPEOFINSURANCE 1 POUCY NUMBER POUCY EFFECTIV, GLO 2938526.00 01/61/00 I O\FvNER'$ &CONTRACTORS PROT ALL OWED AUTOS SCHEDULED AUTOS HIRED AUrOS NON-OWNED AUTOS -.... ~" .. __ City of Carlbbad 1635 Faraday Avenue Ab: Kevin Davis Carlshad, CA 92008-731 4 RTlFlUW MOLDER NAMED HEREIN, BUT FAICURE TO MU1 SUCH NOTICE SHALL IMPUSE NO OBWCATlOb OR MARSH USA INC. BY: Christy N. Phoebus y- 1 S0R0. d 80:81: 2002-0K-d3S PRODUCER 500 W. Monroe SI. ServiceMaster Certificate Team Chiago, IL 60661 Ann: fax: 077-732-7793 100 -LAND22221 -OW03 6246 NSUREb .- TruGreen Landcare, a General Partnership Memphis, TN 381 87 P.0. Box 17167 COMPANIES AFFORDING COVERAGE -.... " ___" COMPANY " -. - COMPANY -.- IF I CONTINUED FROM DESCRIPTION SECTION: liability and Commercial Business Auto. This insurance shall be primary and without right of contribution from any insurance carried by the certificate holder Attn: Kevin hvis Carlsbad, CA 92008-?314 SWEB 'd 60:8'1: tQQZ-Of-d35 COMMERCIAL LIABILITY CGL - ENDORSEMENT POLICY NUMBER: GLO 2938528-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insuxance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Project: Landscape Ground and Park Maintenance Services The City of Carlsbad, The City of Carlsbad Redevelopment Agency, hasuing Authority or Carlsbad Municipal Water Di6trict) its officials, employees and volunteers If no enrry appears above, information required to complete this endorsement will be shown in the Declatacions as applicable LO this endorsement.) Who Is An Insured (Section 11) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. IT is fiuther agrced tlxat such insurance as is afforded by this policy for the bcnefii of'the above additional insured@) shall be primary insurance as respects any claim, loss or liability arising out of the Named fnsurcd's operations, and any other insurance maintained by the additional insured(s) shall bc excess and non-contributory with the insurance provided hereunder. CG 20 26 11 85 Copyrighr;, Insurance Services Office, Inc., 1984 ..&.,... x.: *&%?ax! , . . . , , . , . ,.. ., ,. ._,..,_.* SQ/PB 'd SQ'd 7HlOl . .. W ._ -... .. . -*."VI COMMERCIAL COMMERCIAL INSURANCE AUTO INSURANCE ENDORSEMENT d insurance for this coverage pan pravrded by: ZURICH AMERICAN INSURANCE Policy Number BAP-2938531-00 COMPANY Renewal of Number BAP-8343900-03 ADDITIONAL INSURED - PERSONICOMPANY NAME OF PERSON OR ORGANIZATION; Blanket as required by written contract WHO IS AN INSURED is changed to include as an "insured the person or Organization named above for "bodily Injury" or "property damage" arising out of the use of a covered "auto" while the covered "auto" is being used pursuant to a contract described in the schedule. However, the person or organization named above is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions of; 1. You; 2. Any of your employees OJ agents; or 3. Any person, except the employee or agent of the person or organization named above, operating a covered "auto" with the permission of any of the above. U-CA-%&A (07-94). 60:8T 2082-0E-d3S SD/SQ 'd