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HomeMy WebLinkAbout2015-07-14; City Council; 22025; Bid 15-05 Contract to Best Bidder for Work Categories B C D E FCITY OF CARLSBAD - AGENDA BILL AB# 22,025 ADOPT A RESOLUTION IN CONSIDERATION OF REQUEST FOR BID #15-05 - PARKS MAINTENANCE SERVICES, AWARDING A CONTRACT TO THE BEST VALUE DETERMINED BIDDER FOR WORK CATEGORY B; FOR WORK CATEGORY C; AND FOR WORK CATEGORIES D, E, & F, RESPECTIVELY DEPT. DIRECTOR G^2^ MTG. 07/14/2015 ADOPT A RESOLUTION IN CONSIDERATION OF REQUEST FOR BID #15-05 - PARKS MAINTENANCE SERVICES, AWARDING A CONTRACT TO THE BEST VALUE DETERMINED BIDDER FOR WORK CATEGORY B; FOR WORK CATEGORY C; AND FOR WORK CATEGORIES D, E, & F, RESPECTIVELY CITY ATTY. DEPT. R&R ADOPT A RESOLUTION IN CONSIDERATION OF REQUEST FOR BID #15-05 - PARKS MAINTENANCE SERVICES, AWARDING A CONTRACT TO THE BEST VALUE DETERMINED BIDDER FOR WORK CATEGORY B; FOR WORK CATEGORY C; AND FOR WORK CATEGORIES D, E, & F, RESPECTIVELY CITY MGR. yr^ RECOMMENDED ACTION; Adopt Resolution # 2015-181 _, in consideration of Request For Bid (RFB) #15-05 - Parks Maintenance Services, awarding a contract to the best value determined bidder for Work Category B; for Work Category C; and for Work Categories D, E, & F, respectively. ITEM EXPLANATION: The parks & recreation department presently accomplishes approximately three quarters of its 'parks maintenance services' through contract vendors. The department administers a contract with West Coast Arborists, for trees maintenance at sites throughout the city, which is due to expire on December 8, 2015. The department also administers contracts with Nissho of California and Westturf Landscape Management, for grounds maintenance at sites throughout the city, which are both due to expire on July 21, 2015. Accomplishing these maintenance services through best value determined vendors allows the department to receive high quality trees and grounds maintenance, without the need for the city to increase internal staffing or purchase and maintain additional specialty equipment. On October 30, 2014, RFB #15-03 - Parks Maintenance Services - was advertised for bid for a 43 day period. The RFB was divided in to five specific work categories: B - Trees; C - Community Parks & School Athletic Fields; D - Passive Parks & Facilities Landscapes; E - Streetscapes, Medians & Parkways; and F - Undeveloped Parks, Urban Forests & Trailheads/Planters. Vendors had the ability to bid on any one or all five of the of work categories. On December 11, 2014, five separate vendors' bids were received, encompassing a total of eleven submittals on the collective work categories. None ofthe five vendors bid on all five work categories. Instead, the vendors bid on one work category to four work categories. DEPARTMENT CONTACT: Kyle Lancaster 760-434-2941, Kyle.Lancaster@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Page 2 The mathematically corrected prevailing wage annual bid amounts for the five vendors was as follows: RFB #15-03 Work Category B C D E F Prevailing Wage Trees Maintenance Community Parks & School Athletic Fields Maintenance Passive Parks & Facilities Landscapes Maintenance Streetscapes, Medians, & Parkways Maintenance Undeveloped Park Sites, Urban Forests, & Trailhead/Planter Maintenance West Coast Arborists $1,113,475.00 Blue Skies Landscape Management $1,039,480.00 $480,472.00 Nissho of California $1,715,692.00 $951,920.00 $805,384.00 $293,336.00 Western Gardens Landscaping $430,400.00 Westturf Landscape Management $708,520.76 $768,666.64 $327,932.48 REJECTED REJECTED REJECTED REJECTED REJECTED Staff subsequently reviewed the bids, and concluded they were each responsive to the RFB advertisement. Staff also performed a standard best value evaluation of each of those bids based on the following pre-established weighted criteria: cost, ability to provide service, previous performance and references, quality of service, and unspecified value added offerings. On January 5, 2015, however. Blue Skies withdrew its entire bid (Work Categories C & E) from consideration. Due to the low number of bids, particularly after Blue Skies' withdrawal of its bid, staff was unable to conclusively determine a best value vendor in each ofthe work categories. On January 20, 2015, the City Council rejected all bids from RFB #15-03, and directed staff to commence the re-bidding process for parks maintenance services. That re-bidding process was to include an emphasis on soliciting additional qualified vendors to submit competitive bids, which would then provide staff with a greater comparative base from which to make a best value determination. It was anticipated that the re-bidding process, and subsequent award of new contracts, would take up to six months (i.e., 180 days) to complete. The department wished to have Nissho and Westturf continue performing their respective parks maintenance services - for the period of time when the existing contracts would have ordinarily expired, and the new contracts would be implemented. Nissho and Westturf expressed an interest in continuing to perform these parks maintenance services, with no rate increases, for a period of 180 days. The City Council therefore approved Amendment #6 to the existing contract with Nissho for Median, Parkway, and Landscape Maintenance Services, and Amendment #5 to the existing contract with Westturf for Parks & Facilities Landscape Maintenance Services, both of which will terminate on July 21, 2015. Page 3 On March 2, 2015, RFB #15-05 - Parks Maintenance Services - was advertised for bid for a 46 day period. RFB #15-05 was divided in to the same five specific work categories as RFB #15-03. The bidding process included the aforementioned emphasis on soliciting additional qualified vendors. On April 16, 2015, nine separate vendors' bids were received, encompassing a total of twenty-five submittals on the collective work categories. Those results reflected nearly double the number of vendors, and over double the number of total submittals, on RFB #15-05 compared to RFB #15-03. Additionally, the adjusted sum of the low bids across the work categories was approximately twelve percent less, on RFB #15-05 compared to RFB #15-03. None of the nine vendors on RFB #15-05 submitted a bid on all five work categories. Instead, the vendors bid on one work category to four work categories, which was also the case on RFB #15-03. The mathematically corrected prevailing wage annual bid amounts for the nine vendors was as follows: RFB #15-05 Work Category B C D E F Prevailing Wage Trees Maintenance Community Parks & School Athletic Fields Maintenance Passive Parks & Facilities Landscapes Maintenance Streetscapes, Medians, & Parkways Maintenance Undeveloped Park Sites, Urban Forests, & Trailhead/Planter Maintenance West Coast Arborists $711,900.00 Terracare Associates $1,056,640.00 $884,276.00 $892,288.00 $365,672.00 PWLCl $1,219,792.00 $610,688.00 $542,044.00 $205,112.00 MCE $1,467,520.00 $887,420.00 Aztec Landscaping $2,052,046.24 $1,261,279.28 Blue Skies Landscape Management $1,548,803.92 $825,156.92 $751,274.08 $254,908.04 Nissho of California $1,378,000.00 $729,056.00 $685,240.00 $293,336.00 Western Gardens Landscaping $410,000.00 Westturf Landscape Management $694,046.00 $767,224.00 $252,308.00 3 Page 4 Staff subsequently reviewed the bids, and concluded they were each responsive to the RFB advertisement. Staff also performed a standard best value evaluation of each of those bids based on the same pre-established weighted criteria as RFB #15-03. In each work category, the low bidder was also determined to be the best value bidder, and is highlighted in the above table. Staff is therefore recommending, in consideration of RFB #15-05 - Parks Maintenance Services, the award of a contract to the following bidder per work category: • B: West Coast Arborists, in a not to exceed annual amount of $711,900 • C: Terracare Associates, in a not to exceed annual amount of $1,056,640 • D, E, & F: PWLCl, in a not to exceed annual amount of $1,357,844 Presuming the Council awards a contract to West Coast Arborists for Work Category B, the associated maintenance services will commence forthwith, and the existing contract with West Coast Arborists will be terminated. Presuming the council awards a contract to Terracare Associates for Work Category C, and a contract to PWLCl for Work Categories D, E, & F, the associated maintenance services will commence on July 22, 2014, the day after the existing contracts with Nissho of California and Westturf Landscape Management expire. FISCAL IMPACT: Sufficient funds are available for the award of a contract to the best value determined bidder for Work Category B; for Work Category C; and for Work Categories D, E, and F, respectively, within the applicable maintenance budgets. ENVIRONMENTAL IMPACT; Pursuantto Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution # 2015-181 , jn consideration of RFB #15-05 - Parks Maintenance Services, awarding a contract to the best value determined bidder for Work Category B; for Work Category C; and for Work Categories D, E, and F, respectively. 2. City of Carlsbad Contract on RFB #15-05, Work Category B, with West Coast Arborists 3. City of Carlsbad Contract for RFB #15-05, Work Category C, with Terracare Associates 4. City of Carlsbad Contract for RFB #15-05, Work Category D, E, & F, with PWLCl 4 1 RESOLUTION NO. 2015-181 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, IN CONSIDERATION OF REQUEST FOR BID (RFB) #15- 05 - PARKS MAINTENANCE SERVICES, AWARDING A CONTRACT 4 TO THE BEST VALUE DETERMINED BIDDER FOR WORK CATEGORY B; FOR WORK CATEGORY C; AND FOR WORK CATEGORY D, E, & F, 5 RESPECTIVELY 6 y WHEREAS, the parks & recreation department presently accomplishes approximately 8 three quarters of its 'parks maintenance services' through contract vendors; and ^ WHEREAS, the department administers a contract with West Coast Arborists, for trees maintenance at sites throughout the city, which is due to expire on December 8, 2015; and WHEREAS, the department also administers contracts with Nissho of California and Westturf Landscape Management, for grounds maintenance at sites throughout the city, which 10 11 12 13 24 are both due to expire on July 21, 2015; and 15 WHEREAS, accomplishing these maintenance services through best value determined vendors allows the department to receive high quality trees and grounds maintenance, without the need for the city to increase internal staffing or purchase and maintain additional specialty equipment; and WHEREAS, on March 2, 2015, RFB #15-05 - Parks Maintenance Services - was advertised 16 17 18 19 20 21 for bid for a 46 day period; and 22 WHEREAS, the RFB was divided in to five specific work categories: B - Trees; C Community Parks & School Athletic Fields; D - Passive Parks & Facilities Landscapes; E - Streetscapes, Medians & Parkways; and F - Undeveloped Parks, Urban Forests & Trailheads/Planters; and 23 24 25 26 2y WHEREAS, vendors had the ability to bid on one or all five of the of work categories; and 28 1 WHEREAS, the bidding process included an emphasis on soliciting qualified vendor; and 2 WHEREAS, on April 16, 2015, nine separate vendors' bids were received, encompassing a total of twenty-five submittals on the collective work categories; and WHEREAS, none of the nine vendors submitted a bid on all five work categories. Instead, the vendors bid on one work category to four work categories: and 3 4 5 6 7 WHEREAS, staff subsequently reviewed the bids, and concluded they were each 8 responsive to the RFB advertisement; and 9 WHEREAS, staff also performed a standard best value evaluation of each of those bids 10 based on pre-established weighted criteria. In each work category, the low bidder was also 11 determined to be the best value bidder. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 14 California, as follows that: 15 1. The above recitations are true and correct. 16 17 18 19 20 2. The Mayor of the City of Carlsbad is hereby authorized to execute a contract to the following best value determined bidder per work category: - B: West Coast Arborists, in a not to exceed annual amount of $711,900 - C: Terracare Associates, in a not to exceed annual amount of $1,056,640 21 - D, E, & F: PWLCl, in a not to exceed annual amount of $1,357,844. 22 3. Maintenance services associated with work category B will commence forthwith. 4. Maintenance services associated with work categories C, D, E, & F will commence on July 22, 2015. 23 24 25 26 27 28 // 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 14^^ day of July, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ATTEST: BARBARA ENGLESQ^K City Clerk (SEAL) o^V-SBAoV AGREEMENT FOR PARKS MAINTENANCE SERVICES WORK CATEGORY B - TREES (WEST COAST ARBORISTS, INC.) This Agreement, is effective on the date signed by an authorized representative ofthe City of Carlsbad July 15, 2015, and is made by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and West Coast Arborists, Inc., a corporation, ("Contractor"). RECITALS A. City desires to obtain the services of a private Contractor to perform Parks Maintenance Services on the City's Trees; 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 seven hundred eleven thousand, nine hundred dollars ($711,900) 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 of the 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 one million, four hundred twenty-three thousand, eight hundred dollars ($1,423,800). 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 1, 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. 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 of the 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' ID 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-:VII". 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". 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 ofthe 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. 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 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, 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 ofthe 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, priorto 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 ofthe Services required underthis 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 13 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 Address Parks & Recreation City of Carlsbad 799 Pine Avenue, Ste. 200 Phone Email Carlsbad, CA 92010 (760) 434-2941 kyle.lancaster@carlsbadca.gov For Contractor Name Title Address Phone Email Victor Gonzalez Vice President West Coast Arborists, Inc. 2200 Via Burton Street Anaheim, CA 92806 (800) 521-3714 vgonzalez@wcainc.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 Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 discrimination and harassment. 21- DISPUTE RESOLUTION If a dispute arises 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 American 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 ofthe initiating party's Request for Mediation, the opposing party shall file the following: a copy ofthe list ofthe 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 for the 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 serve 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. During 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 entering 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 |5 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 Carlsbad. 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 under this 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 otherwise 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 prescribed by the City. The Contractor shall submit the proposal promptly, but no later than sixty (60) days from the effective date of termination, unless extended, in writing, by the City upon written request of the Contractor within this sixty (60) day-period. 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 under this 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 Services, 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 properly 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, clerical, 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 risk 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 price(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 underthis 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 wiil 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 of ten percent (10%) per annum compounded daily and shall be computed for the period 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 otherwise 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 bearing 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 appropriate, 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 written 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 right ofthe Contractor, and any person claiming any rights by or through the Contractor. The rights and remedies ofthe City enumerated in this section are cumulative and shall not limit, waive, or deny any of the City's rights 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 n Agreement, in the event Contractor is in material 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 during the period 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 curing 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 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. 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 criminal 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 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. 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 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. (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 (sign here) Patrick Mahoney, President (print name/title) Gity Manager or Mayor or Dopartmont Dirootor ac authorizod by tho City Monogor Matt Hall ATTEST: By: Richard Mahoney, Assistant Secretary (print name/title) 3ARBARA ENPLESON 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 Sr. Assistant City Attorney 2'2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or otiier officer completing tfiis certificate verifies only tlie identity of ttie individual wfio signed ttie document to whicli this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On June 22, 2015 Orange ) before me, Amelia I. Menzel. Notarv Public Date personally appeared Here Insert Name and Title of the Officer Patrick Mahoney and Richard Mahoney Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persog^^hose nanr\^^,i6^^]) subscribed to the within instrurjifiQt and acknowledgedtome that h«!she(f^^executed the same in fiis/tffifTfheir^thorized capacitj^^pand ttiat byJ3ia*>ei^TOir>ignatur^^n the instrument the person^ or th©.eoti4yljpon behalf of which the persot^^^^cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. AMELIA I. MEWEl C<MMniMlon#210S517 Notary PubNc-CaHfornia OrangtCouftty ^ My Comm. Biplrea Apr 2.20191 WITNESS my hand and officiayseal Signature. Signature bf Notary Public Place Notary Seal Above OPTIONAL Thougti this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of DocumentrC'ty of carisbad - Parks Maint. Svcs. Agreement Document Date: 6/22/15 Number of Pages: 15 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney Q Corporate Officer - Title(s): President ! Partner — Limited 1 General Individual Attorney in Fact : Trustee Guardian or Conservator i Other: Signer Is Representing: WCA, Inc. Signer's Name: Richard Mahoney •Corporate Officer - Title(s): Asst. Secretary : ' Partner — 1 Limited ' General 1 • Individual Attorney in Fact i ] Trustee Guardian or Conservator I I Other: . Signer Is Representing: WCA, Inc. ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 APPENDIX 'A' to Agreement for Parks Maintenance Services (West Coast Arborists, Inc.) 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 J PART I 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. 1.10 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 Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP), and Carlsbad 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 experience in compliance with environmental regulations. If in the opinion of CITY, CONTRACTOR is not in compliance with this provision, CITY reserves the right 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 S5 trimming. 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 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 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 othenA/ise 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 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 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 CONTRACT. • CITY shall have the unrestricted right to order the removal 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 CONTRACT comply with CITY's drug and alcohol policies then in effect. • CONTRACTOR shall remove any person from performing any Services to CITY if said person is arrested and charged with either a misdemeanor or felony. 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 Experience (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 of the 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 clearly 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. 3 1 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 3^ 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: Invoice # - Facilities Landscapes Trees: Location Account Number Monthly Cost (TBD by City Schedule/Call-0014610-7550 Out) TOTAL MONTHLY $(AMOUNT) COST Invoice # - Medians Trees: Location Account Number Monthly Cost (TBD by City Schedule/Call-1615024-7550 Out) TOTAL MONTHLY COST $(AMOUNT) Invoice # - Streetscape and Parkways Trees: Location Account Number Monthly Cost (TBD by City Schedule/Call- 0014610-7550 Out) TOTAL MONTHLY COST $(AMOUNT) Invoice # - Parks and School Fields Trees: Location Account Number Monthly Cost (TBD by City Schedule/Call- 0014610-7550 Out) TOTAL MONTHLY COST $(AMOUNT) Invoice # - Urban Forests Trees: Location Account Number Monthly Cost (TBD by City Schedule/Call-0014610-7550 Out) TOTAL MONTHLY COST $(AMOUNT) Invoice # - Trails Trees: Location Account Number Monthly Cost (TBD by City Schedule/Call- 0014620-7550 Out) 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 othenA/ise 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. 31 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 properly. 10.03 All equipment shall be generally clean, void of significant body damage, in good working order, leak-free, and regularly maintained. 10.04 Each piece of riding/driving equipment used at areas of service shall be clearly 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. 39 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. 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. 33 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 rightto 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 under this 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. 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 for the general duties of the 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 forwarded 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. r ") f— Ob 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 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 3U 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. 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 of the area within which the services are performed. 18.02 In the event that CONTRACTOR'S operations must be performed when persons ofthe 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 quarterly 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 supervision 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. 0 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 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 ofthe project during regular hours to prevent or minimize possible damage from inclement weather. CONTRACTOR shall submit a report identifying any storm damage to CITY 31 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 ofthe 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. 40 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.CO., Q.A.L./C. and San Diego County P.C.A. registration shall be required annually in January. 24.02 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 Carlsbad. • Amount of green waste reused outside of Carlsbad. Work Category B Trees Maintenance PART I - GENERAL SPECIFICATIONS 1.0 GENERAL REQUIREMENTS 2.0 TREES TO BE MAINTAINED PART II - TECHNICAL SPECIFICATIONS 3.0 GENERAL REQUIREMENTS/SCOPE OF WORK 4.0 ANNUAL PRUNING PROGRAM 5.0 TREE MAINTENANCE 6.0 FACILITIES AND EQUIPMENT MAINTENANCE 7.0 PLANT MATERIALS 8.0 SERVICE REQUEST Ll P PART I GENERAL SPECIFICATIONS 1.00 REQUIRED CERTIFICATES/LICENSES 1.01 CONTRACTOR shall have a valid State of California C-61/D49 CONTRACTOR'S License. Licenses 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. 1.02 CONTRACTOR shall possess OSHA certification of aerial equipment for aerial equipment to be used throughout the term of this CONTRACT. 1.03 CONTRACTOR shall possess at least: • ISA Arborist certification for all staff with the position title of Arborist. • One (1) Arborist, available to perform services at any site in the CITY, within two (2) hours of call-out by CITY or CONTRACTOR. 2.00 TREES TO BE MAINTAINED 2.01 The trees within community parks, school athletic fields, passive parks, facilities, streetscapes, medians, parkways, urban forests, and trails areas are to be maintained under the provisions of this CONTRACT. City trees will be inspected/pruned a minimum of once every four (4) years, up to a maximum of once every six (6) months, dependent upon size, species, and location. The project areas are in various locations throughout CITY; the inspection/pruning schedule will be provided to CONTRACTOR upon award of CONTRACT. Samples ofthe inspection/pruning schedule are included in Appendix C. 2.02 CONTRACTOR acknowledges personal inspection of the trees within the community parks, school athletic fields, passive parks, facilities, streetscapes, medians, parkways, urban forests, and trails areas, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the subject trees 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. M3 PART II TECHNICAL SPECIFICATIONS 3.00 GENERAL REQUIREMENTS/SCOPE OF WORK 3.01 It shall be understood that CONTRACTOR will be required to perform and complete the tree maintenance Services in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that meets CITY'S requirements. CONTRACTOR will be required to perform the following tree maintenance activities at various project areas throughout CITY; Tree pruning Tree removal Tree planting Emergency response Line clearance pruning Traffic clearance pruning Tree watering Small tree care Palm trunk skinning Root pruning Specialty equipment rental Arborist consultation/inspection Hard copy and electronic data entry Tree inventorying and GIS mapping Online maintenance access* maintenance is defined as Internet access to an Urban Forestry Management includes work order tracking, ability to send work requests, including, but not o tree trimming, planting, and removal, access to reports for tree trimming. * Online tool tha limited planting, and removal, and GPS accessibility for tree inventory services. 4.0 ANNUAL PRUNING PROGRAM 4.01 CONTRACTOR shall execute the annual pruning program provided by the CITY. Appendix C provides sample Trees Inspection/Pruning Schedules from which this program is generally based. The pruning program may require that more than one tree crew perform concurrently. A. CONTRACTOR must use CITY'S tree inventory. The CITY will provide the inventory to the CONTRACTOR in either a shape (shp) file or ArcPad (apm) data format. B. CONTRACTOR will purchase ESRI ArcPad application license (version 10.0 or higher) that they will use on a laptop or handheld device in the field to keep track of the trees they are assigned to prune. CONTRACTOR will consult ESRI's website for system requirements before hardware purchase. ArcPad can be purchased at the following link http://store.esri.com/esri/showdetl.cfm?SID=2&Product ID=1286&Cateqon/ 10= 123 C. Finished inventory will be returned to the CITY electronically in the form of an ArcPad files that includes all axf and apm files. D. CONTRACTOR will provide the prune date on each tree serviced in the current inventory. E. CONTRACTOR will use tree IDs provided by the CITY when invoicing completed work. Tree IDs will be provided by the CITY with the tree inventory. 5.0 TREE MAINTENANCE 5.01 All pruning and tree tying shall conform to International Society of Arboriculture (I S A) Standards. CONTRACTOR shall not allow any tree to be topped. 5.02 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways and at eight (8) feet above sidewalks. Lower branching may be allowed for trees in background and ornamental areas. Prune plant materials where necessary to maintain access and safe vehicular visibility and clearance, and to prevent or eliminate hazardous conditions. 5.03 Tree pruning 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. 5.04 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. 5.05 Tree ties shall be checked bi-weekly and either retied to prevent girdling or removed along with the stakes when no longer required. 5.06 Periodic staking and tying shall be performed as needed. 5.07 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage shall be addressed and resolved upon detection by CONTRACTOR. 5.08 Remove dead shrubs and trees. CITY shall be notified 48 hours in advance of the removal of any tree, with the exception of a tree that poses an imminent safety hazard. 5.09 All trimmings and debris shall be removed and properly disposed of immediately. 5.10 CONTRACTOR shall replace trees whose trunks are significantly damaged by CONTRACTOR'S personnel with trees of equal size and specie at CONTRACTOR'S sole expense. 6.00 FACILITIES AND EQUIPMENT MAINTENANCE 6.01 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, but at minimum semi-annually. CITY shall provide or reimburse CONTRACTOR for materials that exceed $500 per month, with CITY'S approval. 7.0 PLANT MATERIALS 7.01 Plant materials shall conform to the requirements of the site specific landscape plans on file with CITY, and to horticultural standards, as to variety, species, size, age, etc. 7.02 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. 7.03 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; Palms not candle shaped. 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. 7.04 Plant Materials Guarantee CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain in healthy condition , regardless ofthe reason for said failure, as follows: A. All trees shall be guaranteed for one year from the date of acceptance of the job by CITY. B. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by CITY. 8.00 SERVICE REQUEST 8.01 CONTRACTOR shall complete all service requests for individual bid items within three (3) work days, unless otherwise directed by CITY. HI APPENDIX 'B' to Agreement for Parks Maintenance Services (West Coast Arborists, Inc.) Contractor's Cost of Services Work Category B - Trees Item # Description Ann. Units PREVA LING WAGE Item # Description Ann. Units Each Unit $ Annual Total $ Bl Tree Trimming (All Species Except Palms) 0" to 12" Diameter at Breast Height 575 $70.00 (Each) $40,250.00 (Extended Amt.) B2 Tree Trimming (All Species Except Palms) >12" to 24" Diameter at Breast Height 1625 $ 90.00 (Each) $ 146,250.00 (Extended Amt.) B3 Tree Trimming (All Species Except Palms) >24" to 36" Diameter at Breast Height 1750 $ 105.00 (Each) $ 183,750.00 (Extended Amt.) B4 Tree Trimming (All Species Except Palms) >36" and over Diameter at Breast Height 575 $ 145.00 (Each) $ 83,375.00 (Extended Amt.) B5 Tree Trimming (Palms) 0" to 12" Diameter at Breast Height 125 $ 60.00 (Each) $ 7,500.00 (Extended Amt.) B6 Tree Trimming (Palms) >12" to 24" Diameter at Breast Height 475 $60.00 (Each) $ 28,500.00 (Extended Amt.) B7 Tree Trimming 100 $ 60.00 $ 60,000.00 (Palms) >24" and over Diameter at Breast Height (Each) (Extended Amt.) B8 Tree Double Staking (All Species) Including Stakes/Ties 100 $ 10.00 (Each) $ 1,000.00 (Extended Amt.) B9 Tree Guying (All Species) Including Wire/Anchors 250 $ 15.00 (Per Lin. Foot) $ 3,750.00 (Extended Amt.) BIO Tree Root Pruning (All Species) Per Linear Foot 200 $ 15.00 (Per Lin. Foot) $ 3,000.00 (Extended Amt.) BII Tree Root Barrier Installation (Including 18" Bio 250 $15.00 (Per Lin. Foot) $ 3,750.00 (Extended Amt.) B12 Tree Removal And Stump Grinding (All Species except Palms) 0" to 24" Diameter at Breast Height 75 $ 375.00 (Each) $28,125.00 (Extended Amt.) B13 Tree Removal And Stump Grinding (All Species except Palms) >24" Diameter at Breast Height 25 $ 825.00 (Each) $ 20,625.00 (Extended Amt.) B14 Stump Grinding Only (All Species) Per Diameter Inch 500 $ 9.00 (Per Dia. Inch) $4,500.00 (Extended Amt.) B15 Tree Removal and Stump Grinding (Palms) 0" up to 24" Diameter at Breast Height 5 $ 375.00 (Each) $ 1.875.00 (Extended Amt.) B16 Tree Removal and Stump Grinding (Palms) >24" Diameter at Breast Height 5 $ 825.00 (Each) $4,125.00 (Extended Amt.) B17 Scheduled Work Crew (3 Staff, Aerial Unit, Box Truck, Chipper, Chain Saws & Misc. Equipment) 350 $ 198.00 (Per Hour) $ 69,300.00 (Extended Amt.) B18 Emergency Response and Specific Event Crew (3 Staff, Aerial Unit, Box Truck, Chipper, Chain Saws & Misc. Equipment) After Hours, Weekends & City Holidays 75 $ 198.00 (Each) $ 14,850.00 (Extended Amt.) B19 Tree Planting (All Species) Including Tree, Tabs, Amendments & Stakes 15-Gallon Containers 25 $ 175.00 (Each) $4,375.00 (Extended Amt.) B20 Tree Planting (All Species) Including Tree, Tabs, Amendments & Stakes 24" Box Container. 10 $ 300.00 (Each) $ 3,000.00 (Extended Amt.) B21 Tree Planting (All Species) Including Tree, Tabs, Amendments & Stakes 36" Box Container 5 $ 800.00 (Each) $4,000.00 (Extended Amt.) B22 *Extra Work stipulated Amt. $ 50,000.00 (Annual Amt.) Column Total: $711,900.00 * 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. 5o From: Donna Heraty Sent: Thursday, July 16, 2015 11:32 AM To: 'vgonzalez@wcainc.com' Cc: Shelley Collins; Kyle Lancaster Subject: REQUIRED CONFLICT OF INTEREST Attachments: Resolution No. 2015-050.pdf To Whonn It May Concern: You are receiving this email because your company has a consultant agreement with the City of Carlsbad. 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 Carlsbad 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 COMPLETED FORM 700 IS DUE IN THE CiTY 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 Carlsbad 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 entering 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. A CARLSBAD Donna Heraty, CMC Deputy City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 www.carlsbadca.gov P: 760-434-2808 F: 760-720-6917 donna.heratv@carlsbadca.gov Please consider ttie environment before printing this e-mail 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. 5S 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' 53 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". 3\ 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. t>5 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. 51 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 5l 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. ^3 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. ^6 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 n 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 IOO 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 Please consider tite environment before printing this e-mail AGREEMENT FOR PARKS MAINTENANCE SERVICES WORK CATEGORY D - PASSIVE PARKS & FACILITY LANDSCAPES WORK CATEGORY E - STREETSCAPES, MEDIANS & PARKWAYS WORK CATEGORY F - UNDEVELOPED PARK SITES, URBAN FORESTS & TRAILS (PWLCl, INC.) This Agreement, is effective on the date signed by an authorized representative ofthe City of Carlsbad July 15, 2015, and is made by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and PWLCl, Inc., a corporation, ("Contractor"). RECITALS A. City desires to obtain the services of a private Contractor to periderm Pari<s Maintenance Services within the City's Passive Parks & Facilities Landscapes; within the City's Streetscapes, Medians, & Parkways; and within the City's Undeveloped Park Sites, Urban Forests, & Trails; 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, three hundred fifty-seven thousand, eight hundred forty-four dollars ($1,357,844) 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 of the 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, seven hundred fifteen thousand, six hundred eighty-eight dollars ($2,715,688). 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 1, 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 Cartsbad owned or maintained properties, and ends at the completion of the 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 Sen/ices 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. 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 suk)contractor 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. Wb 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' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or earty 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 properiy. 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". 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. 15 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. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad 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 ofthe Sen/ices 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, priorto the anniversary date ofthe 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 ofthe 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. \\\J 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 of the 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 Phone Carlsbad, CA 92010 (760) 434-2941 Email kyle.lancaster@cartsbadca.gov For Contractor Name Title Address Phone Email James Lopez General Manager PWLC1, Inc. 408 Olive Avenue Vista, CA 82085 (760) 630-3861 jlopez@pwlc1.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 categories. 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 ofthe 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. in 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute arises 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 American 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 ofthe initiating party's Request for Mediation, the opposing party shall file the following: a copy ofthe list ofthe 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 for the 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 serve 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. During 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 entering 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 othen/vise 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 Carisbad. 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 under this 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 ofthe 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 of the 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 prescribed by the City. The Contractor shall submit the proposal promptly, but no later than sixty (60) days from the effective date of termination, unless extended, in writing, by the City upon written request of the Contractor within this sixty (60) day-period. 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 of the termination of Services, 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 properiy 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, clerical, 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 risk 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 ofthe price(s) ofthe 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 of ten percent (10%) per annum compounded daily and shall be computed for the period 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. PI 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 bearing 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 appropriate, 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 written 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 right ofthe Contractor, and any person claiming any rights by or through the Contractor. The rights and remedies of the City enumerated in this section are cumulative and shall not limit, waive, or deny any ofthe City's rights 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 material 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 during the period 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 curing 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 right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise 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 criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seg., 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 P3 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 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. 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 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. (Remainder of Page Intentionally Left Blank) Hi 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 municipai corporation of the State of California X By: (sign here) Richard Ruiz - CEO )ity Mpnogor or Me (print name/title) By: City M^nogdr or Mayor or Department -Diroetor 09 authorized by the City Managor Matt Hall (sign here) BARBARA ENGLESO City Clerk (print name/title) 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. TO FORM: y Attorney Sr. Assistant City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ ) On "Zoio^ :iXj:xolS Date personally appeared Rt^HA Rl> before me, 3rT^tfA\4lC gul^ NTg-tAftV f(^J?LlC Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. STEPHANIE RUIZ I Comm. «205361S J; Notary Public• Califbrnia^ Riverside County t Comm. tnpint Otc 27.20171 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature i^3^2^MVf. ^Lt^ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Gapacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NatlonalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 CORPORATE RESOLUTION PWLC I, INC. A California Corporation I, Richard D. Ruiz, CEO of PWLC I, INC., a Califomia corporation, hereby certify that a meeting of the Board of said corporation was held on Wednesday, June 4, 2014. At that time, the following resolution was unanimously adopted, and that said resolution remains unchanged and in fiill force and effective on this date, June 4,2014. RESOLVED, that the corporation authorizes Richard D Ruiz to sign all documents necessary for PWLC I, INC. to engage in commerce as he is the sole officer of the corporation. This includes, but is not limited to, all legal and contractual documents. In witness whereof, I have hereunto set my hand this on 04 Jime 2014. CEO, PWLC I, INC 11^ APPENDIX 'A' to Agreement for Parks Maintenance Services (PWLC1, Inc.) Section 3 - 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 PART I GENERAL SPECIFICATIONS 1.00 GENERAL REQUIREMENTS 1.01 The premises shall be maintained with a cnsp, clean appearance and all work shall be peri'ormed in a professional, workmanlike manner using quality equipment and materials. 1.02 CONTRACTOR is expected to have the appropnate staff and equipment available to periderm all portions of this CONTRACT within the given time frames. CONTRACTOR shall clearly identify each piece of nding/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. \r\ 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 Carisbad Jurisdictional Urban Runoff Management Plan (JURMP), and Carlsbad 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 experience in compliance with environmental regulations. If in the opinion of CITY, CONTRACTOR is not in compliance with this provision, CITY reserves the right 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 trimming. 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 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 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 criminal 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 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 CONTRACT. • CITY shall have the unrestricted right to order the removal 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 CONTRACT comply with CITY's drug and alcohol policies then in effect. • CONTFRACTOR shall remove any person from performing any Sen/ices to CITY if said person is arrested and charged with either a misdemeanor or felony. PI 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 Experience (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 of the 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. 1^0 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 quarterty 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 131 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: Invoice # - Passive Parks: Location Account Number Monthly Cost Cadencia Park 0014610-7550 $(AMOUNT) Calavera Schoolhouse Garden (w/ NTP) Cannon Park Car Country Park Harold E. Smerdu Garden (w/ NTP) Hidden Canyon Park (Inc. ADL Dog Park) Holiday Park Hosp Grove Park La Costa Canyon Park Leo Carrillo Ranch Historic Park (w/ NTP) Maxton Brown Park (35 Frazee/Tamarack Beach - Seawall & East Oak Park Pio Pico Park Skate Park TOTAL MONTHLY COST $(AMOUNT) Invoice # - Facilities Landscapes: Location Account Number Monthly Cost Arts Office 0014610-7550 $(AMOUNT) City Hall City Administration Building Dove Library Farmers' Insurance Building Fire Station #3 (w/ NTP) Fire Station #5 Georgina Cole Library Harding Community Center Hawthorne Property Las Palmas Building Learning Center Maintenance & Operations Building Monroe Street Pool Parks Administration Safety Center/Fleet Maintenance Buildings Senior Center TOTAL MONTHLY COST $(AMOUNT) Invoice # - Streetscapes: Location Account Number Monthly Cost Downtown Public Rights of Way Downtown Public Parking Lots Carisbad Blvd. Public Rights of Way Downtown Beach Accesses Palomar Airport Road Triangle Melrose Drive Triangle 0014610-7550 $(AMOUNT) TOTAL MONTHLY COST $(AMOUNT) Invoice # - Medians: Location Account Number Monthly Cost Alga Road 1615024-7550 $(AMOUNT) Aviara Parkway 133 Cannon Road Carisbad Boulevard Carisbad Village Drive College Boulevard El Camino Real Faraday Avenue La Costa Avenue Melrose Drive Palomar Airport Road Paseo Del Norte Poinsettia Lane Rancho Santa Fe Road/Olivenhain Road Non-Arterial Roads (Inclusive) TOTAL MONTHLY COST $(AMOUNT) Invoice # - Parkways: Location Account Number Monthly Cost Alga Road Cannon Road 0014610-7550 $(AMOUNT) Carisbad Boulevard Carisbad Village Drive College Boulevard El Camino Real Faraday Avenue La Costa Avenue Melrose Drive Palomar Airport Road Paseo Del Norte Poinsettia Lane Rancho Santa Fe Road/Olivenhain Road Non-Arterial Roads (Inclusive) TOTAL MONTHLY COST $(AMOUNT) Invoice # - Undeveloped Parks: Location Account Number Monthly Cost 0014610-7550 $(AMOUNT) Cannon Lake Park (w/ NTP) Robertson Ranch Park Veterans Memorial Park Zone 5 Park TOTAL MONTHLY COST $(AMOUNT) Invoice # - Urban Forest: Location Account Number Monthly Cost Batiquitos Drive Slopes Hosp Grove Forest Woodbine Banks 0014610-7550 $(AMOUNT) TOTAL MONTHLY COST $(AMOUNT) Invoice # - Trailheads/Planters: Location Account Number Monthly Cost Calavera Hills Trailhead 0014620-7550 $(AMOUNT) Coastal Rail Trailheads/Planters Hosp Grove Trailheads 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 CONTFiACTOR'S billing. Invoices for extra work shall be submitted on separate invoices. Unless othenwise 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 136 outside ofthe 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. 131^ 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. 131 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 CONTf^CTOR, 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. V 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 of the sites under this 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. 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 for the general duties of the 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 forwarded 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 mo 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. 141 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 ofthe 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 quarterly 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 supervision 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 1H3 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. CONTfRACTOR 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 ofthe 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 ofthe 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.CO., 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 14 testing) with the date, an itemized list ofthe service provided and the name and signature of the 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 D Passive Parks and Facilities Landscape PART I - GENERAL SPECIFICATIONS I. 0 REQUIRED CERTIFICATES/LICENSES 2.0 PASSIVE PARKS AND FACILITIES LANDSCAPES TO BE MAINTAINED PART II - TECHNICAL SPECIFICATIONS 3.0 MOWING 4.0 TURF AND GROUNDCOVER EDGING 5.0 AERIFICATION 6.0 RENOVATION 7.0 WATER AND IRRIGATION 8.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING 9.0 FERTILIZATION 10.0 WEED CONTROL II. 0 TREE, SHRUB AND GROUNDCOVER 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 MAINTENANCE MINIMUM FREQUENCIES H 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 PASSIVE PARKS AND FACILITIES LANDSCAPES TO BE MAINTAINED 2.01 The passive parks and facility landscapes to be maintained under the provisions of this CONTRACT are located at: Passive Parks Approximate Acres Location Name Address 4.0 Cadencia Park 3310 Cadencia Street 1.7 Cannon Park 100 Cannon Road .5 Calavera Schoolhouse Comm. Garden * (w/ 2997 Glassgow Drive 6.0 Holiday Park 3300 Pio Pico Drive 1.3 Harold E. Smerdu Comm. Garden* (w/ NTP) 1250 Laguna Drive 9.3 Hidden Canyon Park (Inc. A.D.L. Dog Park) 2685 Vancouver Street 27.1 Hosp Grove Park Jefferson Street & Marron Road 5.8 La Costa Canyon Park 3018 Pueblo Street 4.2 Laguna Riviera Park 4900 Park Drive 10.8 Leo Carrillo Ranch Historic Park (w/ NTP) 6200 Flying L.C. Lane 2.1 Magee Park 258 Beech Avenue .9 Maxton Brown Park 500 Laguna Drive .2 Oak Park Pio Pico Drive & Oak Avenue 8.8 Frazee/Tamarack Beach - Seawall & East Carlsbad Bl, Ocean St to .8 Pio Pico Park 2600 Pio Pico Drive 3.4 Skate Park 2560 Orion Way 86.9 Subtotal Passive Parks Approximate Acres 1% Facilities Landscapes Approximate Acres Location Name Address .5 Arts Office 2955 Elmwood Avenue 2.0 City Hall 1200 Carlsbad Village Drive 4.0 City Administration Building 1635 Faraday Avenue 2.0 Dove Library 1775 Dove Lane 9.0 Farmers' Insurance Building 5815 El Camino Real 2.3 Fire Station #3 ** (w/ NTP) 3465 Trailblazer Way 1.1 Fire Station #5 2540 Orion Way 1.0 Harding Community Center 3096 Harding Street 3.3 Hawthorne Property Next to 2705 Las Palmas Drive 2.0 Las Palmas Building 2075 Las Palmas Drive .5 Learning Center 3368 Eureka Place .7 Maintenance & Operations Building 5950 El Camino Real 2.0 Monroe Street Pool 3401 Monroe Street 2.2 Parks Administration Building 1166 Carisbad Village Drive 15.0 Safety Center / Fleet Maintenance Building 2560 Orion Way 2.0 Senior Center 799 Pine Avenue .4 Streets & Facilities Maintenance Building 405 Oak Avenue 51.2 Subtotal Facilities Landscapes Approximate Acres 138.1 TOTAL ACRES (PASSIVE PARKS & FACILITIES LANDSCAPES) Dimensions listed are for estimating purposes only. Investigation & measurement is up to CONTRACTOR. * CONTRACTOR is to account for maintenance ofthe common areas (e.g., frontage planters, parking lots, drive and walk aisles, picnic and kiosk section, cut vegetation bin) ofthe Harold E. Smerdu Community Garden and the Calavera Schoolhouse Community Garden. Gardeners under lease with CITY are responsible for maintenance of their own individual gardening plots. A committee of these gardeners will also periodically assist with the maintenance of the above referenced common areas. ** Fire Station #3 site is currently under construction. CONTRACTOR is to account for maintenance services of the site, based on the landscape plans. 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 properiy 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: inch - 1 inch. B. Cool season turf including bluegrass, perennial rye and fescues: 1 Vz 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 GROUNDCOVER 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. 150 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 Vz the normal mow height and a minimum of % the normal mow height. All clippings shall be removed. 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. B. Turf areas shall be aerified as specified in Section 5.00 AERIFICATION. C. 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. D. 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 of the 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 approval of CITY. 153 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/$6,000 per year, 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, etc., master valves) 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. 191 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 23.00, 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) City 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. 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 the beach upper facilities areas, noticing of all chemical applications shall be in accordance with all provisions of the CITY'S Right of Entry Permit with the State of California. 55 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 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 of trees 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 23.00. 11.03 All trimming and tree tying shall conform 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 allowed 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 23.00. 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. 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 according to the frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00. 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. IS I 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 23.00. 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, and vacant pad 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 oftrees 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 CONTF^CTOR shall pay the actual cost of mulch material(s) and delivery to CITY designated stockpile site(s). CONTRACTOR shall supply, at its expense, all equipment and labor required to move mulch from the stock-pile site(s) and to place mulch in required areas. CONTRACTOR shall only take that amount of mulch need to perform the Services herein. CONTRACTOR shall not independently store or stockpile mulch which is intended for 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 removed and stock-pile site is left clean and level, 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 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 CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR underthis CONTRACT which fail to establish, grow, live and remain in healthy condition, regardless ofthe reason for said failure, as follows: A. All trees shall be guaranteed for one year from the date of acceptance of the job by CITY. B. All shrubs and ground covers shall be guaranteed for ninety (90) days from the date of acceptance of the job by CITY. 15.00 LITTER. 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 to be maintained. 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 within two (2) hours upon observation. 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 during election seasons) as needed, but at minimum, once daily. 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. yo 16.02 Proposed treated areas 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 one (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 23.00 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 materials recycling facility, as applicable. The cost to 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 23.00. 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 Sweep hard surface areas, parking lot comers, walkways, steps, picnic hard surface areas, and hard court areas according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00. 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 23.00. 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 required. 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 in the MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00. Deficiencies which are CONTRACTOR'S responsibility 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 23.00. 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 23.00. 21.05 Barbecues shall be cleaned as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00. 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 23.00. 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 for approval by CITY 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 in 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 a 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 by CONTRATOR. 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 backboards and rims, shall be washed at CITY'S direction. 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 'J as needed, but at minimum once 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 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 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: Irriqation Mamtenance Testing 2 Turf Maintenance Mowing/Edging 8 Weed Control 2 Clipping Removal 8 Fertilize 6 Aerate/Thatch 7 Pest Control 8 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 (Incl. ash/charcoal, food, etc.) 1 Drinking Fountain Maintenance 1 Facilities & Eguipment Maintenance Damaged Bollards, Rails, & Fencing Repair/Replace. 8 Tot lots Cleared of weeds, debris, and foreign objects 1 Raked 1 Tot lots Tilled 4 Inspections 1 Washing Picnic Tables and Benches 1 Cleaning Barbecues 1 Volleyball, Tennis and Basketball Courts 1 daily 1 weekly 2 bi-weekly 3 monthly 4 bi-monthly 5 quarterly 6 semi-annually 7 as needed 8 IU5 Work Category E Streetscapes, Medians, and Parkways PART I - GENERAL SPECIFICATIONS I. 0 STREETSCAPES, MEDIANS, AND PARKWAYS TO BE MAINTAINED PART II - TECHNICAL SPECIFICATIONS 2.0 MOWING 3.0 TURF AND GROUNDCOVER EDGING 4.0 AERIFICATION 5.0 RENOVATION 6.0 WATER AND IRRIGATION 7.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING 8.0 FERTILIZATION 9.0 WEED CONTROL 10.0 TREE, SHRUB AND GROUNDCOVER MAINTENANCE II. 0 MULCHING 12.0 DISEASE AND PEST CONTROL 13.0 PLANT MATERIALS 14.0 LITTER, LEAF, AND DEBRIS CONTROL 15.0 TURF RESEEDING/RESTORATION 16.0 TRASH RECEPTACLES 17.0 TRASH AND GREEN WASTE DISPOSAL 18.0 SWEEPING/WASHING HARD SURFACES 19.0 DRINKING FOUNTAIN MAINTENANCE 20.0 FACILITIES AND EQUIPMENT MAINTENANCE 21.0 MAINTENANCE MINIMUM FREQUENCIES PARTI GENERAL SPECIFICATIONS 1.00 STREETSCAPES. MEDIANS. AND PARKWAYS TO BE MAINTAINED 1.01 The streetscapes, medians, and parkways to be maintained under the provisions of this CONTRACT are located at the following areas: Streetscapes Site Name Location Address Downtown Public Rights of Way 1. Bounded by 1-5 Freeway, to the East, Ocean Street to the West, Oak Avenue to the South, and Laguna Drive to the North Downtown Public Parking Lots 1. Washington Street 2. Garfield Street 3. Roosevelt Street 4. State Street 5. Carisbad Village Drive Carisbad Blvd. Public Rights of 1. Pine Avenue to Tamarack Avenue CEasf side) Wav 2. Tamarack Avenue to Cannon Road (Both Downtown Beach Accesses 1. Carisbad Village Drive 2. Grand Avenue 3. Christiansen Way 4. Beech Avenue 5. Mountain View Drive Palomar Airport Road Triangle 1. Carisbad Boulevard. Intersection Melrose Drive Triangle 1. Rancho Santa Fe Road (NW Comer) 13 Subtotal Acres Medians (* Oeslanates Non-Arterial Roads) Site Name Location Address Alga Road 1. Mimosa Drive to Melrose Drive Altisma Way* 1. Alicante Road to Caringa Way Avenida Encinas* 1. Palomar Airport Road to Cannon Road 2. Poinsettia Lane to crib wall Aviara Parkway 1. Palomar Airport Road to Poinsettia Lane Bienvenida Circle* 1. End of cul de sac Calle Barcelona* 1. At Eastern intersection of Woodfem Lane Cannon Road 1. 1-5 to Cannon Road 2. At R/R Crossing Carisbad Boulevard 1. Cannon Road to Northern limits of City 2. Breakwater Road to Ponto Drive Carisbad Village Drive 1. Carisbad Boulevard to Pio Pico Drive 2. Tamarack Avenue to College Boulevard 3. El Camino Real to Avenida De Anita Chestnut Avenue* 1. Celinda Drive to El Camino Real I lei- 3. El Camino Real to Avenida De Anita Chestnut Avenue* 1. Celinda Drive to El Camino Real College Boulevard 1. Palomar Airport Road to Aston Avenue 2. Cannon Road to Northern limits of City El Camino Real 1. Highway 78 to Southern limits of City 2. Chestnut Avenue to Tamarack Avenue Faraday Avenue 1. Cannon Road to Camino Hills Drive 2. At Western intersection Orion Street Grand Avenue* 1. Carlsbad Boulevard to Roosevelt Street Jefferson Street* 1. Marron Road Intersection La Costa Avenue 1. El Camino Real to 1-5 Freeway 2. At southern intersection of Rancho Santa Fe Road Las Flores Drive* 1. Las Flores Dr. at Elmwood Street Madison Street* 1. Grand Avenue to Carlsbad Village Drive Melrose Drive 1. Rancho Santa Fe Road to Lionshead Avenue Mountain View Drive* 1. Ocean Street. Intersection Palomar Airport Road 1. 1-5 to Business Park Drive Paseo Del Norte 1. Cannon Road to Palomar Airport Road Poinsettia Lane 1. Carisbad Boulevard to Ambrosia Lane 2. Mica Road to Melrose Drive Rancho Santa Fe Rd./Olivenhaii 1. Olivenhain Road to Calle Acervo Rd. 2. El Camino Real to La Costa Avenue 3. San Elijo Road to Melrose Roosevelt Street* 1. Carisbad Village Drive to Grand Avenue Tamarack Avenue* 1. Jefferson Street to Linmar Lane 2. At R/R Crossing 65 Subtotal Acres Parkwavs Site Name Location Address Acacia Avenue* Adams* 1. 2. Alga Road (undeveloped areas 1. only) Arenal Road" 2. 1. End of cul-de-sac (Around and in front of street barrier at end of street) Hoover Street CEasf side - 3 foot width) Behind 3350 Cove Drive to Park Drive (South side - 3 foot width) Alicante Road to El Fuerte Street (Both sides - 2 feet in from gutter line where there is no sidewalk and 6 feet in from gutter line where there is sidewalk.) Paseo Abrazo to Xana Way (South side - 3 foot width) El Camino Real to Columbine Drive (Both sides -10 foot width) Alicante Street* Altisma Way* Altiva Place* Avenida Encinas* Batiquitos Drive* Calle Barcelona* Camino de los Coches* Cannon Road (undeveloped areas only) Canyon Road* Carisbad Boulevard Carisbad Village Drive 1. Altisma Way and Altiva Place (North side - 1 foot width) 1. 2404 Altisma Way to Alicante Street (East side - 1 foot width) 1. 7435 Altiva Place to Alicante Street (West side - 1 foot width) 1. Longberry Drive to Windsor Circle (NE side - 3 foot width, including crib wall) 2. North of 5850 Avenida Encinas north to chain link fence CEasf side - 1 foot width) 3. Palomar Airport Road south to NCTD train station (West side - 2 foot width) 1. North and south of Poppy Lane CEasf side -10 foot width) 2. Poinsettia Avenue south to HOA landscaped area at Gabbiano Lane (West side - 2 foot width) 1. Woodfern Lane to "Leaving Carlsbad" sign (West side - 6 feet in from gutter-line) 1. South of La Costa Avenue to HOA landscape CEasf side - 2 feet back from sidewalk) 1. Car Country Drive to Grand Pacific Drive [South side - 2 feet in from gutter line where there is no sidewalk, and 6 feet in from gutter line where there is sidewalk) 2. Strawberry Fields to El Camino Real (North side - 2 feet in from gutter line where there is no sidewalk; 6 feet in from gutter line where sidewalk) 3. Cannon Lake to R.R. tracks (South side - 20 foot width) 1. End of cul de sac (Entire access) 1. Corner of Breakwater Drive CEasf side -15 foot width) 2. Buena Vista Lagoon bridge to Laguna Drive (Both sides - 2 feet in from gutter line) 3. Palomar Airport Road to La Costa Avenue (Both sides - 2 feet in from gutter line) 4. Pine Avenue to inlet at Agua Hedionda Lagoon (West side - 1 foot back from metal fence/sidewalk) 5. Behind 5020 Tierra del Oro Street to behind 5040 Tierra del Oro Street CEasf side - 3 foot width) 6. Tierra del Oro north to end of sidewalk (West side - back of sidewalk to block wall) 7. Island Way south to behind 6503 Surfside Lane CEasf side - back of curb to block wall) 1. Highland Drive to Valley Street (South side - 3 foot width) Chestnut Avenue* College Boulevard Cougar Drive* Daisy Avenue* El Camino Real 2. Pontiac Drive to Victoria Avenue (South side - 3 foot width) 3. Dog Park through Concord Street Intersect (North side - 3 foot width) 4. Donna Drive to Celinda Drive (South side - gutter line to wall) 5. Donna Drive to Rising Glen Apartments entry (North side - 6 feet in from gutter line) 6. Santa Clara Way to Pontiac Drive (South side - 2 foot width) 7. Undeveloped area east of Concord to trail entrance / Eucalyptus trees (North side - 3 foo width) 8. Fire Station 1 parking lot east to maintained landscape (South side - 3 foot width) 1. Highland Drive to El Camino Real (South side - fo fence) 2. Celinda Drive to Seaview Way (North side undeveloped areas - 3 foot width) 1. El Camino Real east to Sunny Creek Road (North side - 2 foot width) 2. Palomar Point Way south to developed areas (Both sides - 1 foot width) 1. North east corner dirt of El Camino Real east to HOA landscape (Corner and North side - 3 foot width) 1. Behind 902 Orchid Way to Primrose Way (South side - 1 foot width) 1. Carisbad Village Drive to Tamarack Avenue (Both sides - 6 feet in from gutter line) 2. Alga Road to bridge (West side - 6 feef in from gutter line) 3. Alga Road to Arenal Lane CEasf side - 2 feet in from gutter line) 4. Poinsettia Lane to Cassia Road (6off7 sides - 6 feet in from gutter line) 5. Tamarack Avenue to Chestnut Avenue CEasf side - 2 foot width) 6. South of Crestview Drive to Cannon Road (West side - back of sidewalk to chain link fence) 7. College Boulevard to Jackspar Drive (West side - 3 foot width) 8. College Boulevard to Rancho Carisbad Golf Course CEasf side - 3 foot width) MO El Fuerte Street* Estrella de Mar* Faraday Avenue Franciscan Road* Haymar Dr.* (West of College Blvd.) Hemlock Avenue* Hidden Valley Road' Jefferson Street* Juniper Avenue* La Costa Avenue Levante Street* Longview Drive* Manzanita Street* Manzano Drive* Marron Road* 9. Aviara Parkway to Arenal Road (West side - 3 foot width) Arenal to La Costa Avenue (West side - 6 feef back of curb; 3 feet back oi sidewalk) Costa Alta Street to La Costa Elementary CEasf side - 6 feet in from gutter line) Choriito Street north to maintained landscape (South side - 1 foot width) Condo landscape, south to first home (West side - 2 feet in from gutter line) Pacifico Road south to 7243 Estrella de Mar (curb to chain link fence) Whitman Way to Carisbad Research Center CEasf side - 6 feet in from gutter line) Entrance at end of cul-de-sac to Poinsettia NCTD train station (Both sides of walkway - 1 foot width) El Camino Real to end of cul-de-sac (North side - 3 foot width) (South side - 3 foof width commencing at end of shopping center) End of cul-de-sac (Around and in front of street barrier at end of street) 6005 Hidden Valley Road to Turnstone Road (South side - 3 foot width) Bridge over 1-5 Freeway, to Marron Road (Both sides - 2 feet in from gutter line) End of cul-de-sac (Around and in front of street barrier at end of street) 1-5 to El Camino Real (Both sides - 6 foot width) Anillo Way to Escenico Terrace CEasf side - 6 feet in from gutter line) Caminito Monarca to Reposado Drive (West side - 6 feet in from gutter line) Empty lot next to 3028 Levante Street (Back of sidewalk to chain link fence) Chestnut Avenue to end of cul-de-sac (West side - 2 foot width) 1850 Tule Court north to start of maintained landscape C^ foot width) Carisbad Boulevard east to end of street (South side - 2 foot width) Monroe Avenue to bank parking lot ni Melrose Drive Monroe Street* Palomar Airport Road Park Drive* Paseo del Norte Pio Pico Drive* (undeveloped areas only) Poinsettia Lane Polly Lane* Ponto Drive* 1. 1. 2. 1. 1. 1. 2. 3. 1. 1. 2. Rancho Santa Fe Rd./Olivenhaii 1. Rd. 2. 3. 4. 5. (South side - 8 feet in from gutter line) Corintia Street to Rancho Santa Fe Road (Both sides, including NW corner of Corintia Street) Carisbad Village Drive north to HOA property/tract entrance Cl^esf side - 3 foot width) 24 Hour Fitness to Camino Vida Roble (South side - 6 feet in from gutter line) South west corner and South east corner of Highland Drive C3 foof width - 30 foot length ot each corner) Next to scoped areas and block retaining wall, south of Bruce Road C^asf side - 1 foot width) Next to open space 6130 Paseo del Norte south to apartment complex CEasf side - 3 fooi width) Las Flores Drive to Tamarack Avenue (West side - gutter line to fence) Batiquitos Drive to Sumac Lane (South side - fo fence) Avenida Encinas to railroad tracks (South side - fo fence) Aviara Parkway to end of sidewalk (South side - 6 feet in from gutter line) Tamarack Avenue to end of street (West side - 3 foot width) Avenida Encinas, north to end of Street where development begins (Both sides - 2 foot widths Breakwater north to end of Street in front of Lanakai Mobile Home Park (Both sides - 2 foo width) La Costa Avenue to Paseo Lupino (West side - to bottom of slope) Melrose Drive to old San Elijo Road CSoffJ sides, including NE corner to La Costa Meadows Drive and SW corner of Melrose Drive) OMWD office to Avenida La Cima (West side - 6 feet in from gutter line) La Costa Avenue to Camino Junipero CEasf side - 2 feef in from gutter line) Northern entrance to Fire Station 6 south to HOA landscaping {West side - 2 feet back from sidewallc; up to chain link fencing) Tamarack Avenue* Vancouver Street* 6. North of Camino Junipero/HOA landscaping to Avenida Soledad CEasf side - 2 feet back from sidewalk; up to chain link fencing) 7. Undeveloped area at Olivenhain Road to Las Olas Court (West side - 2 feet from sidewalk) 8. Avenida Aragon to Camino de los Coches CEasf side - 2 feet from sidewalk) 9. South east corner of La Costa Avenue CSoff? sides of corner- 3 feet from sidewalk) 1. Jefferson Street to Linmar Lane (North side - to fence) 2. Skyline Road to High Ridge Avenue (Both sides - 20 foot width, including crib walls) 3. Coastal Rail Trail Entrance (NE comer- 10 foot width) 4. El Camino Real to Edinburgh Drive (South side - 6 feet in from gutter line) 1. Intersection of Concord Street (North side - 3 foof width) Washington Street* 1. Pine Avenue to Chestnut Avenue CEasf side - 3 foof width) 8 Subtotal Acres 86.0 TOTAL ACRES (STREETSCAPES, MEDIANS, AND PARKWAYS) Dimensions listed are for estimating purposes only. Investigation & measurement is up to CONTRACTOR. * Non-Arterial Road ** Faraday Avenue Medians site is currently under construction. CONTRACTOR is to account for maintenance services of the site, based on the landscape plans. 1.02 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 time of CONTRACT award, and agrees to make no demands upon CITY for any improvements or alterations thereof. PART II TECHNICAL SPECIFICATIONS 2.00 MOWING 2.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain. 2.02 Turf shall be mowed with a mower appropriate to the particular turf type being mowed. Equipment shall be properly maintained, clean, adjusted, and sharpened. 2.03 All mowing equipment shall be thoroughly washed following each mowing operation and prior to being transported to any other site. 2.04 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 Vz inches - 2 inches. C. Kikuyu: 3/4 inch - 1 % inches. 2.05 Mowing operations shall be scheduled Monday through Friday. 2.06 Walkways shall be cleaned immediately following each mowing. 2.07 Mowing operations shall be scheduled at times of low public use. 2.08 Frequency of mowing shall be as often as needed to satisfy above provisions. 3.00 TURF AND GROUNDCOVER EDGING 3.01 All turf edges shall be kept neatly edged. All grass invasions into adjacent areas shall be eliminated. 3.02 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. 3.03 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. 115 3.04 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. 3.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. 3.06 Walkways shall be cleaned immediately following each edging. 3.07 Frequency of mechanical edging of turf shall be as often as needed to satisfy the above provisions. 3.08 Frequency of ground cover edging shall be as often as needed to satisfy the above provisions, but at a minimum weekly. 4.00 AERIFICATION 4.01 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. 4.02 CONTRACTOR shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation. 4.03 Remove or shred cores so that they are not unsightly or a nuisance. 4.04 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. 4.05 Aerification of turf areas shall be as often as needed to ensure top quality, healthy, and lush turf, but at minimum semi-annually. 5.00 RENOVATION 5.01 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 Vz the normal mow height and a minimum of VA the normal mow heighL All clippings shall be removed. B. Turf shall be dethatched with a power dethatcher (vertical cutter), with the blades penetrating the soil approximately Vz inch. 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 4.00 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 15.00 TURF RESEEDING / RESTORATION. E. Turf areas shall be fertilized as specified in Section 8.00 FERTILIZATION. 5.02 If CONTRACTOR feels that supplemental renovation is needed, he shall notify CITY prior to proceeding. 6.00 WATERING AND IRRIGATION 6.01 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. 6.02 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 of the irrigation systems. 6.03 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. 6.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. 6.05 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. 6.06 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. 6.07 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours. 6.08 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. 6.09 No irrigation shall be done during periods of measurable rain without prior written approval of CITY. rn 6.10 CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 7.00 IRRIGATION MAINTENANCE. REPAIR AND TESTING 7.01 CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $500 per month/$6,000 per year, with CITY'S approval. 7.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts, heads, or other equipment replacements, as described in Section 7.01) 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, etc., master valves) 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 7.03 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. 7.04 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. 7.05 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. 7.06 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. ! 0 7.07 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. 7.08 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 of the noted deficiency and make needed repairs. 7.09 CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. 7.10 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. 7.11 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. 7.12 In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 7.13 CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. 7.14 All valve boxes shall be identified with heat-branded markings. 7.15 CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads. rn 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. 7.16 Frequencies of irrigation testing shall be weekly or more frequently if problems or conditions indicate a need. 8.00 FERTILIZATION 8.01 Products and rates of application shall be determined by CITY. 8.02 CONTRACTOR shall include scheduling of fertilizations on an annual calendar, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00, and for school sites, noticing in accordance with all provisions of the Safe Schools Act. 8.03 CONTRACTOR shall give written notice to CITY at least three (3) City business days in advance of fertilizer application at a given site. 8.04 CONTRACTOR shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall be retained on the site for CITY'S inspection and shall be removed promptly following inspection. 8.05 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. 8.06 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. 9.00 WEED CONTROL 9.01 All areas shall receive diligent control of weeds by employing all industry- recognized, legal methods, as approved by CITY. 9.02 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. 9.03 For sites adjacent to schools, noticing of all chemical applications shall be in accordance with all provisions of the Safe Schools Act. 9.04 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 business days prior to spraying. 9.05 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. 9.06 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. 9.07 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. 9.08 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. 9.09 Pre-emergent herbicide applications shall be made annually, and as required for optimum control of target weeds. 10.00 TREE. SHRUB AND GROUNDCOVER MAINTENANCE 10.01 CONTRACTOR is responsible for tree work within fifteen (15) feet of the ground. 10.02 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 21.00. 10.03 All trimming and tree tying shall conform to I.S.A Standards. CONTRACTOR shall not allow any tree to be topped. 10.04 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 allowed 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. 10.05 Shearing: Only hedge plants shall be sheared. These plants may also require additional thinning to maintain a healthy condition. 10.06 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 21.00. 10.07 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. 10.08 Where needed tree stakes, [two (2) per tree] shall be pentachlorophenol treated lodge pole pine. Stakes shall be placed 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 as approved by CITY. 10.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 10.10 Periodic staking and tying shall be done as needed. 10.11 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. 10.12 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. 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 21.00. D. Groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like. 10.13 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. 10.14 All trimming and debris shall be removed and properly disposed of immediately. 10.15 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 FREQUENCY table in Section 21.00. 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. 11.00 MULCHING 11.01 A minimum three (3) inch layer of approved mulch shall be maintained by CONTRACTOR in all tree, shrub, groundcover, dog park, and vacant pad 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. 11.02 All areas to receive mulch shall be free of weeds prior to mulching. 11.03 Mulch shall be maintained free of litter and foreign matter. 11.04 CONTRACTOR shall replenish mulch as required to maintain specified conditions. 11.05 CONTRACTOR shall pay the actual cost of mulch material(s) and delivery to CITY designated stockpile site(s). CONTRACTOR shall supply, at its expense, all equipment and labor required to move mulch from the stock-pile site(s) and to place mulch in required areas. CONTRACTOR shall only take that amount of mulch need to perform the Services herein. CONTRACTOR shall not independently store or stockpile mulch which is intended for the Services herein. 11.06 CONTRACTOR shall submit specifications for mulch type(s) indicating material included in mixture, admixtures, or additives for approval by CITY. CONTf^CTOR shall indicate in this submittal the actual delivered cost of mulch type(s) to the designated stockpile site. 11.07 Mulching operation shall be accomplished in a timely manner, so that all material is removed and stock-pile site is left clean and level, 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. 12.00 DISEASE AND PEST CONTROL 12.01 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. 12.02 CITY shall be notified immediately of any disease, insects or unusual conditions that might develop. 12.03 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. 12.04 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. 12.05 Gophers and other rodents shall be eliminated by only appropriate, legal exterminating techniques (traps, poison, etc.), approved by CITY. 12.06 CONTRACTOR shall collect dead animals and communicate with applicable county/state agencies on disposal. 12.07 Frequency of disease and pest control operations shall be as needed to satisfy above provisions. 13.00 PLANT MATERIALS 13.01 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. 13.02 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. 13.03 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. 13.04 Plant Materials Guarantee A. CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain in healthy condition, regardless ofthe reason for said failure, as follows: B. All trees shall be guaranteed for one year from the date of acceptance of the job by CITY. C. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by CITY. 1^^ 14.00 LITTER. LEAF. AND DEBRIS CONTROL 14.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated debris as needed, but at minimum once daily, from all areas to be maintained. 14.02 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. 14.03 Accumulation of leaves and debris shall be removed as needed, from all landscaped areas except as specifically directed by CITY. 14.04 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. 14.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be CONTRACTOR'S responsibility. 14.06 Removal of stickers and graffiti shall be conducted within two (2) hours of observation. 14.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal. 14.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. (excluding political/campaign signs during election seasons) as needed, but at minimum, once daily. 15.00 TURF RESEEDING/RESTORATION 15.01 Damaged, vandalized, bare, or thin turf areas shall be overseeded, plugged, or sodded as often as required by CITY, to re-establish turf to an acceptable quality. 15.02 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. 15.03 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. 15.04 Repaired areas shall receive supplemental water by hand, controller cycle, or portable sprinkler as needed to establish turf. 16.00 TRASH RECEPTACLES 16.01 All exterior trash receptacles shall be checked at least daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00 and emptied whenever more than 1/2 full, and as needed to prevent objectionable odors or other unsanitary conditions. 16.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed each time a receptacle liner is emptied. 16.03 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. 16.04 Receptacles and related appurtenances shall be cleaned as needed to avoid stains, concentrations of insects, odors, etc. 16.05 Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if displaced. 16.06 Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered with lids that are provided 16.07 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 properiy by CONTRACTOR. 17.00 TRASH AND GREEN WASTE DISPOSAL 17.01 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 materials recycling center, as applicable. The cost to dispose of said trash, green waste and accumulated debris will be at CONTRACTOR'S own expense. 18.00 SWEEPING/WASHING HARD SURFACES 18.01 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 21.00. 18.02 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. 18.03 Blowers used in performance of this CONTf^CT shall be low-noise type equipment rated at or below 65 decibel level. 18.04 Sweep hard surface areas, parking lot corners, walkways, steps, picnic hard surface areas, and hard court areas according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 19.00 DRINKING FOUNTAIN MAINTENANCE 19.01 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 21.00. 19.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be unclogged using a plunger shall immediately be reported to CITY. 19.03 Water supply to a leaking fixture shall be shut off when it is required. 20.00 FACILITIES AND EQUIPMENT MAINTENANCE 20.01 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. 20.02 CONTRACTOR shall inspect all benches, slabs, trash/recycling receptacles, and the like as needed, but at minimum daily, according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. Deficiencies which are CONTRACTOR'S responsibility shall be corrected immediately. Any other deficiency shall be reported to CITY immediately. 20.03 Garbage and leftover food in and around benches, slabs, trash/recycling receptacles, and the like shall be removed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 20.04 Benches, slabs, trash/recycling receptacles, and the like shall be cleaned as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 20.05 Trash/recycling receptacles shall be cleaned as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 20.06 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 m as needed, but at minimum once daily. The maker and type of dog waste bags shall be at the approval of, and at no additional cost to, CITY. 20.07 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. 21.00 MAINTENANCE MINIMUM FREQUENCIES As a non-inclusive table of tasks required underthis 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 Pest Control 8 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 food, etc.) 1 Drinking Fountain Maintenance 1 Facilities & Equipment Maintenance Damaged Bollards, Rails, & Fencing Repair/Replace. 8 Cleaning Benches and Slabs 1 Cleaning Trash/Recycling Receptacles 1 Dog Waste Bag Station Stocking and Cleaning 1 daily 1 weekly 2 bi-weekly 3 monthly 4 bi-monthly 5 quarterly 6 semi-annually 7 as needed 8 I'b^! Work Category F Undeveloped Park Sites, Urban Forests, and Trailheads/Planters PART I - GENERAL SPECIFICATIONS I. 0 UNDEVELOPED PARK SITES, URBAN FORESTS, AND TRAILHEADS/PLANTERS TO BE MAINTAINED PART II - TECHNICAL SPECIFICATIONS 2.0 GROUNDCOVER EDGING - TRAILHEADS/PLANTERS 3.0 WATERING AND IRRIGATION - TRAILSHEADS/PLANTERS 4.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING - TRAILSHEADS/PLANTERS 5.0 FERTILIZATION - TRAILHEADS/PLANTERS 6.0 WEED CONTROL - TRAILHEADS/PLANTERS 7.0 TREE, SHRUB AND GROUNDCOVER MAINTENANCE - TRAILHEADS/PLANTERS 8.0 MULCHING-TRAILHEADS/PLANTERS 9.0 DISEASE AND PEST CONTROL - TRAILHEADS/PLANTERS 10.0 PLANT MATERIALS - TRAILHEADS/PLANTERS II. 0 LITTER, LEAF, AND DEBRIS CONTROL - TRAILHEADS/PLANTERS 12.0 TRASH RECEPTACLES - TRAILHEADS/PLANTERS 13.0 TRASH AND GREEN WASTE DISPOSAL - TRAILHEADS/PLANTERS 14.0 SWEEPING/WASHING HARD SURFACES - TRAILHEADS/PLANTERS 15.0 DRINKING FOUNTAIN MAINTENANCE -TRAILHEADS/PLANTERS 16.0 FACILITIES AND EQUIPMENT MAINTENANCE - TRAILHEADS 17.0 GROUNDS MAINTENANCE - UNDEVELOPED PARK SITES AND URBAN FORESTS 18.0 TREE AND SHRUB MAINTENANCE - URBAN FORESTS 19.0 GROUNDS MAINTENANCE - TRAILS AT TRAILHEADS/CRT PLANTERS 20.0 MAINTENANCE MINIMUM FREQUENCIES PART I GENERAL SPECIFICATIONS 1.00 UNDEVELOPED PARK SITES, URBAN FORESTS. AND TRAILHEADS/PLANTERS TO BE MAINTAINED 1.01 The undeveloped park sites, urban forests, and trails to be maintained under the provisions of this CONTRACT must be in accordance with the Open Space Management Plan and the National Pollution Discharge Elimination System requirements, and in adherence to the Community Forest Management Plan. These areas are in various locations throughout CITY. 1.02 The undeveloped park sites, urban forests, and trails to be maintained under the provisions of this CONTRACT are located at: Undeveloped Park Sites Approximate Acres Location Name Address 6.8 13.0 35.7 12.0 Cannon Lake Park (w/ NTP) Robertson Ranch Park Veterans Memorial Park Zone 5 Park S. side of Cannon Road, E. of RR Cannon Road and Wind Trail Faraday Avenue and Whitman Faraday Avenue and Camino 67.5 Subtotal Undeveloped Park Sites Approximate Acres Urban Forests Approximate Acres Location Name Address 6.3 39.5 11.8 Batiquitos Drive Slopes Hosp Grove Forest Woodbine Banks East side Batiquitos Dr. /Poppy Ln.to Daisy Drive Jefferson Street and Marron East side El Camino Real, Chestnut to Tamarack 57.6 Subtotal Urban Forests Approximate Acres n Trailheads / Planters Approximate Acres Location Name Address .2 Calavera Hills Trailhead Carisbad Village Drive and Peninsula Drive 3.5 Coastal Rail Trailheads and Planters East side of RR Tracks, Tamarack to Oak Avenue 2.6 Hosp Grove Trailhead (#1) Monroe Street - South of Marron Hosp Grove Trailhead (#1) Road 2.5 Hosp Grove Trailhead (#2) Wickham Way - East of Monroe Hosp Grove Trailhead (#2) Street 2.5 Hosp Grove Trailhead (#3) Hosp Way - East of Wintergreen Hosp Grove Trailhead (#3) Avenue 11.3 Subtotal Trailheads / Planters Approximate Acres 136.4 TOTAL AC. (UNDEVELOPED PARK SITES, URBAN FORESTS, TRAILHEADS/PLANTERS) Dimensions listed are for estimating purposes only. Investigation & measurement is up to CONTRACTOR. 1.03 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 2.00 GROUND-COVER EDGING - TRAILHEADS/PLANTERS 2.01 All ground cover shall be kept neatly edged. All ground cover invasions into adjacent areas shall be eliminated. 2.02 String trimmers shall not be used to trim immediately around trees. Groundcover shall be maintained a minimum of one (1) foot from the trunks of trees by use of appropriate chemicals or hand trimming. 2.03 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. 2.04 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. 2.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. 2.06 Walkways shall be cleaned immediately following each edging. 2.07 Frequency of edging of ground cover shall be as often as needed to satisfy the above provisions, but at a minimum weekly. 3.00 WATERING AND IRRIGATION - TRAILHEADS/PLANTERS 3.01 All landscaped 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. 3.02 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. 3.03 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. n3 3.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. 3.05 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. 3.06 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. 3.07 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours. 3.08 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. 3.09 No irrigation shall be done during periods of measurable rain without prior approval of CITY. 3.10 CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 4.00 IRRIGATION MAINTENANCE. REPAIR AND TESTING - TRAILHEADS/PLANTERS 4.01 CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $500 per month/$6,000 per year, with CITY'S approval. 4.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts, heads, or other equipment replacements, as described in Section 4.01) 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, etc, master valves) 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 4.03 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. 4.04 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 landscaping, or if the repair is otherwise deemed urgent by CITY. 4.05 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. 4.06 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. 4.07 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. 4.08 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. 4.09 CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. 4.10 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. 4.11 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. 4.12 In addition to weekly testing by CONTF^CTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 4.13 CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. 4.14 All valve boxes shall be identified with heat-branded markings. 4.15 CONTf^CTOR 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. 4.16 Frequencies of irrigation testing shall be weekly or as needed to ensure proper operation of system. 5.00 FERTILIZATION - TRAILHEADS/PLANTERS 5.01 Products and rates of application shall be determined by CITY. 5.02 CONTRACTOR shall include scheduling of fertilizations on an annual calendar, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 22.00, and for school sites, noticing in accordance with all provisions of the Safe Schools Act. 5.03 CONTRACTOR shall give written notice to CITY at least three (3) City business days in advance of fertilizer application at a given site. 5.04 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. 5.05 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. 5.06 Trees, shrubs and groundcover areas shall be fertilized as often as necessary to ensure top quality, healthy, and lush material but at minimum quarterly. 6.00 WEED CONTROL - TRAILHEADS/PLANTERS 6.01 All areas shall receive diligent control of weeds by employing all industry- recognized, legal methods, as approved by CITY. 6.02 The following areas shall be kept weed free: shrub areas, ground cover beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with ornamental rock or mulch. 6.03 For school sites, noticing of all chemical applications shall be in accordance with all provisions of the Safe Schools Act. 6.04 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 days prior to spraying. 6.05 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. 6.06 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. 6.07 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. 6.08 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. 6.09 Pre-emergent herbicide applications shall be made annually, and as required for optimum control of target weeds. Ill 7.00 TREE. SHRUB AND GROUNDCOVER MAINTENANCE - TRAILHEADS/PLANTERS 7.01 CONTRACTOR is responsible for tree work within fifteen (15) feet of the ground. 7.02 Trimming of trees 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 20.00. 7.03 All trimming and tree tying shall conform to I.S.A Standards, and the specific directions of CITY. CONTRACTOR shall not allow any tree to be topped. 7.04 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 allowed 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. 7.05 Shearing: Only hedge plants shall be sheared. These plants may also require additional thinning to maintain a healthy condition. 7.06 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 20.00. 7.07 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. 7.08 Where needed tree stakes, [two (2) per tree] shall be pentachlorophenol treated lodge pole pine. Stakes shall be placed vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CITY. 7.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 7.10 Periodic staking and tying shall be done as needed. 7.11 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. 7.12 Groundcover life 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 as they develop. 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 20.00. D. Except as specifically directed by CITY, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like. 7.13 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. 7.14 All trimming and debris shall be removed and properly disposed of immediately. 7.15 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 FREQUENCY table in Section 20.00. 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. 8.00 MULCHING - TRAILHEADS/PLANTERS 8.01 A minimum three (3) inch layer of approved mulch shall be maintained by CONTRACTOR in all tree, shrub, groundcover, dog park, and vacant pad 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. 8.02 All areas to receive mulch shall be free of weeds prior to mulching. 8.03 Mulch shall be maintained free of litter and foreign matter. 8.04 CONTRACTOR shall replenish mulch as required to maintain specified conditions. 8.05 CONTRACTOR shall pay the actual cost of mulch material(s) and delivery to CITY designated stockpile site(s). CONTRACTOR shall supply, at its expense, all equipment and labor required to move mulch from the stock-pile site(s) and to place mulch in required areas. CONTRACTOR shall only take that amount of mulch need to perform the Services herein. CONTRACTOR shall not independently store or stockpile mulch which is intended for the Services herein. m 8.06 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. 8.07 Mulching operation shall be accomplished in a timely manner, so that all material is removed and stock-pile site is left clean and level, 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. 9.00 DISEASE AND PEST CONTROL - TRAILHEADS/PLANTERS 9.01 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, and groundcover. 9.02 CITY shall be notified immediately of any disease, insects or unusual conditions that might develop. 9.03 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. 9.04 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. 9.05 Gophers and other rodents shall be eliminated by only appropriate, legal exterminating techniques (traps, poison, etc.), approved by CITY. 9.06 CONTRACTOR shall collect dead animals and communicate with applicable county/state agencies on disposal. 9.07 Frequency of disease and pest control operations shall be as needed to satisfy above provisions. 10.00 PLANT MATERIALS - TRAILHEADS/PLANTERS 10.01 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. 10.02 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. 10.03 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. 10.04 Plant Materials Guarantee CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain in healthy condition, regardless of the reason for said failure, as follows: A. All trees shall be guaranteed for one year from the date of acceptance of the job by CITY. B. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by CITY. 10.05 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. 11.00 LITTER. LEAF. AND DEBRIS CONTROL - TRAILHEADS/PLANTERS 11.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated debris as needed, but at minimum once daily, from all areas to be maintained. 11.02 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. 11.03 Accumulation of leaves and debris shall be removed as needed, from all landscaped areas except as specifically directed by CITY. 11.04 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. 11.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be CONTRACTOR'S responsibility. 11.06 Removal of stickers and graffiti shall be conducted within two (2) hours of observation, but at minimum once daily. 2o 11.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal. 11.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. (excluding political/campaign signs during election seasons) as needed, but at minimum, once daily. 12.00 TRASH RECEPTACLES - TRAILHEADS/PLANTERS 12.01 All exterior trash receptacles shall be checked at least daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00 and emptied whenever more than 1/2 full, and as needed to prevent objectionable odors or other unsanitary conditions. 12.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed each time a receptacle liner is emptied. 12.03 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. 12.04 Receptacles and related appurtenances shall be cleaned as needed to avoid stains, concentrations of insects, odors, etc. 12.05 Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if displaced. 12.06 Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered with lids that are provided 12.07 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 properiy by CONTRACTOR. 13.00 TRASH AND GREEN WASTE DISPOSAL - TRAILHEADS/PLANTERS 13.01 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 materials recycling center, as applicable. The cost to dispose of said trash, green waste and accumulated debris will be at CONTRACTOR'S own expense. 14.00 SWEEPING/WASHING HARD SURFACES - TRAILHEADS/PLANTERS 14.01 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 20.00. 14.02 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. 14.03 Blowers used in performance of this CONTFRACT shall be low-noise type equipment rated at or below 65 decibel level. 14.04 Sweep hard surface areas, parking lot comers, walkways, steps, picnic hard surface areas, and hard court areas according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. 15.00 DRINKING FOUNTAIN MAINTENANCE - TRAILHEADS/PLANTERS 15.01 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 20.00. 15.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be unclogged using a plunger shall immediately be reported to CITY. 15.03 Water supply to a leaking fixture shall be shut off when it is required. 16.00 FACILITIES AND EQUIPMENT MAINTENANCE - TRAILHEADS/PLANTERS 16.01 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. 16.02 CONTRACTOR shall inspect all picnic tables, benches, slabs, trash/recycling receptacles, and the like as needed, but at minimum daily, according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. Deficiencies which are CONTRACTOR'S responsibility shall be corrected immediately. Any other deficiency shall be reported to CITY immediately. 16.03 Ashes, garbage and leftover food in and around picnic facilities shall be removed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. 16.04 Picnic tables, benches, slabs, 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 20.00. 16.05 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 once daily. The maker and type of dog waste bags shall be at the approval of, and at no additional cost to CITY. 16.06 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. 17.00 GROUNDS MAINTENANCE - UNDEVELOPED PARK SITES AND URBAN FORESTS 17.01 CONTRACTOR shall maintain the undeveloped park sites and urban forests to reduce the ongoing fire threat, in accordance with the open space management and storm water protection program. 17.02 CONTRACTOR shall remove all nuisances in the form of dry weeds and may include the removal or modification of ground fuels such as grass, weeds, brush, trees having a diameter at breast height of six (6) inches or less, fallen branches, tree foliage within six feet of the ground. 17.03 The removal of fire hazards or fire nuisances will be accomplished by mowing, hand labor, hauling, or by any combination ofthe aforementioned operations - or other operations approved by CITY - as needed, but at minimum semi- annually. A. Mowing 1. Mowing is the typical method of abatement. Vegetation shall be cut to a height of not more than four (4) inches from the soil surface and laterally, no farther than eighteen (12) inches from property lines and/or structures. Perimeter weeds left standing shall be cut by handwork, mulched or removed from the property. B. Hand Labor 1. Whenever it is impractical by reason of topography, nature of soil, location of trees, shrubbery, buildings, fences, or type of vegetation cover to use a tractor mower, CITY may require removal or thinning of material by means of hand tools. 2. The material cut by hand labor shall be disposed of by mulching, chipping or removal to the nearest recycling center. C. Equipment 1. The primary tractor used for mowing shall be a four wheel drive or a track-layer type. It must be large enough to power the following attachment(s), a double bladed 6' Woods Rotary Cutter type and/or a Brush Hog type mower, an equivalent attachment type may be used if the results are the same. All tractor mowers shall be rubber tired and equipped with safety shields to prevent or reduce the throwing of rocks or other material that could result in injury or damage to persons or property. All tractors shall be equipped with an approved exhaust spark-arrestor, an approved Class "A" fire extinguisher and a shovel. 2. All tractors and equipment shall be operated by qualified cooperative and experienced operators and shall be maintained by CONTRACTOR at its own expense and on its own time. 3. The truck (transport) for hauling the tractor shall meet all vehicle code requirements and shall be capable of safety negotiating all roads to and from job sites. 4. When necessary, in the opinion of CITY, CONTRACTOR shall provide flagmen for safe loading and unloading of equipment, at no expense to CITY. 5. CONTRACTOR shall have available equipment to reduce on-site materials, less than four (4) inches, to mulch or chips. 6. All operators shall be experienced and fully qualified in operating equipment assigned to them in uneven terrain and in adverse conditions. 17.04 CONTRACTOR also performs trash/dumping removal as needed, but at minimum, quarterly. Trash depositing and illegal dumping occur periodically within the undeveloped park sites and urban forests. CONTRACTOR shall, at its expense, abate the conditions by removing and disposing ofthe trash and dumped material at a legal waste collection site, or landscape materials recycling center, as applicable. 17.05 CONTRACTOR shall, at its expense, install and maintain storm water pollution prevention Best Management Practices as needed, but at minimum semi- annually. Storm water pollution prevention devices may include any or all of the following items, specific to the site and at the discretion of CITY: hydro-seeding, pressurized fiber matting, straw wattles, sand/gravel bags, silt fencing, earthen berms, and bio swales. 18.00 TREE AND SHRUB MAINTENANCE - URBAN FORESTS 18.01 It shall be understood that CONTRACTOR will be required to perform and complete the urban forests maintenance Services in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that meets CITY'S requirements. CONTRACTOR will be required to perform the following urban forests maintenance activities at areas throughout CITY; • Tree pruning work within fifteen (15) feet of the ground Tree removal (dead/overcrowded) with a diameter at breast height of six (6) inches or less Emergency response Line clearance pruning Clearance pruning Tree watering Small tree care Root pruning Data entry 18.02 All pruning and tree tying shall conform to I.S.A Standards and the specific directions of CITY. CONTRACTOR shall not allow any tree to be topped. 18.03 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways and at eight (8) feet above sidewalks. Lower branching may be allowed for trees in background and ornamental areas. Prune plant materials where necessary to maintain access and safe vehicular visibility and clearance and to prevent or eliminate hazardous conditions. 18.04 Tree pruning 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. 18.05 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 as approved by CITY. 18.06 Tree ties shall be checked bi-weekly and either retied to prevent girdling or removed along with the stakes when no longer required. 18.07 Periodic staking and tying shall be performed as needed. 18.08 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage shall be addressed upon detection by CONTRACTOR. 18.09 Remove all dead and overcrowded 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. 18.10 All trimmings and debris shall be removed and properly disposed of immediately. 18.11 CONTRACTOR shall replace trees whose trunks are significantly damaged by CONTRACTOR'S personnel with trees of equal size and specie at CONTRACTOR'S expense. 19.00 GROUNDS MAINTENANCE - TRAILS AT TRAILHEADS & ALONG CRT PLANTERS 19.01 Trails shall be inspected for proper maintenance and rehabilitation as needed to ensure safe access to existing trails, but at minimum bi-weekly. 19.02 Eroded damaged trail areas shall be re-graded to base grade - and ruts and rivulets filled-in, as often as needed to re-establish trail surface to an even/smooth finish. The cost of all related materials - including, but not limited to: decomposed granite. Class II road base, asphalt, concrete, and sand/gravel bags - shall be the CONTRACTOR'S responsibility up to $500 per month/$6,000 year. CITY shall provide or reimburse CONTRACTOR for materials that exceed $500 per month/$6,000 per year, with CITY'S approval. 19.03 Weeds, grasses, invasive plants, and other vegetation, shall be cut and removed from trail edge to trail edge, and from trail surface to a minimum height of eight (8) feet, as needed, but at minimum monthly. Widths between trail edges vary from six (3) feet to ten (10) feet. "2 0] 20.00 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 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 Trim 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 ashi, food, etc.) Drinkina Fountain Maintenance 1 Facilities & Equipment Maintenance Damaged Bollards, Rails, & Fencing Repair/Replace. 8 Washing Picnic Tables and Benches 1 Doq Waste Bag Station Stocking and Cleaning 1 Undeveloped Park Site Maintenance Trash and Dumping Removal 6 Mowing and Hand Weed Abatement 7 Urban Forest Pruning/Thinning r;#7;v ^• Trails Inspecting Trails Re-grading 8 Trails Weeds/Grasses/lnvasives/Veg. Removal 4 daily 1 weekly 2 bi-weekly 3 monthly 4 bi-monthly 5 quarterly 6 semi-annually 7 as needed 8 DP?) APPENDIX 'B' to Agreement for Parks Maintenance Services (PWLC1) Contractor's Cost of Services Work Category D - Passive Parks & Facilities Landscapes Item # Description PREVAILING WAGE Item # Description Mo. Subtotal $ Annual Total $ Dl Cadencia Park $619.00 (Monthly) $ 7,428.00 (Extended Amt.) D2 Calavera Schoolhouse Community Garden* (w/ NTP^ $ 87.00 (Monthly) $ 1,044.00 (Extended Amt.) D3 Cannon Park $ 932.00 (Monthly) $ 11,184.00 (Extended Amt.) D4 Car Country Park $317.00 (Monthly) $ 3.804.00 (Extended Amt.) D5 Harold E. Smerdu Community Garden* (w/ NTP^ $ 87.00 (Monthly) $ 1,044.00 (Extended Amt.) D6 Hidden Canyon Park (including A.D.L. Dog Park^ $ 846.00 (Monthly) $ 10.152.00 (Extended Amt.) D7 Holiday Park $7,314.00 (Monthly) $ 87.768.00 (Extended Amt.) D8 Hosp Grove Park $499.00 (Monthly) $ 5,988.00 (Extended Amt.) D9 La Costa Canyon Park $3,421.00 (Monthly) $41,052.00 (Extended Amt.) DIO Laguna Riviera Park $ 1.341.00 (Monthly) $ 16.092.00 (Extended Amt.) D11 Leo Carrillo Ranch Historic Park (w/ NTP) $ 6.933.00 (Monthly) $83,196.00 (Extended Amt.) D12 Magee Park $ 969.00 (Monthly) $ 11.628.00 (Extended Amt.) D13 Maxton Brown Park $ 298.00 (Monthly) $ 3,576.00 (Extended Amt.) D14 Oak Park $87.00 (Monthly) $ 1,044.00 (Extended Amt.) D15 Frazee/Tamarack Beach - Seawall & East $ 3,466.00 (Monthly) $41,592.00 (Extended Amt.) D16 Pio Pico Park $ 87.00 (Monthly) $ 1,044.00 (Extended Amt.) D17 Skate Park $ 520.00 (Monthly) $ 6,240.00 (Extended Amt.) D18 Arts Office $ 87.00 (Monthly) $ 1,044.00 (Extended Amt.) D19 City Hall $ 693.00 (Monthly) $8,316.00 (Extended Amt.) D20 City Administration Building $ 1,386.00 (Monthly) $ 16,632.00 (Extended Amt.) D21 Dove Library $693.00 (Monthly) $8,316.00 (Extended Amt.) D22 Farmers Insurance Building $ 2,080.00 (Monthly) $ 24,960.00 (Extended Amt.) D23 Fire Station #3 (w/NTP) $ 1,386.00 (Monthly) $ 16,632.00 (Extended Amt.) D24 Fire Station #5 $ 1.040.00 (Monthly) $ 12,480.00 (Extended Amt.) D25 Georgina Cole Library $ 693.00 (Monthly) $8,316.00 (Extended Amt.) D26 Harding Community Center $ 347.00 (Monthly) $4,164.00 (Extended Amt.) D27 Hawthorne Property $ 693.00 (Monthly) $8,316.00 (Extended Amt.) D28 Las Palmas Building $ 693.00 (Monthly) $8,316.00 (Extended Amt.) 510 D29 Learning Center $ 693.00 (Monthly) $8,316.00 (Extended Amt.) D30 Maintenance & Operations Building $ 87.00 (Monthly) $ 1,044.00 (Extended Amt.) D31 Monroe Street Pool $ 87.00 (Monthly) $ 1,044.00 (Extended Amt.) D32 Parks Administration Building $ 173.00 (Monthly) $ 2,076.00 (Extended Amt.) D33 Safety Center/Fleet Maintenance Building $ 1,040.00 (Monthly) $ 12,480.00 (Extended Amt.) D34 Senior Center $ 693.00 (Monthly) $8,316.00 (Extended Amt.) D35 Streets & Facilities Maintenance Building $ 87.00 (Monthly) $ 1.044.00 (Extended Amt.) D36 **Extra Work Stipulated Amt. $ 125,000.00 (Annual Amt.) Column Total: $610,688.00 ** Extra Work payments made to CONTRACTOR will be based on CONTRACTOR'S actual work performed for CITY, consistent with the terms and conditions ofthe CONTRACT documents, and may be different from the prices estimated above. Extra Work is not guaranteed. 211 Work Cateqorv E - Streetscapes. Medians & Parkwavs STREETSCAPES Item # Description PREVAI .ING WAGE Item # Description Mo. Subtotal $ Annual Total $ El Downtown Public Rights of Way $ 1,409.00 (Monthly) $ 16.908.00 (Extended Amt.) E2 Downtown Public Parking Lots $2,281.00 (Monthly) $ 27,372.00 (Extended Amt.) E3 Carisbad Blvd. Rights of Way (including upper sea wain $ 2,305.00 (Monthly) $ 27,660.00 (Extended Amt.) E4 Downtown Beach Accesses $ 1,407.00 (Monthly) $ 16,884.00 (Extended Amt.) E5 Palomar Airport Road Triangle $ 336.00 (Monthly) $4,032.00 (Extended Amt.) E6 Melrose Drive Triangle $ 262.00 (Monthly) $3,144.00 (Extended Amt.) MEDIANS E7 Alga Road $ 956.00 (Monthly) $ 11,472.00 (Extended Amt.) E8 Aviara Parkway $421.00 (Monthly) $ 5,052.00 (Extended Amt.) E9 Cannon Road $ 1,052.00 (Monthly) $ 12,624.00 (Extended Amt.) EIO Carisbad Boulevard $ 1.302.00 (Monthly) $ 15,624.00 (Extended Amt.) Ell Carisbad Village Drive $ 364.00 (Monthly) $4,368.00 (Extended Amt.) E12 College Boulevard $ 1,676.00 (Monthly) $20,112.00 (Extended Amt.) E13 El Camino Real $ 4,432.00 (Monthly) $53,184.00 (Extended Amt.) E14 Faraday Avenue $ 709.00 (Monthly) $ 8,508.00 (Extended Amt.) E15 La Costa Avenue $ 463.00 (Monthly) $ 5,556.00 (Extended Amt.) E16 Melrose Drive $ 1,259.00 (Monthly) $ 15,108.00 (Extended Amt.) E17 Palomar Airport Road $ 2,482.00 (Monthly) $ 29,784.00 (Extended Amt.) E18 Paseo Del Norte $465.00 (Monthly) $ 5,580.00 (Extended Amt.) E19 Poinsettia Lane $ 957.00 (Monthly) $ 11,484.00 (Extended Amt.) E20 Rancho Santa Fe Road / Olivenhein Road $ 1.063.00 (Monthly) $ 12,756.00 (Extended Amt.) E21 Non-Arterial Roads (Inclusive) $ 304.00 (Monthly) $ 3,648.00 (Extended Amt.) PARKWAYS E22 Alga Road (undeveloped areas only) $ 672.00 (Monthly) $ 8,064.00 (Extended Amt.) E23 Cannon Road (undeveloped areas only) $ 926.00 (Monthly) $ 11,112.00 (Extended Amt.) E24 Carisbad Boulevard $ 1.167.00 (Monthly) $ 14.004.00 (Extended Amt.) E25 Carisbad Village Drive $ 567.00 (Monthly) $ 6,804.00 (Extended Amt.) E26 College Boulevard $ 780.00 (Monthly) $ 9,360.00 (Extended Amt.) E27 El Camino Real $ 1,682.00 (Monthly) $20,184.00 (Extended Amt.) E28 Faraday Avenue $591.00 (Monthly) $ 7,092.00 (Extended Amt.) E29 La Costa Avenue $ 772.00 (Monthly) $ 9,264.00 (Extended Amt.) E30 Melrose Drive $761.00 (Monthly) $9,132.00 (Extended Amt.) E31 Palomar Airport Road $ 568.00 (Monthly) $6,816.00 (Extended Amt.) E32 Paseo del Norte $ 769.00 (Monthly) $ 9,228.00 (Extended Amt.) E33 Poinsettia Lane $ 282.00 (Monthly) $ 3,384.00 (Extended Amt.) E34 Rancho Santa Fe Road $ 622.00 (Monthly) $ 7,464.00 (Extended Amt.) E35 Non-Arterial Roads (Inclusive) $ 773.00 (Monthly) $ 9,276.00 (Extended Amt.) E36 *Extra Work Stipulated Amt. $ 100,000.00 (Annual Amt.) Column Total: $ 542,044.00 * 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. Work Cateqorv F - Undeveloped Parks. Urban Forests & Trails UNDEVELOPED PARKS Item # Description PREVAI LING WAGE Item # Description Mo Subtotal $ Annual Total $ Fl Cannon Lake Park $512.00 (Monthly) $6,144.00 (Extended Amt.) F2 Robertson Ranch Park $ 969.00 (Monthly) $ 11,628.00 (Extended Amt.) F3 Veterans Memorial Park $2,617.00 (Monthly) $ 31,404.00 (Extended Amt.) F4 Zone 5 Park $ 892.00 (Monthly) $ 10,704.00 (Extended Amt.) URBAN FOREST AREAS F5 Batiquitos Drive Slopes $ 457.00 (Monthly) $ 5,484.00 (Extended Amt.) F6 Hosp Grove Forest $ 2,867.00 (Monthly) $ 34,404.00 (Extended Amt.) F7 Woodbine Banks $ 856.00 (Monthly) $ 10,272.00 (Extended Amt.) TRAILHEADS/PLANTERS AND TRAILS F8 Calavera Hills Trailhead $ 87.00 (Monthly) $ 1,044.00 (Extended Amt.) F9 Coastal Rail Trailheads/Planters $ 3,048.00 (Monthly) $ 36,576.00 (Extended Amt.) F10 Hosp Grove Trailheads $621.00 (Monthly) $ 7,452.00 (Extended Amt.) F11 ' Extra Work Stipulated Amt. $ 50,000.00 (Annual Amt.) Column Total: $205,112.00 ^15 * 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 11:48 AM To: 'jlopez@pwlcl.com' Cc: Shelley Collins; Kyle Lancaster Subject: REQUIRED CONFUCT OF INTEREST Attachments: Resolution No. 2015-050.pdf To Whom It IVlay Concern: You are receiving this email because your company has a consultant agreement with the City of Carisbad. The City of Carisbad'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 Carlsbad 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 COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00 PM. AUGUST 16.2015. Mailing Address: Citv Clerk's Office. 1200 Carisbad Village Drive. Carisbad. 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 Carisbad 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 entering 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. CARLSBAD Donna Heraty, CMC Deputy City Clerk City of Carisbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 www.carisbadca.gov P: 760-434-2808 F: 760-720-6917 donna.heratv@)carisbadca.gov Please consider the environment before printing this e-mail