HomeMy WebLinkAbout2021-02-23; City Council; ; Agreement for Parks Maintenance Services, Work Category C - Community Parks and School Athletic Fields, to Nissho of California, Inc. Meeting Date: Feb. 23, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Tim Selke, Parks Services Manager
tim.selke@carlsbadca.gov, 760-434-2857
Subject: Agreement for Parks Maintenance Services, Work Category C - Community
Parks and School Athletic Fields, to Nissho of California, Inc.
District: All
Recommended Action
Adopt a resolution awarding an agreement for Parks Maintenance Services, Work Category C –
Community Parks and School Athletic Fields, to Nissho of California, Inc., in an amount not to
exceed $1,676,540 per year during the initial two-year term of the agreement and
appropriating an additional ongoing $308,540 from the General Fund to the Parks Maintenance
Operating Budget.
Executive Summary
The current agreement for Parks Maintenance Services, Work Category C – Community Parks
and School Athletic Fields, between the City of Carlsbad and Terracare Associates, Inc. expires
on March 26, 2021. Staff recently requested bids for a new agreement (Request for Bids No. 21-
01). Only one bid was received Staff subsequently rejected the bid and re-advertised a second
request for bids to obtain competitive pricing. In response to the re-advertised request for bids
(RFB No. 21-02 [re-bid]), a total of three bids were received. One bids was determined to be
non-responsive due to the failure of the vendor to submit all required documentation. Staff
performed a best value evaluation of the remaining two bids, based on five pre-established
weighted criteria, and identified Nissho of California as the vendor that would provide the best
value to the city. Staff recommends awarding Nissho an agreement for these services, in a not
to exceed amount of $1,676,540 per year.
The City Council’s approval of this agreement is required under Carlsbad Municipal Code
Section 3.28.060 D.5, which states that the City Council shall be the awarding authority for
procurement of services and professional services for which the cost to the city is more than
$100,000 per agreement year.
Discussion
Awarding parks maintenance services through a best value evaluation process allows the Parks
& Recreation Department to receive high quality trees and grounds maintenance without the
need for increasing staffing or purchase and maintain additional specialty equipment. The
department currently accomplishes approximately 75% of its parks maintenance services
Feb. 23, 2021 Item #1 Page 1 of 55
through contract vendors. Those contractual parks maintenance services are divided into the
following five work categories:
•B - Trees
•C - Community parks and school Athletic fields
•D - Passive parks and facilities landscapes
•E - Streetscapes, medians and parkways
•F - Undeveloped parks, urban forests and trailheads and planters
On March 27, 2019, based on the results of Request for Bids No. 19-01, Parks Maintenance
Services, the City Council awarded an agreement to Terracare Associates for Work Category C -
Community Parks and School Athletic Fields (Resolution 2019-040). The agreement was
awarded for an initial two-year term, with two additional two-year term extensions available.
Terracare recently indicated it does not wish to entertain the first of the two, two-year term
extensions. Based on that determination, staff advertised a request for bids for Parks
Maintenance Services, Scope of Work Category C (RFB No, 21-01) on Nov. 2, 2020. During the
40-day advertisement, a mandatory virtual pre-bid meeting was held. Vendors were given the
option of attending the virtual meeting or watching a video of it on the city Purchasing
Division’s webpage before submitting their bids.
On Dec. 11, 2020, one bid was received. To obtain competitive pricing, staff rejected the lone
bid and re-advertised the request for bids for parks maintenance services on Dec. 17, 2020 (RFB
No. 21-02 [re-bid]). During the 33-day advertisement, the city held a mandatory virtual pre-bid
meeting. Again, vendors were given the option of attending the virtual meeting or watching a
video of it on the city Purchasing Division’s webpage before submitting their bids.
On Jan. 19, 2021, a total of three bids were received in response to the advertisement. Staff
reviewed the bids and determined one of them was non-responsive because the bidder failed
to submit all required documentation. The verified bid amounts per year for the remaining two
vendors were as follows:
Parks Maintenance Services – Work Category C, Request for Bids No.
21-02 (Re-Bid)
Bidder Amount
Nissho of California, Inc. $1,676,540
Urban Corps of San Diego County $1,798,400
Staff performed a thorough best value evaluation of the two 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. Nissho of California, Inc.
was determined to be the best value vendor. As with the current agreement, the new
agreement is structured for an initial two-year term, with two additional two-year extension
terms available.
Feb. 23, 2021 Item #1 Page 2 of 55
Fiscal Analysis
The proposed agreement with Nissho for Parks Maintenance Services, Work Category C,
reflects an increase of $308,540 (about 22.5 percent) in the annual not to exceed amount over
the current agreement with Terracare. This increase is attributable to a combination of:
• A: Economic inflation factors;
• B: The vendor’s reported greater ability to provide the required high level of services;
• C: The inclusion of maintenance services for the pending improvements to Poinsettia
Community Park, dog park, parking lot and restroom.
To account for the annual cost increase, staff will be requesting an incremental budget increase
of $308,540 during the fiscal year 2021-22 budget process, to be included within the Parks
Maintenance Operating Budget. For the remainder of FY 2020-21, staff is requesting an
additional appropriation of $83,305, the total annual cost increase prorated at 27% for the 3.2
months of services to be performed by Nissho from March 27 to June 30, 2021.
Parks Maintenance Services – Work Category C, Request for Bids No.
21-02 (Re-bid)
Appropriation to the Parks Maintenance Budget Amount
Annual ongoing, to commence with FY 2021-22 $308,540
Prorated at 27%, for 3.2 months of FY 2020-21 $83,305
Next Steps
Staff will coordinate the transition of services from Terracare to Nissho between the award of
contract and the commencement of services on March 27, 2021. Staff will then administer and
manage the new agreement with Nissho throughout the length of its initial two-year term and
any extension terms.
Environmental Evaluation (CEQA)
The project is exempt from the California Environmental Quality Act under State CEQA
Guidelines Section 15301 – Existing Facilities, which cover the maintenance of existing
landscaping, including native growth, that involves negligible or no expansion of use.
Public Notification and Outreach
Public notification of this possible change in services delivery occurred through the
advertisement of Request for Bid nos. 21-01 and 21-02 (re-bid), Parks Maintenance Services,
Scope of Work Category C – Community Parks and School Athletic Fields, from Nov. 2, 2020 -
Dec. 11, 2020, and Dec. 17, 2020 -Jan. 19, 2021, respectively. In addition, public notice of this
item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing
and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council Resolution
Feb. 23, 2021 Item #1 Page 3 of 55
RESOLUTION NO. 2021-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING AN AGREEMENT FOR PARKS MAINTENANCE
SERVICES, WORK CATEGORY C — COMMUNITY PARKS AND SCHOOL
ATHLETIC FIELDS, TO NISSHO OF CALIFORNIA INC. IN AN AMOUNT NOT
TO EXCEED $1,676,540 PER YEAR, DURING THE INITIAL TWO-YEAR TERM
OF THE AGREEMENT, AND APPROPRIATING AN ONGOING ADDITIONAL
$308,540 FROM THE GENERAL FUND TO THE PARKS MAINTENANCE
OPERATING BUDGET
WHEREAS, the City Council of the City of Carlsbad, California has determined that accomplishing
parks maintenance services through best value determined vendors allows the Parks St Recreation
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, the department presently accomplishes approximately seventy-five percent of its
parks maintenance services through contract vendors; and
WHEREAS, on March 27, 2019, based on the results of Request For Bids (RFB) No. 19-01, Parks
Maintenance Services, the City Council awarded an agreement to Terracare Associates (Terracare) for
Work Category C - Community Parks and School Athletic Fields; and
WHEREAS, the agreement was awarded for an initial two-year term, with two additional two-
year extension terms available; and
WHEREAS, Terracare recently indicated it does not wish to entertain the first of the two, two-
year term extensions; and
WHEREAS, based on that determination, staff advertised a RFB for Parks Maintenance Services
Scope of Work Category C (RFB 21-01) on Nov. 2, 2020; and
WHEREAS, on Dec. 11, 2020, one bid was received in response to RFB No. 21-01; and
WHEREAS, in order to obtain competitive pricing, staff rejected the lone bid and re-advertised
the RFB; and
Feb. 23, 2021 Item #1 Page 4 of 55
WHEREAS, on Dec. 17, 2020, RFB No. 21-02 (re-bid) for Parks Maintenance Services was
advertised; and
WHEREAS, on Jan. 19, 2021, three bids were received in response to RFB No. 21-02 (re-bid); and
WHEREAS, staff reviewed the bids and one of them was determined to be non-responsive due
to the failure of the bidder to submit all required documentation; and
WHEREAS, staff performed a best value evaluation of the remaining two bids, based on five pre-
established weighted criteria and determined Nissho of California, Inc. to be the best value vendor; and
WHEREAS, the proposed agreement with Nissho for Parks Maintenance Services, Work
Category C, reflects an increase of $308,540 in the annual not to exceed amount, over the current
agreement with Terracare; and
WHEREAS, this increase is attributable to a combination of [a] economic inflation factors, [b]
the vendor's reported greater ability to provide the required high level of services; and [c] the inclusion
of maintenance services for the pending improvements to Poinsettia Community Park (i.e., dog park,
parking lot and restroom); and
WHEREAS, staff is requesting an ongoing additional appropriation of $308,540 to the Parks
Maintenance Operating Budget to account for the annual cost increase; and
WHEREAS; staff will coordinate the transition of services from Terracare to Nissho between the
award of contract and the commencement of services on March 27, 2021; and
WHEREAS, the City Planner has considered the potential environmental effects of this project
and has been determined it to be exempt from environmental review per CEQA Guidelines Section
15301, Existing Facilities, and that no exception to the exemption as set forth in CEQA Guidelines
section 15300.2 applies.
Feb. 23, 2021 Item #1 Page 5 of 55
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
None.
None.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the Mayor is authorized and directed to execute the agreement with Nissho of
California, Inc. for Parks Maintenance Services, Scope of work Category C — Community
Parks and School Athletic Fields, in an amount not-to-exceed $1,676,540 per year,
during the initial two-year term of the agreement, attached hereto as Attachment "A".
3.That the city manager or designee is hereby authorized to execute amendments to
extend the agreement for up to two additional two year terms or parts thereof, in an
amount not to exceed $1,676,540 per year, which may be adjusted in accordance with
Section 5 of the agreement.
4.The Deputy City Manager, Administrative Services, or his/her designee is authorized to
appropriate an additional $83,305 from the unassigned General Fund balance to the
Parks Maintenance operating budget in fiscal 2020-21 for the remaining 3.2 months of
services to be performed by Nissho of California (i.e., March 27 to June 30, 2021).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd day of February, 2021, by the following vote, to wit:
MATT HALL, Mayor
(VM>F}TVLA
BARBARA ENGLESON4 cit(elerk oo .'" ")111/4
40/
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(SEAL)
Feb. 23, 2021 Item #1 Page 6 of 55
DocuSign Envelope ID: 7BF678AA-FC10-4EED-8FD3-71DF310E9005
AGREEMENT FOR PARKS MAINTENANCE SERVICES — SCOPE OF WORK CATEGORY C
COMMUNITY PARKS AND SCHOOL ATHLETIC FIELDS
NISSHO OF CALIFORNIA, INC.
THIS AGREEMENT is made and entered into as of the 23rd day of
February , 20 21 , by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Nissho of California, Inc., a California Corporation, ("Contractor").
RECITALS
A.City requires the professional services of a company to perform parks maintenance
services within the City's community parks and school athletic fields; and
B.Contractor has the necessary qualifications and experience in providing
professional services and advice related to parks maintenance services.
C.Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
'1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2.STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3.TERM
The term of this Agreement will be effective for a period of two (2) years from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional two-year
(2) periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4.TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5.COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
three million three hundred fifty-three thousand eighty dollars ($3,353,080). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not
exceed one million six hundred seventy-six thousand five hundred forty dollars ($1,676,540) per
Agreement year as may be adjusted based on the San Diego Consumer Price Index, per section
5 of the Agreement. The City reserves the right to withhold a ten percent (10%) retention until City
has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
City Attorney Approved Version 6/12/18
Feb. 23, 2021 Item #1 Page 7 of 55
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 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. 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws.
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 the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any
subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section
1776. 7. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
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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. 9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’
compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
11. 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. 12. 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
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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.
13. 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 Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 13.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the
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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured.
13.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
13.1.2 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. 13.1.3 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. 13.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work.
13.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions:
13.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City.
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13.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.
13.2.3 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.
13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.
13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 13.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.
14. 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.
15. 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. 16. 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. 17. 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 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
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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.
18. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City. 19. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement.
For City For Contractor
Name Tim Selke Name Tom Baird
Title Parks Services Manager Title Vice President
Department Parks & Recreation Address 1902 South Santa Fe Avenue
City of Carlsbad Vista, CA 92083
Address 799 Pine Avenue, Suite 200 Phone No. 760-727-9719
Carlsbad, CA 92008 Email tbaird@nisshoca.com
Phone No. 760-434-2857
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.
20. 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 categories. Yes No
21. 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.
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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. 22. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment. 23. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law. 24. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
24.1 Termination for Convenience of the City
24.1.1 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.
24.1.2 Notice of Termination. After receipt of the Notice of Termination, and except as
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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 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.
24.1.3 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.
24.1.4 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 of the 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 24.1.2 of the Agreement, within thirty (30) days of receipt of payment, then the amount due shall
be as later determined by either mediation (Section 23 above) or arbitration (Section 24.1.7 below), if the City and the Contractor agree thereto in writing, or as fixed in a court of law.
24.1.5 Payment for Contractor Due to Termination. Subject to Section 24.1.4, 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 24.1.5 or Section 24.1.6, below, exclusive of costs shown in Section 24.1.6, 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 24.1.6, below, shall not limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph.
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24.1.6 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 24.1.5, 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 24.1.6, 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.
24.1.7 Arbitration of Payment. If the Contractor does not agree that the amount
determined by the City Manager or designee under Section 24.1.6, above, is fair and reasonable, and if the Contractor gives notice of such disagreement to the City in accordance with Section 24.1.2 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.
24.1.8 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 24.1.6, 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.
24.1.9 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
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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.
24.1.10 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 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.
24.1.11 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.
24.1.12 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.
24.2 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.
24.3 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,
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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 default pursuant to Section 24.2 above.
24.4 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 of the 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 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.
24.5 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 24.1 above. 25. 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.
26. 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
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C. Response to Request for Bids
27. 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.
28. 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.
29. JURISDICTION 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.
30. 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. 31. 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.
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32. 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
By: By:
(sign here) Mayor
Vice President
(print name/title)
ATTEST:
By:
6,6(4. VotttfotA, Ne.a- .77.2 Nat? for
BARBARA ENGLESON
City Clerk
(sign here).
Cecilia Dolleton-Secretary
(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 Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: atkt Frost
Deputy City Attorney
City Attorney Approved Version 6/12/18
13
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EXHIBIT “A” SCOPE OF SERVICES
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
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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 Category 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.
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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 bid 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
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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 of the 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.
• 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 of the 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 of the 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 their 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.
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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.
3.09 CONTRACTOR shall provide a minimum of two personnel per Category 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 for all sites. No exceptions are approved, nor anticipated, by the 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 7:00 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 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 bid and acceptance basis, as when CITY determines it is appropriate to negotiate a fixed price for work 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 of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of CONTRACTOR’S bid by CITY. This bid is subject to acceptance or negotiation by CITY.
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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 the following format:
Invoice # – Community 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
Stagecoach Community Park
Zone 5 Park
TOTAL MONTHLY COST $(AMOUNT)
Invoice # – School Athletic Fields
Location Account Number Monthly Cost
Aviara Oaks Middle School
Buena Vista Elementary School Carlsbad 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
0014610-7550 $(AMOUNT)
TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Extra Work
Location Account Number Monthly Cost
TBD by City Request 0014610-7550 $(AMOUNT)
TOTAL MONTHLY COST $(AMOUNT)
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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 bid 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 $60,000 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 plant material or other landscape amenities
• Irrigation retrofits or system enhancements 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 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 bid including a description of the work, a list of materials, and a schedule for completion. CITY may accept, reject or seek to negotiate the bid with CONTRACTOR. No extra work shall commence without written approval of CONTRACTOR’S bid 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.
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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.
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.
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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 of the 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 of the sites
under this CONTRACT. This documentation shall include the field and office use of the CITY’s inspection software program. The CITY will provide the CONTRACTOR with licensing or other access for this software program.
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.
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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 Services Manager or designee shall be responsible for the enforcement of this
CONTRACT on behalf of CITY. 15.02 CITY shall implement its Inspection Rating System to be used to verify monthly payments and
deductions from payments. This 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 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 Technical Specifications applicable to the respective site of the CONTRACT, and for the General Specifications of the CONTRACT. The Total Rating for each site shall represent the total percentage of the Technical Specifications and General Specifications in the CONTRACT that were met by CONTRACTOR during the preceding month of service. 15.03 The parties agree that it will be impracticable or extremely difficult to ascertain the exact amount that should be deducted from payments should the CONTRACTOR fail to perform some of the work or fail
to perform work to the standards required under the Technical Specifications and General Specifications in the CONTRACT. The CONTRACTOR acknowledges and agrees that failure to complete or satisfactorily perform any of the recurring maintenance required under the Technical
Specifications and General Specifications in this CONTRACT constitutes a breach which cannot be cured or remedied. The parties agree that the Inspection Rating System provides a reasonable method for approximating the appropriate amount of deduction from payments each month. For any month in
which CONTRACTOR and the CITY cannot agree on the ratings or associated deductions under the Inspection Rating System, CITY reserves the right to assess liquidated damages as an alternative to the Inspection Rating System.
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15.04 If in the judgment of CITY, CONTRACTOR is deemed to be non-compliant with the terms and
obligations of the 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 required under the Technical Specifications and General Specifications in this CONTRACT,
and/or deduct assessed liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to CONTRACTOR by CITY in a written notice. The monthly Inspection Rating System report shall constitute reason for deductions so imposed.
15.05 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 five (5) 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 of the 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 of the 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
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in writing by CITY’S Traffic Engineer, within the limits of rights-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 or designee, 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 of the 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 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 7:00
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 PESTICIDES
19.01 All work involving the use of pesticides 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 Pest Control Qualified Applicator. 19.02 Chemical applications shall strictly conform to all governing regulations, including the City of Carlsbad Integrated Pest Management Plan, November 2017 (Appendix ‘A’). CONTRACTOR’S staff applying pesticides shall possess all required licenses and certifications.
19.03 Records of all operations; including applicators names, stating dates, times, methods of application,
pesticide formulations, and weather conditions shall be made and retained according to governing regulations.
19.04 All pesticides 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 pesticides used within CITY.
19.06 CONTRACTOR shall prepare and submit a schedule to CITY detailing all proposed pesticide usage for approval. This schedule shall indicate; proposed dates of application, type of pesticide proposed for use, area intended for application and a quantity estimate of the 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 pesticide application in accordance with all federal, state, and local requirements. If CONTRACTOR
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fails to provide and post the required notification CONTRACTOR shall not apply any pesticides and CONTRACTOR shall submit a revised schedule to CITY for approval prior to application of any
pesticides not detailed in the approved annual schedule.
19.07 Pesticides shall only be applied by those persons possessing a valid California Qualified Applicator
license/certificate or under supervision of a California Qualified Applicator. 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 pesticide 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. The first collection of trash and non-landscape recycling materials are
to be removed from the sites daily by 8:00 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 of the 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
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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 of the 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 fifth day of the
next month, to the CITY representative. CONTRACTOR is responsible to maintain/retain site and date specific records in accordance with California Department of Pesticide Regulations.
2. Records of operations shall be kept per California Department of Pesticide Regulations.
3. The annual use report, which shall be a compilation of the prior calendar year’s monthly use reports, will be submitted electronically through email by January 10 each year, and will include the total amounts of pesticides (and fertilizers) used on CITY property, per CDPR and NPDES.
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 these times:
1. Irrigation Tracking Sheet: To be filled out at the time of scheduled testing/repairing, and
turned in monthly to CITY.
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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 of the service provided and the name and signature of the person(s) that did the work. 24.03 Green Waste Recycling and Other Recycling Report: A. This report is due to CITY on a monthly basis with the following information:
• The sites from which the green waste and other recycling was removed.
• The weight of the green waste and other recycling removed.
• The name of the company that processed the green waste and other recycling.
• The amount of green waste reused in Carlsbad.
• The amount of green waste reused outside of Carlsbad.
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Category C
Community Parks, and School Athletic Fields
PART I – GENERAL SPECIFICATIONS
1.0 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
11.0 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
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PART I GENERAL SPECIFICATIONS
1.00 REQUIRED CERTIFICATES/LICENSES
1.01 CONTRACTOR shall possess at least:
• National Recreation & Park Association (NRPA) Certified Playground Safety Inspector (CPSI) certification for all crew members who perform playground inspections.
• NRPA CPSI 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:
Community 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
*Including Phase IV Improvements
Dog Park and Parking Lot See Appendix D – Construction Plans
28.5 Stagecoach Community Park 3420 Camino de los Coches
3.0 Zone 5 Park Faraday Avenue & Camino Hills Drive
145.3 Subtotal Community Parks
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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 Carlsbad High School Basswood Avenue & Valley Street
2.0 Hope Elementary School 3010 Tamarack Avenue
2.6 Jefferson Elementary School 3743 Jefferson Street
2.0 Kelly Elementary School 4885 Kelly Drive
3.5 La Costa Heights Elementary School 3035 Levante Street
4.6 La Costa Meadows Elementary
School
6889 El Fuerte Street
4.0 Magnolia Elementary School 1905 Magnolia Avenue
8.5 Valley Middle School 1645 Magnolia Avenue
36.2 Subtotal School Athletic Fields
181.5 TOTAL ACRES (COMMUNITY PARKS AND SCHOOL ATHLETIC FIELDS)
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.
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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: ¾ inch – 1 inch.
B. Cool season turf including bluegrass, perennial rye and fescues: 1 ½ inches – 2 inches. C. Kikuyu: 3/4 inch – 1 ¼ 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/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.
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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 quarterly.
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 ½ the normal mow height and a minimum of ¾ 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 ½”. 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 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
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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. Documentation supporting the reimbursement request shall be provided at the request of CITY.
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 of the 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 of the irrigation systems. All of CONTRACTOR’S crew
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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 of the 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 of the 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.
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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 properly 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, all hard surfaces, including sidewalks curbs, asphalt, 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.
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 annual, and as required for full control of target weeds.
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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 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 of the
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.
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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.
11.14 All vegetation trimmings, fallen branches/shrubs/trees, other green waste and organic debris shall be
removed from the site immediately, and properly recycled/disposed of daily.
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
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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. 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: 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 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 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.
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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 ¼ 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
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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 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/washed, 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. If any graffiti cannot be completely removed by cleaning/washing tasks, CONTRACTOR shall immediately paint
those affected surfaces with a material approved by CITY.
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 corners, 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 $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 shall be corrected immediately. Any other deficiency shall be reported to CITY immediately.
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21.03 At CITY’S direction on any given day, in response to the issuance of a national proclamation, CONTRACTOR shall lower the United States Flag at each site to half staff. On the day the proclamation ends, CONTRACTOR shall return the United States Flag at each site to full staff.
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 of the 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 $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 by Oct. 1 each year, and as often as needed
thereafter, to fulfill their intended purpose. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per year, with CITY’S approval.
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22.00 BLOCK HOUSE AND PORTABLE RESTROOM 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 and portable restrooms shall be re-stocked, cleaned, and unclogged by and at the expense of CONTRACTOR, as needed to ensure safe and sanitary use by the public, but at
minimum twice daily. If any graffiti cannot be completely removed by cleaning/washing tasks, CONTRACTOR shall immediately paint those affected surfaces with a material approved by CITY. 22.03 CONTRACTOR shall inspect block house and portable restrooms 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 herbicide shall be performed bi-weekly oar as needed - according to CITY. Line width is not to exceed 6 inches.
B. Spraying of sport field lines with turf paint shall be performed bi-weekly, or as needed - according
to CITY. Line width is not to exceed 6 inches.
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.
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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 of the 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.
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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.
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 ½” 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. CONTRACTOR 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. CONTRACTOR 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.
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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. 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: CONTRACTOR 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 ½” 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 ½” 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 of the 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 ½”.
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. CONTRACTOR shall quarterly apply an industrial anti-microbial spray cleaner, as approved by CITY, for the control of bacteria on synthetic turf.
CONTRACTOR shall semi-annually apply a water spray rinse for the control of dust on synthetic
turf.
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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 6
Visual Inspection 2
Planters & Ground Cover Maintenance daily 1
Removing Spent Blossoms 3 weekly 2
Trimming 3 bi-weekly 3
Cultivate 3 monthly 4
Weed Control 2 bi-monthly 5
Fertilize 6 quarterly 6
Pest Control 8 semi-annually 7
Shrub Maintenance as needed 8
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.) 1
Drinking Fountain Maintenance 1
Facilities & Equipment Maintenance
Tot lots 1 Damaged Bollards, Rails, Fencing Repair/Replace. 8
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
Infields Maintenance
Watering/Dragging/Sweeping 1
Apron Edging/Brooming 2
Synthetic Turf Field Maintenance 2
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Cost of Services – Category C: Community Parks and School Athletic Fields
Item # Description
PREVAILING WAGE
Mo. Subtotal $ Annual Total $
C1 Alga Norte Community Park $23,659.00 (Monthly)
$283,908.00_ (Extended Amt.)
C2 Aviara Community Park $13,615.00
(Monthly)
$163,358.00_
(Extended Amt.)
C3 Calavera Hills Community Park $11,936.00 (Monthly)
$143,232.00_ (Extended Amt.)
C4 Chase Fields $3,830.00 (Monthly)
$45,960.00_ (Extended Amt.)
C5 Pine Avenue Community Park $4,808.00 (Monthly)
$57,696.00_ (Extended Amt.) C6 Poinsettia Community Park $18,999.00 (Monthly)
$227,988.00_ (Extended Amt.)
C7 Poinsettia Ph. IV Improvements Dog Park & Parking Lot (With
NTP)
$1,462.00 (Monthly)
$17,544.00_ (Extended Amt.)
C8 Stagecoach Community Park $15,944.00
(Monthly)
$191,328.00_
(Extended Amt.)
C9 Zone 5 Park $2,426.00 (Monthly)
$29,112.00_ (Extended Amt.) C10 Aviara Oaks Middle School $3,048.00 (Monthly)
$36,576.00 (Extended Amt.)
C11 Buena Vista Elementary School $2,555.00 (Monthly)
$30,660.00 (Extended Amt.) C12 Carlsbad High School $1,301.00 (Monthly)
$15,612.00_ (Extended Amt.)
C13 Hope Elementary School $1,839.00 (Monthly)
$22,068.00_ (Extended Amt.)
C14 Jefferson Elementary School
$2,431.00 (Monthly)
$29,172.00_ (Extended Amt.)
C15 Kelly Elementary School $1,811.00 (Monthly)
$21,732.00_ (Extended Amt.)
C16 La Costa Heights Elementary School
$2,479.00 (Monthly)
$29,748.00_ (Extended Amt.)
C17 La Costa Meadows Elementary School/El Fuerte Park
$3,248.00
(Monthly)
$38,976.00_ (Extended Amt.)
C18 Magnolia Elementary School
$2,973.00 (Monthly)
$35,676.00_ (Extended Amt.)
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C19 Valley Middle School $4,681.00 (Monthly)
$56,172.00_ (Extended Amt.)
C20
*Extra Work
Stipulated Amt.
$200,000.00 (Annual Amt.)
Column Total: $1,676,540.00
* 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.
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