HomeMy WebLinkAbout2021-05-11; City Council; ; Agreement for Parks Maintenance Services, Work Categories D to Nissho of California and Work Categories E & F to Brightview Landscape Services Meeting Date: May 11, 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 Categories D to Nissho of
California and Work Categories E & F to Brightview Landscape Services
District: All
Recommended Action
Adopt a resolution awarding an agreement for Parks Maintenance Services, Work Category D to
Nissho of California, Inc., in an amount not to exceed $893,252 per year during the initial two-
year term of the agreement and an agreement for Parks Maintenance Services, Work
Categories E & F to BrightView Landscape Services in an amount not to exceed $1,079,056 per
year during the initial two-year term.
Executive Summary
The current agreement for Parks Maintenance Services, Work Categories D, E & F, between the
City of Carlsbad and Park West Landscape Management expires on June 14, 2021.Staff recently
conducted request for bids No. 21-03 for parks maintenance services, work categories D, E & F.
A total of 18 bids were received from six vendors. Staff performed a best value evaluation of
the bids based on five pre-established weighted criteria, and identified Nissho of California as
the best value vendor for Category D and BrightView Landscape Services for categories E & F.
Staff recommend awarding agreements for these services to these firms in an amount not to
exceed $893,252 per year for Nissho and $1,079,056 per year for BrightView.
According to Carlsbad Municipal Code Section 3.28.060 D.5, the City Council’s approval is
required for the procurement of services and professional services that will cost the city 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 the city to increase internal staffing or to purchase and maintain additional specialty
equipment. The department accomplishes approximately 75% of its parks maintenance services
through contract vendors. Those contractual parks maintenance services are divided into the
following five work categories:
May 11, 2021 Item #2 Page 1 of 131
• 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/planters
On June 14, 2017, based on the results of Request for Bids No. 17-03, Parks Maintenance
Services, the City Council awarded an agreement to Park West Landscape Management for
work categories D, E & F (Resolution 2017-104). The agreement was awarded for an initial two-
year term, with two additional two-year term extensions available. The first two-year term
extension was executed on June 11, 2019. Based on a need to update the scope of work for all
three categories, the final two-year extension was not executed and staff advertised a request
for bids for parks maintenance services, scope of work categories D, E & F (Request for Bids No,
21-03) on Jan. 29, 2021. During the 42-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 posted on the city Purchasing Division’s webpage before they submitted bids.
On Mar. 12, 2021, 18 bids were received from six vendors in response to the advertisement of
Request for Bids No. 21-03. The verified bid amounts per year for the responsive vendors were
as follows:
Parks Maintenance Services –Request for Bids No. 21-03
Bidder Category D Category E Category F
Aztec Landscaping, Inc. $1,309,852.40 $972,799.88 $355,308.56
BrightView Landscape
Services $1,070,828.00 $790,412.00 $288,644.00
Park West Landscape
Management. $875,408.00 $779,180.00 $293,000.00
PWLC1, Inc. $1,017,368.00 $852,868.00 $313,400.00
Nissho of California, Inc. $893,252.00 $888,715.98 $263,300.00
Westturf Landscape
Management, Inc. $1,183,076.00 $938,420.00 $477,644.00
Staff performed a thorough best value evaluation of the 18 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 for Work Category D and BrightView Landscape
Services was determined to be the best value vendor for Work Categories E & F.As with the
current agreement, the new agreements are structured for an initial two-year term, with two
additional two-year extension terms available.
May 11, 2021 Item #2 Page 2 of 131
Options
Staff provide the following options for the City Council’s consideration:
1. Accept bids and award an agreement to Nissho of California, Inc. for Parks Maintenance
Services Work Category D in an amount not to exceed $893,252 and award an
agreement to BrightView Landscape Services for parks maintenance services work
categories E & F in an amount not to exceed $1,079,056 per agreement year
Pros
• Nissho Brightview have been determined to be the best value vendors to provide
these services
• Award of the agreements complies with applicable municipal code sections
• Maintenance services can start upon award of the contract
• Seamless transition and continuity of service levels is maintained
Cons
• None identified
2. Do not accept the bids and do not award agreements to Nissho and BrightView and
direct staff to pursue agreement(s) with alternative bidder(s)
Pros
• None identified
Cons
• Delays start of services
• Potential for a lapse in service once existing agreement expires
• Potential increase in costs due to delay in award
3. Cancel bids solicitation and pursue alternative means for providing service
Pros
• Potential for reallocation of funds to other priority areas if service is not
continued
Cons
• Delays start of services
• Potential for a lapse in service once existing agreement expires
• Potential increase in costs if the city decides to resolicit for bids in the future
Staff recommends Option 1 for City Council’s approval: accept the bids and award an
agreement to Nissho of California, Inc. for Parks Maintenance Services Work Category D in an
amount not to exceed $893,252 and an agreement to BrightView Landscape Services for parks
maintenance services work categories E & F in an amount not to exceed $1,079,056.
Fiscal Analysis
The proposed agreement with Nissho for Parks Maintenance Services, Work Category D and
agreement with Brightview for Parks Maintenance Services Work categories E & F reflects an
increase of $169,485 (approximately 9%) in the annual not-to-exceed amount over the current
agreement with Park West. 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 completion of the Buena Vista
Reservoir Park
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To account for the annual cost increase, staff will be requesting an incremental budget increase
in the fiscal year 2021-22 budget process, to be included within the Parks Maintenance
Operating Budget. For the remainder of FY 2020-21, the increased cost associated with
providing service for the last 17 days of the fiscal year can be addressed in the current
approved Parks Maintenance Operating Budget. Staff is not requesting any additional
appropriation for the remainder of the 2020-2021 fiscal year.
Parks Maintenance Services – Work categories D, E & F
Request for Bids No. 21-03
Pending appropriation to Parks Maintenance Budget Amount
Annual ongoing cost to commence with fiscal year
2021-22 $169,485
Next Steps
Staff will coordinate the transition of services from Park West to Nissho and BrightView
between the award of agreements and the commencement of services on June 14, 2021. Staff
will then administer and manage the new agreements with Nissho and BrightView throughout
the length of their initial two-year term and any extension terms.
Environmental Evaluation (CEQA)
The project is exempt from the California Environmental Quality Act per State Guidelines
Section 15301 – “Existing Facilities,” including maintenance of existing landscaping, including
native growth, which 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 Bids No. 21-03, Parks Maintenance Services, Scope of Work
Categories D, E & F, from Jan. 29, 2021, to Mar. 12, 2021.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 – Work Category D
2. City Council resolution – Work Categories E & F
May 11, 2021 Item #2 Page 4 of 131
RESOLUTION NO. 2021-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING AN AGREEMENT FOR PARKS MAINTENANCE
SERVICES, WORK CATEGORY D — PASSIVE PARKS AND FACILITIES
LANDSCAPES, TO NISSHO OF CALIFORNIA INC. IN AN AMOUNT NOT TO
EXCEED $893,252 PER YEAR, DURING THE INITIAL TWO-YEAR TERM OF
THE AGREEMENT
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 & 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 June 14, 2017, based on the results of Request For Bids (RFB) No. 17-03, Parks
Maintenance Services, the City Council awarded an agreement to Park West Landscape Management
(Park West) for Work Categories D — Passive Parks and Facilities Landscapes, E —Streetscapes, Medians
and Parkways and F — Undeveloped Parks, Urban Forests and Trailheads / Planters; and
WHEREAS, the agreement was awarded for an initial two-year term, with two additional two-
year extension terms available; and
WHEREAS, the first two-year term extension was executed on June 11, 2019.; and
WHEREAS, based on a need to update the scope of work for all three categories, the final two-
year extension was not executed; and
WHEREAS, based on that determination, staff advertised a RFB for Parks Maintenance Services
Scope of Work Categories D, E & F (RFB 21-03) on Jan. 29, 2021; and
WHEREAS, on March 12, 2021, eighteen bids were received in response to RFB No. 21-03; and
May 11, 2021 Item #2 Page 5 of 131
WHEREAS, staff performed a best value evaluation of bids, based on five pre-established
weighted criteria and determined Nissho of California, Inc. to be the best value vendor for Category D
— Passive Parks and Facilities Landscapes; and
WHEREAS, the proposed agreement with Nissho for Parks Maintenance Services, Work
Category D, reflects an increase of $56,854 in the annual not to exceed amount, over the current
agreement with Park \Nest; 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 completion of the Buena Vista Reservoir Park; and
WHEREAS, staff will be requesting an incremental budget increase to the Parks Maintenance
operating budget in the fiscal year 2021-2022 budget to account for the annual cost increase; and
WHEREAS; staff will coordinate the transition of services from Park West to Nissho between the
award of contract and the commencement of services on June 14, 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.
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 0 — Passive
May 11, 2021 Item #2 Page 6 of 131
Parks and Facilities Landscapes, in an amount not-to-exceed $893,252 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 $893,252 per year, which may be adjusted in accordance with
Section 5 of the agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of May, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None. cfrff -/I ceZ(
MATT HALL, Mayor
--*/1,C rt/14s6--ge)
BARBARA ENGLESON, -City Clerk
(SEAL)
May 11, 2021 Item #2 Page 7 of 131
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Attachment A
AGREEMENT FOR PARKS MAINTENANCE SERVICES
WORK CATEOGORY D — PASSIVE PARKS & FACILITIES LANDSCAPES
NISSHO OF CALIFORNIA, INC.
THIS AGREEMENT is made and entered into as of the 11th day of
May , 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 private contractor to perform parks
maintenance services within the City's Passive Parks & Facilities Landscapes; and
B.Contractor has the necessary experience in providing professional services and
advice related to 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
one million seven hundred eighty-six thousand five hundred four dollars ($1,786,504). 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 eight hundred ninety-three thousand two hundred fifty-two dollars ($893,252) per
Agreement year. 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".
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Attachment A
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-:VI I"; 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
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aforementioned criminal background checks are annually renewed, prior to the anniversary date
of the execution of this Agreement, Contractor will abide by all applicable laws, rules and
regulations including, but not limited to the Fair Credit Reporting act and/or any equal
opportunity laws, rules, regulations or ordinances. Contractor shall maintain paperwork
ensuring its compliance with the above.
City shall reserve the right to audit background check data.
City shall have the absolute right to review and disapprove any personnel assigned to perform
any of the Services required pursuant to this Agreement.
City shall have the unrestricted right to order the removal for cause of any person(s) assigned
by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times while performing any of the Services required under this
Agreement to comply with the City's drug and alcohol policies then in effect.
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
Name Tim SeIke
For Contractor
Name Tom Baird
Title Parks Services Manager
Department Parks & Recreation
City of Carlsbad
Address 799 Pine Avenue, Suite 200
Carlsbad, CA 92008
Phone No. 760-434-2857
Title Vice President
Address 1902 South Santa Fe Avenue
Vista, CA 92083
Phone No. 760-727-9719
Email tbaird@nisshoca.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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.
YesEl 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,
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ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
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.
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24.1.2 Notice of Termination. After receipt of the Notice of Termination, and except as
otherwise directed by the City Manager or designee, the Contractor shall immediately proceed as
follows:
A.Stop work immediately or as specified in the Notice;
B.Immediately place no further orders or contracts for materials, or services, except as
necessary to complete any authorized continued portion 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 Sell/ices 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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(sign here)
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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
Tom Baird- Vice President
(print name/title)
ATTEST:
Z7a. Nage-
BARBARA ENGLESON
Cecilia Dolleton-Secretary City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A 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: 1ttf.L.tL Frosf
Deputy City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Category A
Overall — Applicable To Each Scope Of Work Category
PART I — GENERAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
2.0 REQUIRED CERTIFICATIONS/LICENSES
3.0 CONTRACTOR'S STAFF AND TRAINING
4.0 HOURS AND DAYS OF MAINTENANCE SERVICES
5.0 MAINTENANCE SCHEDULES
6.0 EXPANDED SCOPE OF CONTRACT
7.0 PAYMENT AND INVOICES
8.0 WORK BY OTHER FORCES
9.0 EXTRA WORK
10.0 EQUIPMENT
11.0 PERFORMANCE DURING INCLEMENT WEATHER
12.0 COMMUNICATIONS AND EMERGENCY RESPONSE
13.0 INSPECTIONS, MEETINGS AND REPORTS
14.0 DAMAGES CAUSED BY CONTRACTOR
15.0 ENFORCEMENT AND DEDUCTIONS
16.0 SAFETY
17.0 TRAFFIC CONTROL
18.0 NON-INTERFERENCE - NOISE
19.0 USE OF CHEMICALS
20.0 DISPOSAL
21.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
22.0 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
23.0 PROVISIONS FOR EMERGENCIES
24.0 RECORDS/REPORTS
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PART I
GENERAL SPECIFICATIONS
lag GENERAL REQUIREMENTS
121 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.
122 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.
jja CONTRACTOR shall comply with the provisions of the Immigration Reform and Control Act of 1986,
Public Law 99-603.
1.0 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.
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.
lo CONTRACTOR is hereby required to render and provide parks maintenance services as described in
the Category of Section 3-Scope of Work.
IN 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.
1,0 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.
1.0 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.
Za 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 underthis
CONTRACT, CONTRACTOR shall ensure that pre-employment or pre-contracting reference and
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background checks have been conducted on all personnel directly performing Services under this
CONTRACT (which shall include but not be limited to, all such persons who shall come on to the
premises at any CITY facility or in any CITY park or public rights-of-way in the performance of their
duties or tasks). CONTRACTOR shall be responsible for ensuring that federal, state and county of
residence criminal background checks — via Livescan or equivalent means, as approved by the CITY
- are conducted on all personnel providing Services or work under this CONTRACT, prior to their
commencement of Services under this CONTRACT, and shall exclude from any direct participation in
the performance 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
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changes of attire shall be provided to present a neat and clean appearance of CONTRACTOR'S
personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel
shall be equipped with proper shoes and other gear required by Cal-OSHA and other State safety
regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near
vehicular traffic.
3.08 CONTRACTOR shall designate a person (Contract Manager) who can communicate effectively both in
written and oral English and who shall be present at all times during CONTRACT operations as
described in this CONTRACT. Any order or communication given to CONTRACTOR's Contract
Manager shall be deemed as delivered to CONTRACTOR.
3.09 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.
gc&Q HOURS AND DAYS OF MAINTENANCE SERVICES
1.121 The hours of maintenance service shall be 7:00 a.m. to 4:00 p.m. daily for all sites. The exception
shall be that from April 15 through October 31, on Work Category D, Passive Parks — Coastal, and
Work Category E — Streetscapes, the hours of maintenance service shall be extended from 4:00 p.m.
to 8:00 p.m. daily for those sites and until 10pm on Memorial Day weekend (Friday through Monday),
Fourth of July (including days before and after dependent on day of holiday) and Labor Day weekend
(Friday through Monday) No other exceptions are approved, nor anticipated, by the CITY.
4,92 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.
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.
4.0 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.
EDI/ MAINTENANCE SCHEDULES
fisj. CONTRACTOR will be provided the maximum latitude in establishing work schedules, which
correspond to its staff and equipment resources.
L.Q.2 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.
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.
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Location Account Number Monthly Cost
Buena Vista Reservoir Park
Cadencia Park
Car Country Park
Harold E. Smerdu Comm Garden (w/ NTP)
Hidden Canyon Park (Inc. ADL Dog Park)
Holiday Park
Hosp Grove Park
La Costa Canyon Park
Leo Carrillo Ranch Historic Park (w/ NTP)
Oak Park
Pio Pico Park
Skate Park
0014610-7550 $(AMOUNT)
TOTAL MONTHLY COST $(AMOUNT)
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.6.92 EXPANDED SCOPE OF CONTRACT
fial 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.
112 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. Expanded work shall commence on the specified date established
and CONTRACTOR shall proceed diligently to complete said work within the time allotted.
7,0 PAYMENT AND INVOICES
LQ1 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.
LQ2 Monthly invoices shall be prepared separately for areas of service, in the following format:
Invoice #— Passive Parks - Coastal:
Location Account Number Monthly Cost
Cannon Park 0014610-7550 $(AMOUNT)
Frazee/Tamarack State Beach (E. seawall)
Magee Park
Maxton Brown Park
TOTAL MONTHLY COST $(AMOUNT)
Invoice #— Passive Parks:
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Invoice #— Facilities Landscapes:
Location Account Number Monthly Cost
Arts Office 0014610-7550 $(AMOUNT)
City Hall
City Administration Building
Dove Library
Farmers' Insurance Building
Fire Station #1
Fire Station #2
Fire Station #3
Fire Station #4
Fire Station #5
Fire Station #6
Georgina Cole Library
Harding Community Center
Hawthorne Property
Las Palmas Building
Learning Center
Maintenance & Operations Building
Monroe Street Pool
Parks Administration
Safety Center/Fleet Maintenance Buildings
Senior Center
TOTAL MONTHLY COST $(AMOUNT)
Invoice #— Extra Work:
Location Account Number Monthly Cost
TBD by City Request
TOTAL MONTHLY COST
TBD by Work Area $(AMOUNT)
$(AMOUNT)
L23 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".
LQ4 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.
BAQ WORK BY OTHER FORCES
Lai 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.
Up EXTRA WORK
Ill 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
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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.
2,0 "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
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.
2.9.4 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.
2,Q5 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.
pAz All extra work shall commence on the specified date established and CONTRACTOR shall proceed
diligently to complete said work within the time allotted.
9A4 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
igio CONTRACTOR shall only use equipment identified in the bid submittal, or thereafter with written CITY
approval, during the term of this CONTRACT.
ELQ2 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.
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jial All equipment shall be generally clean, void of significant body damage, in good working order,
leak- free, and regularly maintained.
la% 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.
NM CONTRACTOR must use appropriate equipment suitable for commercial applications in completing
all required tasks in this CONTRACT.
11.00 PERFORMANCE DURING IN LEMENT WEATHER
jim 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.
12,02 All drains and drainage conveyance devices on work sites shall be checked daily, at a minimum,
during inclement weather, and cleaned, as needed.
11.0$ 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
12,11 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.
um 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.
:1292 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.
j2,04 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
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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.
j2,26 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.
13.0Q INSPECTIONS. MEETINGS AND REPORTS
n it 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.
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.
1,41a Irrigation inspections will occur within one (1) day of repair completion.
j1g4 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.
la,0 CONTRACTOR or an authorized representative shall meet with CITY on each site at the discretion
and convenience of CITY, for inspections.
na6 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.
1227 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.
11.912 DAMAGES CAUSED BY CONTRACTOR
MAI 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.
Au 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.
Aila Damaged trees, shrubs, turf, and ground cover shall be repaired or replaced in accordance with the
following maintenance practices:
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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.
MN ENFORCEMENT AND DEDUCTIONS
1111 CITY'S Parks Services Manager or designee shall be responsible for the enforcement of
this CONTRACT on behalf of CITY.
1§,Q2 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„0 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.
10 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.
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15,0 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.
11„Qp SAFETY
Am 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.
jA.D2 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.
I= 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
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.
U LU When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the traveled
way shall be removed from the traveled way and shoulder at the end of the work period. If
CONTRACTOR so elects, said components may be stored at selected central locations, if so approved
in writing by CITY'S Traffic Engineer, within the limits of rights-of-way.
ILO 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,
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the lane should be closed with the above procedures for arterial lane closures.
ILO 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.
ILO 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.
laa NON-INTERFERENCE - NOISE
MI 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.
jiLQ2 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.
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.
lam USE OF PESTICIDES
au 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.
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.
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.
All pesticides requiring a special permit for use must be registered with the County
Agricultural Commissioner's Office and a permit obtained.
Material Safety Data Sheets (MSDS) and sample labels shall be provided to CITY for all products
and pesticides used within CITY.
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
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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 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.
12.QZ 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.
12,21 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
no 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.
2.1,02 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.
211/4 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
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shall make all necessary arrangements with such owner(s) relative to the removal and replacement
or protection of such property or utilities.
2212 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
22,01 During storms, CONTRACTOR will provide inspection of the project during regular hours to prevent or
minimize possible damage from inclement weather. CONTRACTOR shall submit a report identifying
any storm damage to CITY identifying location of damage and when feasible, cost estimates to repair.
If remedial work is required beyond this CONTRACT, it shall be contracted for and paid as extra work.
2102 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.
24.112 ftECORDS/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.
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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.
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 D
Passve Parks and Facilities Landscape
PART I — GENERAL SPECIFICATIONS
1.0 REQUIRED CERTIFICATES/LICENSES
2.0 PASSIVE PARKS AND FACILITIES LANDSCAPES TO BE MAINTAINED
PART II — TECHNICAL SPECIFICATIONS
3.0 MOWING
4.0 TURF AND GROUNDCOVER EDGING
5.0 AERIFICATION
6.0 RENOVATION
7.0 WATER AND IRRIGATION
8.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING
9.0 FERTILIZATION
10.0 WEED CONTROL
11.0 TREE, SHRUB AND GROUNDCOVER
12.0 MULCHING
13.0 DISEASE AND PEST CONTROL
14.0 PLANT MATERIALS
15.0 LITTER, LEAF, AND DEBRIS CONTROL
16.0 TURF RESEEDING/RESTORATION
17.0 TRASH RECEPTACLES
18.0 TRASH AND GREEN WASTE DISPOSAL
19.0 SWEEPING/WASHING HARD SURFACES
20.0 DRINKING FOUNTAIN MAINTENANCE
21.0 FACILITIES AND EQUIPMENT MAINTENANCE
22.0 BLOCK HOUSE MAINTENANCE
23.0 MAINTENANCE MINIMUM FREQUENCIES
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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 PASSIVE PARKS AND FACILITIES LANDSCAPES TO BE MAINTAINED
2.01 The passive parks and facility landscapes to be maintained under the provisions of this CONTRACT are
located at:
Passive Parks
Approximate
Acres
Location Name Address
3.1 Buena Vista Reservoir Park 1605 Buena Vista Way
4.0 Cadencia Park 3310 Cadencia Street
1.2 Car Country Park q Paseo Del Norte
1.7 Cannon Park 100.Cannon Road
6.0 Holiday Park 3300 Pio Pico Drive
1.3 Harold E. Smerdu Comm. Garden* (w/ NTP) 1250 Laguna Drive
9.3 Hidden Canyon Park (Inc. A.D.L. Dog Park) 2685 Vancouver Street
27.1 Hosp Grove Park Jefferson Street & Marron Road
5.8 La Costa Canyon Park 3018 Pueblo Street
4.2 Laguna Riviera Park 4900 Park Drive
10.8 Leo Carrillo Ranch Historic Park (w/ NTP) 6200 Flying L.C. Lane
2.1 Magee Park 258 Beech Avenue
.9 Maxton Brown Park 500 Laguna Drive
.2 Oak Park Pio Pico Drive & Oak Avenue
8.8 Frazee/Tamarack Beach - Seawall & East Carlsbad BI, Ocean St to Tamarack
A.._
.8 Pio Pico Park 2600 Pio Pico Drive
3.4 Skate Park 2560 Orion Way
90.7 Subtotal Approximate Acres
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Facilities Landscapes
Approximate
Locaticin Name Address
Acres
.5 Arts Office
2.0 City Hall
4.0 City Administration Building
2.0 Dove Library
9.0 Farmers' Insurance Building
.3 Fire Station #1
.2 Fire Station #2
2.3 Fire Station #3
.3 Fire Station #4
1.1 Fire Station #5
.4 Fire Station #6
2.7 Georgina Cole Library
1.0 Harding Community Center
3.3 Hawthorne Property
2.0 Las Palmas Building
.5 Learning Center
.7 Maintenance & Operations Building
2.0 Monroe Street Pool
2.2 Parks Administration Building
15.0 Safety Center / Fleet Maintenance Building
2.0 Senior Center
.4 Streets & Facilities Maintenance Building
2955 Elmwood Avenue
1200 Carlsbad Village Drive
1635 Faraday Avenue
1775 Dove Lane
5815 El Camino Real
1275 Carlsbad Village Drive
1906 Arenal Drive
3465 Trailblazer Way
6885 Batiquitos Drive
2540 Orion Way
7201 Rancho Santa Fe Road
1275 Carlsbad Village Drive
3096 Harding Street
Next to 2705 Las Palmas Drive
2075 Las Palmas Drive
3368 Eureka Place
5950 El Camino Real
3401 Monroe Street
1166 Carlsbad Village Drive
2560 Orion Way
799 Pine Avenue
405 Oak Avenue
53.9 Subtotal Approximate Acres
144.6 TOTAL ACRES (PASSIVE PARKS & FACILITIES LANDSCAPES)
Dimensions listed are for estimating purposes only. Investigation & measurement is up to CONTRACTOR.
* CONTRACTOR is to account for maintenance of the common areas (e.g., frontage planters, parking lots, drive and walk
aisles, picnic and kiosk section, cut vegetation bin) of the Harold E. Smerdu Community Garden. Gardeners under lease with
CITY are responsible for maintenance of their own individual gardening plots. A committee of gardeners will also periodically
assist with the maintenance of the above referenced common areas.
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: % inch — 1 inch.
B.Cool season turf including bluegrass, perennial rye and fescues: 1 1/2 inches — 2 inches.
C.Kikuyu: 3/4 inch — 1 % inches.
3.05 Mowing operations shall be scheduled Monday through Friday.
3.06 Walkways shall be cleaned immediately following each mowing.
3.07 Mowing operations shall be scheduled at times of low public use.
3.08 Frequency of mowing shall be as often as needed to satisfy above provisions.
4.00 TURF AND GROUNDCOVER EDGING
4.01 All turf edges shall be kept neatly edged. All grass invasions into adjacent areas shall be eliminated.
4.02 String trimmers shall not be used to trim immediately around trees. Turf and groundcover shall be
maintained a minimum of one (1) foot from the trunks of trees by use of appropriate chemicals or hand
trimming.
4.03 A 36-inch diameter circle shall be maintained around young trees with immature bark or a diameter at breast
height of less than 6 inches. Circles may include a watering basin, and/or a 2-inch deep layer of mulch,
where appropriate. Circles shall be kept free of weeds and grasses by use of appropriate chemicals or hand
trimming.
4.04 Turf and groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park
equipment and other obstacles; and around sprinklers as needed to provide optimum water coverage.
4.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion.
4.06 Walkways shall be cleaned immediately following each edging.
4.07 Frequency of mechanical edging of turf shall be as often as needed to satisfy the above provisions.
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4.08 Frequency of ground cover edging shall be as often as needed to satisfy the above provisions, but at a
minimum weekly.
6.00 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 1/2 the normal mow height and a minimum of 3A the normal
mow height. All clippings shall be removed. Turf shall be dethatched with a power dethatcher (vertical
cutter), with the blades penetrating the soil approximately W. Clippings shall be removed with a turf
sweeper. Clippings in areas which are not accessible to the turf sweeper may be removed by means of
thorough raking.
B.Turf areas shall be aerified as specified in Section 5.00 AERIFICATION.
C.Turf on all athletic fields and on other areas that are damaged, vandalized, bare or thin in the
determination of CITY, shall be repaired as specified in Section 16.00 TURF
RESEEDING/RESTORATION.
D. Turf areas shall be fertilized as specified in Section 9.00 FERTILIZATION.
6.02 If CONTRACTOR feels that supplemental renovation is needed, CONTRACTOR shall notify CITY prior to
proceeding.
7.00 WATERING AND IRRIGATION
7.01 All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance,
with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas
shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic
controllers and valves.
7.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of
landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and
capable of performing proper programming and operation of the irrigation systems.
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7.03 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to:
testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY
immediately of any deficiencies in irrigation at these sites.
7.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY
monthly, and whenever modifications are performed over subsequent month.
7.05 Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes
situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for
providing all equipment, such as hoses, couplers and nozzles to accomplish this task.
7.06 Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in
compliance with CITY'S water conservation ordinance.
7.07 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at
night or early morning hours.
7.08 Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be
damaged by mowing or other traffic.
7.09 No irrigation shall be done during periods of measurable rain without prior approval of CITY.
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 the 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, etc., master valves)
D.pumps and flow sensors
E.automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like)
F.backflow devices
G.pressure regulators
8.03 CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the
location, valve station number, problem, size, and type of irrigation equipment.
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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 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 Ca!sense 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.
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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 need.
9.00 FERTILIZATION
9.01 Products and rates of application shall be determined by CITY.
9.02 CONTRACTOR shall include scheduling of fertilizations on an annual calendar, according to frequencies
specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00, and for school sites,
noticing in accordance with all provisions of the Safe Schools Act.
9.03 CONTRACTOR shall give written notice to CITY at least three (3) City business days in advance of fertilizer
application at a given site.
9.04 CONTRACTOR shall have all materials delivered to the site in properly labeled, unopened bags. All bags
shall be retained on site for CITY inspection and shall be removed promptly following inspection.
9.05 Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system.
Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest
directly on the soil surface.
9.06 Turf, trees, shrubs and groundcover areas shall be fertilized as often as necessary to ensure top quality,
healthy, and lush material but at minimum quarterly.
10.00 WEED CONTROL
10.01 All areas shall receive diligent control of weeds by employing all industry-recognized, legal methods.
10.02 The following areas shall be kept weed free: turf, shrub areas, ground cover beds, planters, cracks in paved
areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with ornamental rock or mulch.
10.03 For the beach upper facilities areas, noticing of all chemical applications shall be in accordance with all
provisions of the CITY'S Right of Entry Permit with the State of California.
10.04 Chemical applications shall be done as needed. Weeds, which grow from, or spread by, underground
stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using
appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete.
Notification of spraying shall be made in writing to CITY at least three days prior to spraying.
10.05 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all
areas is to be performed as needed to satisfy above provisions, but at minimum weekly.
10.06 Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds as needed.
Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa,
Spurge, Oxalis, annual weeds and grasses.
10.07 Pre-emergent herbicide materials to be used shall be as approved by CITY. Materials to be used shall be
those best suited to the control of the target weeds in the given planting.
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10.08 Pre-emergent herbicide applications shall be carefully scheduled as approved by CITY, and shall be made
per label instructions for optimum control. Scheduling of pre-emergent herbicide applications shall be
reflected on the annual calendar, along with notation identifying material name and target weeds.
10.09 Pre-emergent herbicide applications shall be made annually, and as required for optimum control of target
weeds.
11.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE
11.01 CONTRACTOR is responsible for tree work within fifteen (15) feet of the ground.
11.02 Trimming of trees and shrubs for vehicular and pedestrian clearance, visibility, access, plant health and
appearance shall be done as needed, but at minimum semi-annually according to frequencies specified in
the MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00.
11.03 All trimming and tree tying shall conform to I.S.A Standards. CONTRACTOR shall not allow any tree to be
topped.
11.04 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb
line into the paved section of roadways, and an eight (8) foot clearance for branches overhanging walkways
and other pedestrian paths. Lower branching may be allowed for trees in background and ornamental areas.
Trim plant materials where necessary to maintain pedestrian access and safe vehicular visibility and
clearance and to prevent hazardous conditions.
11.05 Shearing: Only hedge plants shall be sheared. These plants may also require additional thinning to maintain
a healthy condition.
11.06 Tree trimming shall be performed with the intent of developing healthy, structurally sound trees with natural
form and proportion, symmetrical appearance, and proper vertical and horizontal clearance, according to
frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00.
11.07 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict growth of shrubbery
to area behind curbs and within planter beds by pruning.
11.08 Where needed, tree stakes [two (2) per tree] shall be pentachlorophenol treated Lodge Pole Pine. Stakes
shall be place vertically; 8 to 10 inches from the tree trunk; shall not rub against any part 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.
B.All dead, diseased and unsightly branches, vines or other growth shall be removed immediately.
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C.All groundcover areas shall be trimmed and maintained as needed to keep neat but natural edges, but at
minimum bi-weekly according to the frequencies specified in the MAINTENANCE MINIMUM
FREQUENCIES table in Section 23.00.
D.Except as specifically directed by CITY groundcover plants shall be prevented from climbing utilities,
shrubs, trees, and the like.
11.13 Remove all dead shrubs and trees. CITY shall be notified 48 hours in advance of the removal of any tree.
Trees to be removed shall have a diameter at breast height of six (6) inches or less. Trees measuring over
this diameter at breast height may be removed as "Extra Work" at the discretion of CITY.
11.14 All vegetation trimmings, fallen branches/shrubs/trees other green waste and organic debris shall be
removed and properly recycled/disposed of immediately.
11.15 Flowering plants, including, but not limited to, Agapanthus, Pelargonium, Gaura, Hemerocallis, Limonium,
Tulbaghia, and Strelitzia, shall be maintained free of excessive spent blooms, flower stalks and the like, but
at minimum bi-weekly according to the frequencies specified in the MAINTENANCE MINIMUM
FREQUENCIES table in Section 23.00. Plants shall be renovated following peak bloom, and as needed, to
produce optimum color production and plant health. Renovation methods and timing shall be as approved
by CITY.
12.00 MULCHING
12.01 A minimum three (3) inch layer of approved mulch shall be maintained by CONTRACTOR in all tree, shrub,
groundcover, dog park, and vacant pad areas. Mulch shall be placed in such a manner as to present a neat
appearance, cover all bare soil, and shall not cover plant material or the bases 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 material(s) 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 to place mulch in required areas. CONTRACTOR shall only take that amount of mulch need 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 removed and stock-pile
site is left clean and level, all to the satisfaction of CITY. CONTRACTOR shall implement appropriate and
effective BMP'S to insure storm water pollution prevention compliance for all aspects of mulching operations
at the designated site(s) and required areas of placement.
13.00 DISEASE AND PEST CONTROL
13.01 All landscaped areas shall be maintained free of disease and insects that could cause or promote damage to
plant materials including but not limited to trees, shrubs, groundcover and turf.
13.02 CITY shall be notified immediately of any disease, insects or unusual conditions that might develop.
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13.03 A disease control program to prevent all common diseases from causing serious damage shall be provided
on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a
licensed California Pest Control Advisor.
13.04 CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests. CONTRACTOR shall
arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 12-
hour period after observation by CONTRACTOR or notification from CITY.
13.05 Gophers and other rodents shall be eliminated by only appropriate, legal exterminating techniques (traps,
poison, etc.), approved by CITY.
13.06 CONTRACTOR shall collect dead animals and communicate with applicable county/state
13.07 Frequency of disease and pest control operations shall be as needed to satisfy above provisions.
14.00 PLANT MATERIALS
14.01 Plant materials shall conform to the requirements of the site specific landscape plan on file with CITY, and to
"Horticultural Standards" of American Association of Nurserymen as to variety, species, size, age, etc.
14.02 Plans of record and specifications should be consulted to ensure correct identification of species.
Substitutions may be allowed but only with the prior written approval of CITY.
14.03 Quality
A.Plants shall be sound, healthy and vigorous, free from plant disease, insect pest or their eggs, and shall
have healthy normal root systems and comply with all state and local regulations governing these
matters, and shall be free from any noxious weeds.
B.Plant materials shall be symmetrical, and/or typical for variety and species.
C.Trees shall not have been topped.
D.Roots shall not have been allowed to circle or become bound at any stage of growth.
E.All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to
quality by CITY.
14.04 Plant Materials Guarantee
CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR under this
CONTRACT which fail to establish, grow, live and remain in healthy condition, regardless of the reason for
said failure, as follows:
A.All trees shall be guaranteed for one year from the date of acceptance of the job by CITY.
B.All shrubs and ground covers shall be guaranteed for ninety (90) days from the date of acceptance of the
job by CITY.
16.00 LITTER, LEAF, AND DEBRIS CONTROL
15.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated debris as needed, but
at minimum once daily, from all areas to be maintained.
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15.02 Complete policing, litter pick up and supplemental hand sweeping of edges, corners and other areas
inaccessible to power equipment shall be accomplished as needed, but at minimum once daily, to ensure a
neat appearance.
15.03 Accumulation of leaves and debris shall be removed as needed, from all landscaped areas.
15.04 Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of
leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or
displace mulch.
15.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be
CONTRACTOR'S responsibility.
15.06 Removal of stickers and graffiti shall be conducted within two (2) hours upon observation.
15.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal.
15.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. (excluding
political/campaign signs during election seasons) as needed, but at minimum, once daily.
16.00 TURF RESEEDING/RESTORATION
16.01 Damaged, vandalized, bare, or thin turf areas shall be overseeded, plugged, or sodded as required by CITY,
to maintain turf to an acceptable quality.
16.02 Proposed treated areas shall be prepared as needed to provide an adequate soil condition for seed to
germinate and/or turf to establish. Preparation may require, as needed, aeration, dethatching, soil
amendment and tilling. Areas shall be fine graded to provide for surface drainage and to match surrounding
turf and borders.
16.03 Seed, sod, plugs, or stolons to be used and application rate shall be as approved by CITY. All seed, plug or
stolons shall be covered with an approved top dressing at a rate of one (1) cubic foot per 72 square feet or
not to exceed 1/4 inch in depth.
16.04 Repaired areas shall receive supplemental water by hand, controller cycle, or portable sprinkler as needed to
establish turf.
17.00 TRASH RECEPTACLES
17.01 All exterior trash receptacles shall be checked at least daily, according to frequencies specified in the
MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00 and emptied whenever more than 1/2 full,
and as needed to prevent objectionable odors or other unsanitary conditions.
17.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed
each time a receptacle liner is emptied.
17.03 Any liquid accumulation or other foreign matter, which may remain in a receptacle when the liner is removed,
shall be removed and washed out as needed. Inside of receptacles shall be dry when new liner is installed.
17.04 Receptacles and related appurtenances shall be cleaned as needed to avoid stains, concentrations of
insects, odors, etc.
17.05 Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if
displaced.
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17.06 Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered
with lids that are provided
17.07 CONTRACTOR shall replace trash receptacles, provided by CITY, in place of any which are rusty, dented,
graffitied, or which are otherwise unsuitable. Unsuitable receptacles shall be transported and disposed of
properly by CONTRACTOR.
18.00 TRASH AND GREEN WASTE DISPOSAL
18.01 All trash, green waste and accumulated debris shall be removed from the site, immediately upon collection
and disposed of by CONTRACTOR at a legal waste collection site, or landscape materials recycling facility,
as applicable. The cost to dispose of said trash, green waste and accumulated debris will be at
CONTRACTOR'S own expense.
19.00 SWEEPING/WASHING HARD SURFACES
19.01 Walkways, steps, picnic hard surface areas, curbs, gutters and parking lots shall be cleaned/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 23.00. If any graffiti cannot be completely
removed by cleaning/washing tasks CONTRACTOR shall immediately paint those affected surfaces with a
material approved by the 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 according to frequencies specified in the MAINTENANCE MINIMUM
FREQUENCIES table in Section 23.00.
20.00 DRINKING FOUNTAIN MAINTENANCE
20.01 Clean and disinfect drinking fountains, drain and sand trap as needed, but at minimum daily according to in
the MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00.
20.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be unclogged using a plunger or
snake shall immediately be reported to CITY.
20.03 Water supply to a leaking fixture shall be shut off when it is required.
21.00 FACILITIES AND EQUIPMENT MAINTENANCE
21.01 Damaged decorative or delineation bollards, rails and fencing — including, but not limited to concrete, chain
link, welded wire, steel post-wire, wood or vinyl coated steel post-rail, and tube steel — shall be
repaired/replaced as needed by CONTRACTOR. CITY shall provide or reimburse CONTRACTOR for
materials that exceed $6,000 per year, with CITY'S approval.
21.02 CONTRACTOR shall inspect all picnic tables, benches, slabs, barbecues, tot lots, trash receptacles, and the
like as needed, but at minimum daily, according to in the MAINTENANCE MINIMUM FREQUENCIES table in
Section 23.00. Deficiencies which are CONTRACTOR'S responsibility shall be corrected immediately. Any
other deficiency shall be reported to CITY immediately.
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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.
21.04 Ashes, partially burned charcoal, garbage and leftover food in and around cooking and picnic facilities shall
be removed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE
MINIMUM FREQUENCIES table in Section 23.00.
21.05 Picnic tables, benches, slabs, barbeques, tot lot equipment, trash/recycling receptacles, and the like shall be
washed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE
MINIMUM FREQUENCIES table in Section 23.00.
21.06 Barbecues shall be cleaned as needed, but at minimum daily, according to frequencies specified in the
MAINTENANCE MINIMUM FREQUENCIES table in Section 23.00.
21.07 Tot lots and volleyball courts shall be kept free of weeds, debris and other foreign objects at all times. Tot lot
and volleyball court sand shall be raked/rototilled to maintain a safe surface as needed, but at minimum
daily/monthly, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in
Section 23.00.
21.08 Sand is to be added to tot lots and volleyball courts by CONTRACTOR when the level gets below two (2)
inches to the top of curb, at no expense to CITY. Samples of replacement sand are to be submitted for
approval by CITY prior to installation.
21.09 Sand around the edge of the tot lots and volleyball courts shall be swept or blown as needed in order to
accomplish safety and neatness, but at minimum daily, and the sand shall be placed back in the courts and
tot lots.
21.10 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 a water broom,
and roll dried as necessary for health and safety purposes. Tennis court net shall be maintained at proper
36" height at all times. Tennis nets and basketball nets, rims and backboards shall be repaired/replaced by
CONTRATOR. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per year,
with CITY'S approval. Additionally, tennis court screens, and basketball backboards and rims, shall be
washed at CITY'S direction.
21.11 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.
21.12 All dog waste bag stations shall be kept stocked, clean, and in good condition at all times. CONTRACTOR
shall re-stock the dog waste bags at all such stations as needed, but at minimum once daily. The
maker/type of dog waste bags shall be at the approval of, and at no additional cost to, CITY.
21.13 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.
22.00 BLOCKHOUSE 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.
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22.02 Blockhouse and portable restrooms shall be re-stocked, cleaned, and unclogged by and at the expense of
CONTRACTOR, as needed to ensure safe and santitaty use by the public, but at minimum twice daily. If any
graffiti cannot be completely removed by cleaning/washing tasks, CONTRACTOR shall immediatelypaint
those affected surfaces with a material approved by the 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.
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23.00 MAINTENANCE MINIMUM FREQUENCIES
As a non-inclusive table of tasks required under this CONTRACT, the following maintenance minimum frequencies
shall apply to the referenced tasks:
Irrigation Maintenance
Testing 2
Turf Maintenance
Mowing/Edging 8
Weed Control 2
Clipping Removal 8
Fertilize 6
Aerate/Thatch 6
Pest Control 8
Visual Inspection 2
Planters & Ground Cover Maintenance
Removing Spent Blossoms 3
Trimming 3
Cultivate 3
Weed Control 2
Fertilize 6
Pest Control 8
Shrub Maintenance
Weed Control 2
Trimming 4
Fertilize 6
Pest Control 8
Tree Maintenance
Trimming 7
Fertilize 6
Re-Stake/Check 8
Pest Control 8
Hardscape Maintenance
Gutters, Curbs, Sidewalks, Roadways, 1
Miscellaneous Asphalt, Concrete and D.G. 1
Trash and Litter Pickup (incl. ash/charcoal, food, etc.) 1
Drinking Fountain Maintenance 1
Facilities & Equipment Maintenance
Damaged Bollards, Rails, & Fencing Repair/Replace. 8
Tot lots
Cleared of weeds, debris, and foreign objects 1
Raked 1
Tot lots Tilled 4
Inspections 1
Washing Picnic Tables and Benches 1
Cleaning Barbecues 1
Volleyball, Tennis and Basketball Courts i
daily 1
weekly 2
bi-weekly 3
monthly 4
bi-monthly 5
quarterly 6
semi-annually 7
as needed 8
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CATEGORY D — PASSIVE PARKS & FACILITIES LANDSCAPE MAINTENANCE
PASSIVE PARKS - COASTAL
Item # Description
PREVAILING WAGE
Mo. Subtotal $ Annual Total $
D1 Cannon Park $1,690.00
(Monthly)
$20,280.00
(Extended Amt.)
D2 Frazee/Tamarack State Beach — sea wall and
East $6,405.00
(Monthly)
$76,860.00
(Extended Amt.)
D3 Magee Park $2,481.00
(Monthly)
$29,772.00
(Extended Amt.)
D4 Maxton Brown Park $925.00
(Monthly)
$11,100.00
(Extended Amt.)
PASSIVE PARKS
Item # Description
PREVAILING WAGE
Mo. Subtotal $ Annual Total $
D5 Buena Vista Reservoir Park (with NTP) $1881.00
(Monthly)
$22,572.00
(Extended Amt.)
D6 Cadencia Park $1,406.00
(Monthly)
$16,872.00
(Extended Amt.)
D7 Car Country Park $606.00
(Monthly)
$7,272.00
(Extended Amt.)
D8 Harold E. Smerdu Community Garden* (w/ NTP) $295.00
(Monthly)
$3,540.00
(Extended Amt.)
D9 Hidden Canyon Park (including A.D.L. Dog Park) $3,617.00
(Monthly)
$43,404.00
(Extended Amt.)
D10 Holiday Park $7,497.00
(Monthly)
$89,964.00
(Extended Amt.)
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D11 Hosp Grove Park $4,650.00
(Monthly)
$55,800.00
(Extended Amt.)
D12 La Costa Canyon Park $2,784.00
(Monthly)
$33,408.00
(Extended Amt.)
D13 Laguna Riviera Park $2,938.00
(Monthly)
$35,256.00
(Extended Amt.)
D14 Leo Carrillo Ranch Historic Park (w/ NTP) $6,914.00
(Monthly)
$82,968.00
(Extended Amt.)
D15 Oak Park $279.00
(Monthly)
$3,348.00
(Extended Amt.)
016 Pio Pico Park $313.00
(Monthly)
$3,756.00
(Extended Amt.)
D17 Skate Park $1,016.00
(Monthly)
$12,192.00
(Extended Amt.)
FACILITIES LANDSCAPES
Item # Description
PREVAILING WAGE
Mo. Subtotal $ Annual Total $
D18 Arts Office $392.00
(Monthly)
$4,704.00
(Extended Amt.)
D19 City Hall $1,831.00
(Monthly)
$21,972.00
(Extended Amt.)
D20 City Administration Building $1,277.00
(Monthly)
$15,324.00
(Extended Amt.)
D21 Dove Library $1623.00
(Monthly)
$19,476.00
(Extended Amt.)
D22 Farmers Insurance Building $1,919.00
(Monthly)
$23,028.00
(Extended Amt.)
D23 Fire Station #1 $231.00
(Monthly)
$2,772.00
(Extended Amt.)
D24 Fire Station #2 $205.00
(Monthly)
$2,460.00
(Extended Amt.)
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D25 Fire Station #3 $183.00
(Monthly)
$2,196.00
(Extended Amt.)
D26 Fire Station #4 $387.00
(Monthly)
$4,644.00
(Extended Amt.)
D27 Fire Station #5 $1,119.00
(Monthly)
$13,428.00
(Extended Amt.)
D28 Fire Station #6 $300.00
(Monthly)
$3,600.00
(Extended Amt.)
D29 Georgina Cole Library $1,182.00
(Monthly)
$14,184.00
(Extended Amt.)
D30 Harding Community Center $665.00
(Monthly)
$7,980.00
(Extended Amt.)
D31 Hawthorne Property $393.00
(Monthly)
$4,716.00
(Extended Amt.)
D32 Las Palmas Building $436.00
(Monthly)
$5,232.00
(Extended Amt.)
D33 Learning Center $229.00
(Monthly)
$2,748.00
(Extended Amt.)
D34 Maintenance & Operations Building $811.00
(Monthly)
$9,732.00
(Extended Amt.)
D35 Monroe Street Pool $518.00
(Monthly)
$6,216.00
(Extended Amt.)
D36 Parks Administration Building $426.00
(Monthly)
$5,112.00
(Extended Amt.)
037 Safety Center/Fleet Maintenance Building $2,410.00
(Monthly)
$28,920.00
(Extended Amt.)
D38 Senior Center $1,475.00
(Monthly)
$17,700.00
(Extended Amt.)
D39 Streets & Facilities Maintenance Building $312.00
(Monthly)
$3,744.00
(Extended Amt.)
D40 **Extra Work Stipulated
Amt.
$125,000.00
(Annual Amt.)
Column
Total: 893,252.00
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RESOLUTION NO. 2021-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING AN AGREEMENT FOR PARKS MAINTENANCE
SERVICES, WORK CATEGORY E — STREETSCAPES, MEDIANS AND
PARKWAYS AND WORK CATEGORY F — UNDEVELOPED PARKS, URBAN
FORESTS AND TRAILHEADS / PLANTERS, TO BRIGHTVIEW LANDSCAPE
SERVICES, IN AN AMOUNT NOT TO EXCEED $1,079,056 PER YEAR,
DURING THE INITIAL TWO-YEAR TERM OF THE AGREEMENT
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 & 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 June 14, 2017, based on the results of Request For Bids (RFB) No. 17-03, Parks
Maintenance Services, the City Council awarded an agreement to Park West Landscape Management
(Park West) for Work Categories D — Passive Parks and Facilities Landscapes, E —Streetscapes, Medians
and Parkways and F — Undeveloped Parks, Urban Forests and Trailheads / Planters; and
WHEREAS, the agreement was awarded for an initial two-year term, with two additional two-
year extension terms available; and
WHEREAS, the first two-year term extension was executed on June 11, 2019.; and
WHEREAS, based on a need to update the scope of work for all three categories, the final two-
year extension was not executed; and
WHEREAS, based on that determination, staff advertised a RFB for Parks Maintenance Services
Scope of Work Categories D, E & F (RFB 21-03) on Jan. 29, 2021; and
WHEREAS, on March 12, 2021, eighteen bids were received in response to RFB No. 21-03; and
May 11, 2021 Item #2 Page 56 of 131
WHEREAS, staff performed a best value evaluation of bids, based on five pre-established
weighted criteria and determined Brightview Landscape Services to be the best value vendor for
Category E — Streetscapes, Medians and Parkways and Category F — Undeveloped Parks, Urban Forests
and Trailheads / Planters and;
WHEREAS, the proposed agreement with Brightview for Parks Maintenance Services, Work
Categories E and F, reflects an increase of $112,630 in the annual not to exceed amount, over the
current agreement with Park West; 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
expansion of service hours and locations; and
WHEREAS, staff will be requesting an incremental budget increase to the fiscal year 2021-2022
budget process to be included in the Parks Maintenance operating budget and the Medians
Maintenance District budget; and
WHEREAS; staff will coordinate the transition of services from Park West to Brightview between
the award of contract and the commencement of services on June 13, 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.
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.
May 11, 2021 Item #2 Page 57 of 131
2.That the Mayor is authorized and directed to execute the agreement with Brightview
Landscape Services for Parks Maintenance Services, Scope of work Category E —
Streetscapes, Medians and Parkways and Category F — Undeveloped Parks, Urban
Forests and Trailheads / Planters, in an amount not-to-exceed $1,079,056 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 $1,079,056 per year, which may be adjusted in accordance with
Section 5 of the agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of May, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None,
MATT HALL, Mayor
rfr\ v
BARBARA ENGLESON, City Clerk
(SEAL)
CAbb . ...... •
-- •
May 11, 2021 Item #2 Page 58 of 131
Attachment A
AGREEMENT FOR PARKS MAINTENANCE SERVICES
WORK CATEOGORY E — STREETSCAPES, MEDIANS & PARKWAYS
WORK CATEGORY F — UNDEVELOPED PARK SITES, URBAN FORESTS & TRAILS
BRIGHT VIEW LANDSCAPE SERVICES
THIS AGREEMENT is made and entered into as of the day of
, 20, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and BrightView Landscape Services, a California Corporation,
("Contractor").
RECITALS
A.City requires the professional services of a private contractor to perform parks
maintenance services within the City's streetscapes, medians, and parkways; and within the City's
undeveloped park sites, urban forests, and trails; and
B.Contractor has the necessary experience in providing professional services and
advice related to 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
two million one hundred fifty-eight thousand one hundred twelve dollars ($2,158,112). 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 seventy-nine thousand fifty-six dollars ($1,079,056) per Agreement year. 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".
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Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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.
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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 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.
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Contractor shall furnish all labor, equipment, and means required and shall carry out effective measures whenever and as often as necessary to prevent its operation from producing dust in
amounts damaging to property, cultivated vegetation, domestic animals, or causing a nuisance to persons living or occupying buildings in the vicinity of where the Services are being performed. Contractor shall be responsible for any damage resulting from any dust originating from its
operations. The dust abatement measures shall be continued until the Contractor has concluded performing its Services. Contractor shall not be entitled to extra compensation for the cost of dust abatement measures as such cost was included in Contractor's bid.
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:
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13.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City.
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
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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 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 David Howell
Title Parks Services Manager Title Vice President, General Manager
Department Parks & Recreation Address 6218 Fairmount Avenue
City of Carlsbad San Diego, CA 92120
Address 799 Pine Avenue, Suite 200 Phone No. 619-281-8887
Carlsbad, CA 92008 Email david.howell@brightview.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
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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. 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
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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
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
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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.
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
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Contractor under this clause, there shall be deducted:
A. All unliquidated advance or other payments to the Contractor under the terminated portion
of this Agreement;
B. Any claim which the City has against the Contractor under this Agreement; and
C. The agreed price for, or the proceeds of sale of, materials, supplies, or other things
acquired by the Contractor or sold under the provisions of this clause and not recovered by or credited to the City.
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
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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,
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
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Proposal, Response to Request for Proposal, Amendment(s) to Agreement, or any other documents, the inconsistency shall be resolved by giving precedence in the following order:
A. Agreement Amendment(s)
B. Agreement
C. Response to Request for Bids
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
(print name/title)
ATTEST:
By:
(sign here) BARBARA ENGLESON
City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A 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: _____________________________ Deputy City Attorney
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EXHIBIT “A” SCOPE OF SERVICES Category A Overall – Applicable To Each Scope Of Work Category
PART I – GENERAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
2.0 REQUIRED CERTIFICATIONS/LICENSES
3.0 CONTRACTOR’S STAFF AND TRAINING
4.0 HOURS AND DAYS OF MAINTENANCE SERVICES
5.0 MAINTENANCE SCHEDULES
6.0 EXPANDED SCOPE OF CONTRACT
7.0 PAYMENT AND INVOICES
8.0 WORK BY OTHER FORCES
9.0 EXTRA WORK
10.0 EQUIPMENT
11.0 PERFORMANCE DURING INCLEMENT WEATHER
12.0 COMMUNICATIONS AND EMERGENCY RESPONSE
13.0 INSPECTIONS, MEETINGS AND REPORTS
14.0 DAMAGES CAUSED BY CONTRACTOR
15.0 ENFORCEMENT AND DEDUCTIONS
16.0 SAFETY
17.0 TRAFFIC CONTROL
18.0 NON-INTERFERENCE - NOISE
19.0 USE OF CHEMICALS
20.0 DISPOSAL
21.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
22.0 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
23.0 PROVISIONS FOR EMERGENCIES
24.0 RECORDS/REPORTS
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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
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background checks have been conducted on all personnel directly performing Services under this CONTRACT (which shall include but not be limited to, all such persons who shall come on to the
premises at any CITY facility or in any CITY park or public rights-of-way in the performance of their duties or tasks). CONTRACTOR shall be responsible for ensuring that federal, state and county of residence criminal background checks – via Livescan or equivalent means, as approved by the CITY
- are conducted on all personnel providing Services or work under this CONTRACT, prior to their commencement of Services under this CONTRACT, and shall exclude from any direct participation in the performance 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
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changes of attire shall be provided to present a neat and clean appearance of CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR’S personnel
shall be equipped with proper shoes and other gear required by Cal-OSHA and other State safety regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic.
3.08 CONTRACTOR shall designate a person (Contract Manager) who can communicate effectively both in written and oral English and who shall be present at all times during CONTRACT operations as
described in this CONTRACT. Any order or communication given to CONTRACTOR's Contract
Manager shall be deemed as delivered to CONTRACTOR.
3.09 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. The exception shall be that from April 15 through October 31, on Work Category D, Passive Parks – Coastal, and
Work Category E – Streetscapes, the hours of maintenance service shall be extended from 4:00 p.m. to 8:00 p.m. daily for those sites and until 10pm on Memorial Day weekend (Friday through Monday), Fourth of July (including days before and after dependent on day of holiday) and Labor Day weekend
(Friday through Monday) No other 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.
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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. 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 # – Streetscapes:
Location Account Number Monthly Cost
Downtown Public Rights of Way 1615024-7550 $(AMOUNT) Downtown Public Parking Lots Carlsbad Blvd. Public Rights of Way
Downtown Beach Accesses El Camino Real Public Rights of Way Elmwood Street Rights of Way
Palomar Airport Road Triangle Palomar Point Way Rights of Way TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Medians:
Location Account Number Monthly Cost Alga Road 1615024-7550 $(AMOUNT) Aviara Parkway Cannon Road
Carlsbad Boulevard Carlsbad Village Drive
College Boulevard El Camino Real Faraday Avenue
La Costa Avenue
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Melrose Drive
Palomar Airport Road Paseo Del Norte
Poinsettia Lane Rancho Santa Fe Road/Olivenhain Road Non-Arterial Roads (Inclusive) TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Parkways:
Location Account Number Monthly Cost Alga Road 0014610-7550 $(AMOUNT) Cannon Road
Carlsbad Boulevard Carlsbad Village Drive College Boulevard
El Camino Real Faraday Avenue La Costa Avenue
Melrose Drive Palomar Airport Road Paseo Del Norte
Poinsettia Lane Rancho Santa Fe Road/Olivenhain Road
Non-Arterial Roads (Inclusive)
TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Undeveloped Parks:
Location Account Number Monthly Cost 0014610-7550 $(AMOUNT) Cannon Lake Park
Robertson Ranch Park Veterans Memorial Park Zone 5 Park
TOTAL MONTHLY COST $(AMOUNT) Invoice # – Urban Forest:
Location Account Number Monthly Cost
0014610-7550 $(AMOUNT) Batiquitos Drive Slopes
Hosp Grove Forest Woodbine Banks
TOTAL MONTHLY COST $(AMOUNT)
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Invoice # – Trailheads/Planters:
Location Account Number Monthly Cost
Coastal Rail Trailheads/Planters 0014620-7550 $(AMOUNT) Hosp Grove Trailheads Agua Hedionda Lagoon Trailheads
The Crossings Trailhead Lake Calavera Trailheads Village H South Trailheads
Hidden Canyon / Dog Park Trail
TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Extra Work:
Location Account Number Monthly Cost
TBD by City Request TBD by Work Area $(AMOUNT)
TOTAL MONTHLY COST $(AMOUNT)
7.03 Invoices for approved “Extra Work” shall be in a format acceptable to CITY, including attachments, such as copies of suppliers’ invoices, which CITY may require to verify CONTRACTOR’S billing.
Invoices for extra work shall be submitted on separate invoices. Unless otherwise requested by CITY, one invoice shall be submitted for each distinct and complete item of “Extra Work”.
7.04 In the event CITY transfers title or maintenance responsibility of the premises or a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of CITY, may be deleted from the premises to be maintained and the CONTRACT sum shall be reduced accordingly.
8.00 WORK BY OTHER FORCES
8.01 In the event that CITY determines that work requested is of an unknown duration, not easily quantified or CONTRACTOR'S 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
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• 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.
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
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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.
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.
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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.
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
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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.
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,
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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 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.
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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 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
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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 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
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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.
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.
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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 E
Streetscapes, Medians, and Parkways
PART I – GENERAL SPECIFICATIONS
1.0 STREETSCAPES, MEDIANS, AND PARKWAYS TO BE MAINTAINED
PART II – TECHNICAL SPECIFICATIONS
2.0 MOWING
3.0 TURF AND GROUNDCOVER EDGING
4.0 AERIFICATION
5.0 RENOVATION
6.0 WATER AND IRRIGATION
7.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING
8.0 FERTILIZATION
9.0 WEED CONTROL
10.0 TREE, SHRUB AND GROUNDCOVER MAINTENANCE
11.0 MULCHING
12.0 DISEASE AND PEST CONTROL
13.0 PLANT MATERIALS
14.0 LITTER, LEAF, AND DEBRIS CONTROL
15.0 TURF RESEEDING/RESTORATION
16.0 TRASH RECEPTACLES
17.0 TRASH AND GREEN WASTE DISPOSAL
18.0 SWEEPING/WASHING HARD SURFACES
19.0 DRINKING FOUNTAIN MAINTENANCE
20.0 FACILITIES AND EQUIPMENT MAINTENANCE
21.0 MAINTENANCE MINIMUM FREQUENCIES
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PART I GENERAL SPECIFICATIONS 1.00 STREETSCAPES, MEDIANS, AND PARKWAYS TO BE MAINTAINED
1.01 The streetscapes, medians, and parkways to be maintained under the provisions of this CONTRACT are located at the following areas:
Streetscapes
Site Name Location Address
Downtown Public Rights of Way 1. Bounded by I-5 Freeway. to the East, Ocean Street to
the West, Oak Avenue to the South, and Laguna Drive
to the North
Downtown Public Parking Lots 1. Washington Street
2. Garfield Street
3. Roosevelt Street
4. State Street
5. Carlsbad Village Drive
Carlsbad Boulevard Rights of Way 1. Tamarack Avenue to Cannon Road (Both sides)
Downtown Beach Accesses 1. Oak Avenue
2. Carlsbad Village Drive
3. Grand Avenue
4. Christiansen Way
5. Beech Avenue
6. Cypress Avenue
7. Rue Des Chateaux / Mountain View Drive Point
El Camino Real Public ROWs 1. Chestnut Avenue Intersection (NW and SW corner)
Elmwood Street Rights of Way 1. Laguna Drive N. to end of vacant lots (Both sides)
2. Chestnut Avenue to Cannon Road (West side)
Palomar Airport Road Triangle 1. Carlsbad Blvd. Intersection (SW corner to Solamar)
Palomar Point Way Rights of Way 1. College Blvd. to end of Cul-de-sac (South Side)
Melrose Drive Triangle 1. Rancho Santa Fe Road Intersection (NW corner)
14 Subtotal Approx. Acres
Medians
Site Name Location Address
Alga Road 1. El Camino Real to Melrose Drive
Altisma Way* 1. Alicante Road to Caringa Way
Avenida Encinas* 1. Palomar Airport Road to Cannon Road
2. Poinsettia Lane to crib wall
Aviara Parkway 1. Palomar Airport Road to Poinsettia Lane
2. Mimosa Drive to El Camino Real
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Bienvenida Circle* 1. End of cul de sac
Calle Barcelona* 1. At Eastern intersection of Woodfern Lane
Cannon Road 1. 1-5 to College Blvd.
2. At R/R Crossing
Carlsbad Boulevard 1. Cannon Road to Northern limits of City
2. Palomar Airport Road to La Costa Avenue (including 2’
off roadway)
Carlsbad Village Drive 1. Carlsbad Boulevard to Pio Pico Drive
2. Tamarack Avenue to College Boulevard
3. El Camino Real to Avenida De Anita
Chestnut Avenue* 1. Celinda Drive to El Camino Real
College Boulevard 1. Palomar Airport Road to Aston Ave.
2. Cannon Road to Northern limits of City
El Camino Real 1. Highway 78 to Southern limits of City
Faraday Avenue 1. Cannon Road to Camino Hills Drive
2. At Western intersection Orion Street
Grand Avenue* 1. Carlsbad Boulevard to Roosevelt Street
Jefferson Street* 1. Marron Road Intersection
La Costa Avenue 1. El Camino Real to I-5 Freeway
2. At southern intersection of Rancho Santa Fe Road
Las Flores Drive* 1. Las Flores Dr. at Highland
Madison Street* 1. Grand Avenue to Carlsbad Village Drive
Melrose Drive 1. Rancho Santa Fe Road to Lionshead Avenue
Mountain View Drive* 1. Ocean Street. Intersection
Palomar Airport Road 1. 1-5 to Business Park Drive
Paseo Del Norte 1. Cannon Road to Palomar Airport Road
Poinsettia Lane 1. Carlsbad Boulevard to Eastern end of constructed road
2. Mica Road to Melrose Drive
Rancho Santa Fe Rd./Olivenhain Rd. 1. Olivenhain Road to Calle Acervo
2. El Camino Real to La Costa Avenue
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3. San Elijo Road to Melrose
Roosevelt Street* 1. Carlsbad Village Drive to Grand Avenue
Tamarack Avenue* 1. Jefferson Street to Sheridan Place
2. At R/R Crossing
68 Subtotal Approx. Acres
Parkways
Site Name Location Address
Acacia Avenue* 1. End of cul-de-sac
(Around and in front of street barrier at end of street)
Adams* 1. Hoover Street (East side – 3 foot width)
2. Highland to Park Drive
(both sides – 3 foot width)
Alga Road (undeveloped areas only) 1. Alicante to El Fuerte Street
(Both sides – 2 feet in from gutter line where there is no
sidewalk and 6 feet in from gutter line where there is
sidewalk.)
2. Paseo Abrazo to Xana Way
(South side – 3 foot width)
Arenal Road* 1. El Camino Real to Columbine Drive
(Both sides – 10 foot width)
Alicante Street* 1. Altisma Way and Altiva Place
(North side – 1 foot width)
Altisma Way* 1. 2404 Altisma Way to Alicante Street
(East side – 1 foot width)
Altiva Place* 1. 7435 Altiva Place to Alicante Street
(West side – 1 foot width)
Avenida Encinas* 1. Longberry Drive to Windsor Circle
(NE side – 3 foot width, including crib wall)
2. North of 5850 Avenida Encinas north to business park
(East side – 1 foot width)
3. Palomar Airport Road south to NCTD train station
(West side – 2 foot width)
Batiquitos Drive* 1. North and south of Poppy Lane
(East side – 10 foot width)
2. Poinsettia Avenue south to HOA landscaped area at
Gabbiano Lane (West side – 2 foot width)
Buena Vista Circle 1. NE side of road after intersection w/ S Buena Vista Cir.
Calle Barcelona* 1. Woodfern Lane to “Leaving Carlsbad” sign
(West side – 6 feet in from gutter-line)
Camino de los Coches* 1. South of La Costa Avenue to HOA landscape
(East side – 2 feet back from sidewalk)
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Cannon Road
(undeveloped areas only)
1. Car Country Drive to Faraday Avenue
(South side – 2 feet in from gutter line where there is no
sidewalk, and 6 feet in from gutter line where there is
sidewalk)
2. Strawberry Fields to El Camino Real
(North side - 2 feet in from gutter line where there is no
sidewalk;6 feet in from gutter line where sidewalk)
3. Cannon Lake to R.R. tracks
(South side – 20 foot width)
Canyon Road* 1. End of cul de sac - Entire access to Carlsbad Village Dr.
Carlsbad Boulevard 1. Corner of Breakwater Drive (East side – 15 foot width)
2. Buena Vista Lagoon bridge to Laguna Drive
(Both sides – 2 feet in from gutter line)
3. Palomar Airport Road to La Costa Avenue
(Both sides – 2 feet in from gutter line)
4. Pine Avenue to inlet at Agua Hedionda Lagoon
(West side – 1 foot back from metal fence/sidewalk)
5. Cannon Road Intersection North to End of Wall
(From road to block wall)
6. Island Way south to behind 6503 Surfside Lane
(East side – back of curb to block wall)
Carlsbad Village Drive 1. Highland Drive to Valley Street
(South side – 3 foot width)
2. Pontiac Drive to Village H South eastern boundary
(South side – 3 foot width North side from Eucalyptus
grove to HOA boundary)
3. Avenida de Anita to Concord Street Intersect
(North side – 3 foot width)
4. Donna Drive to Celinda Drive
(South side – gutter line to wall)
5. Donna Drive to Rising Glen Apartments entry
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(North side – 6 feet in from gutter line)
6. Santa Clara Way to Pontiac Drive
(South side – 2 foot width)
7. Undeveloped area east of Concord to trail entrance /
Eucalyptus trees (North side – 3 foot width)
8. Fire Station 1 parking lot east to maintained landscape
(South side – 3 foot width)
Chestnut Avenue* 1. Highland Drive to El Camino Real
(South side – to fence)
2. Celinda Drive to Seaview Way
(North side undeveloped areas – 3 foot width)
College Boulevard 1. El Camino Real east to Sunny Creek Road
(North side – 2 foot width)
2. Palomar Point Way south to developed areas
(Both sides – 1 foot width)
Cougar Drive* 1. North east corner dirt of El Camino Real east to HOA
landscape (Corner and North side – 3 foot width)
Daisy Avenue* 1. Behind 902 Orchid Way to Primrose Way
(South side – 1 foot width)
El Camino Real 1. Carlsbad Village Drive to Tamarack Avenue
(Both sides – 6 feet in from gutter line)
2. Alga Road to bridge
(West side – 6 feet in from gutter line)
3. Alga Road to Arenal Lane
(East side – 2 feet in from gutter line)
4. Tamarack Avenue to Chestnut Avenue
(East side – 2 foot width)
5. South of Crestview Drive to Cannon Road
(West side – back of sidewalk to chain link fence)
6. College Boulevard to Rancho Carlsbad Golf Course
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(East side – 3 foot width)
7. Aviara Parkway to Arenal Road
(West side – 3 foot width)
8. Arenal to La Costa Avenue
(West side – 6 feet back of curb; 3 feet back of sidewalk)
9. Palomar Airport Road to Orion (both sides – sidewalk
+2’)
Estrella de Mar* 1. Condo landscape, south to first home
(West side – 2 feet in from gutter line)
2. Pacifico Road south to 7243 Estrella de Mar
(curb to chain link fence)
Faraday Avenue 1. Cannon Road to Carlsbad Research Center including
desal pump station landscape
(Both sides – 6 feet in from gutter line)
Franciscan Road* 1. Entrance at end of cul-de-sac to Poinsettia NCTD train
station (Both sides of walkway – 1 foot width)
Haymar Dr.* (West of College Blvd.) 1. El Camino Real to end of cul-de-sac
(North side – 3 foot width) (South side – 3 foot width
commencing at end of shopping center)
Hemlock Avenue* 1. End of cul-de-sac
(Around and in front of street barrier at end of street)
Hidden Valley Road* 1. 6005 Hidden Valley Road to Turnstone Road
(South side – 3 foot width)
Jefferson Street* 1. Bridge over I-5 Freeway. to Marron Road
(Both sides – 2 feet in from gutter line)
Juniper Avenue* 1. End of cul-de-sac
(Around and in front of street barrier at end of street)
La Costa Avenue 1. I-5 to El Camino Real
(Both sides – 6 foot width)
Levante Street* 1. Anillo Way to Escenico Terrace
(East side – 6 feet in from gutter line)
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2. Caminito Monarca to Reposado Drive
(West side – 6 feet in from gutter line)
3. Empty lot next to 3028 Levante Street
(Back of sidewalk to chain link fence)
Longview Drive* 1. Chestnut Avenue to end of cul-de-sac
(West side – 2 foot width)
Manzanita Street* 1. 1850 Tule Court north to start of maintained landscape
(3 foot width)
Manzano Drive* 1. Carlsbad Boulevard east to end of street
(South side – 2 foot width)
Marron Road* 1. Monroe Avenue to bank parking lot
(South side – 8 feet in from gutter line)
Melrose Drive 1. Corintia Street to Rancho Santa Fe Road
(Both sides, including NW corner of Corintia Street)
Monroe Street* 1. Carlsbad Village Drive north to HOA property/tract
entrance (West side – 3 foot width)
Palomar Airport Road 1. 24 Hour Fitness to Camino Vida Roble
(Both sides 2 feet in from gutter line where there is no
sidewalk;6 feet in from gutter line where sidewalk)
2. Avenida Encinas to I-5 North Ramps (Both Sides –
Sidewalk +2’)
3. El Camino to Starbucks (North side – sidewalk +2’)
Park Drive* 1. South west corner and South east corner of Highland
Drive (3 foot width – 30 foot length on each corner)
2. Next to scoped areas and block retaining wall, south of
Bruce Road (East side – 1 foot width)
Paseo del Norte 1. Next to open space 6130 Paseo del Norte south to
apartment complex (East side – 3 foot width)
Pio Pico Drive* (undeveloped areas
only)
1. Las Flores Drive to Tamarack Avenue
(West side – gutter line to fence)
Poinsettia Lane 1. Batiquitos Drive to Sumac Lane
(South side – to fence)
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2. Avenida Encinas to Isthmus and I-5 ramps sidewalk +2’’
(Both sides)
3. Aviara Parkway to end of sidewalk
(South side – 6 feet in from gutter line North side past
Brigantine through open space)
Polly Lane* 1. Tamarack Avenue to end of street
(West side – 3 foot width)
Ponto Drive* 1. Avenida Encinas, north to end of Street where
development begins (Both sides – 2 foot width)
2. Breakwater north to end of Street in front of Lanakai
Mobile Home Park (Both sides – 2 foot width)
Rancho Santa Fe Rd./Olivenhain Rd. 1. La Costa Avenue to Paseo Lupino
(West side – to bottom of slope)
2. Melrose Drive to old San Elijo Road
(Both sides, including NE corner to La Costa Meadows
Drive and SW corner of Melrose Drive)
3. OMWD office to Avenida La Cima
(West side – 6 feet in from gutter line)
4. La Costa Avenue to Camino Junipero
(East side – 2 feet in from gutter line)
5. Northern entrance to Fire Station 6 south to HOA
landscaping (West side – 2 feet back from sidewalk; up
to chain link fencing)
6. North of Camino Junipero/HOA landscaping to Avenida
Soledad (East side – 2 feet back from sidewalk; up to
chain link fencing)
7. Undeveloped area at Olivenhain Road to Las Olas Court
(West side – 2 feet from sidewalk)
8. Avenida Aragon to Camino de los Coches
(East side – 2 feet from sidewalk)
9. South east corner of La Costa Avenue
(Both sides of corner – 3 feet from sidewalk)
Tamarack Avenue* 1. Jefferson Street to Linmar Lane
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(North side - to fence)
2. Skyline Road to High Ridge Avenue
(Both sides – 20 foot width, including crib walls)
3. Coastal Rail Trail Entrance
(NE corner – 10 foot width)
4. El Camino Real to Edinburgh Drive
(South side – 6 feet in from gutter line)
5. I-5 on/off ramps (sidewalk +2’)
Vancouver Street* 1. Intersection of Concord Street
(North side – 3 foot width)
Washington Street* 1. Pine Avenue to Chestnut Avenue
(East side – 3 foot width)
8 Sub. Approx. Acres
90.0 TOTAL ACRES (STREETSCAPES, MEDIANS, AND PARKWAYS)
Dimensions listed are for estimating purposes only. Investigation & measurement is up to CONTRACTOR. * CONTRACTOR is to account for sites as Non-Arterial Roads
1.02 CONTRACTOR acknowledges personal inspection of the areas, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition and physical condition at time of CONTRACT award, and agrees to make no
demands upon CITY for any improvements or alterations thereof.
May 11, 2021 Item #2 Page 98 of 131
PART II
TECHNICAL SPECIFICATIONS 2.00 MOWING
2.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain.
2.02 Turf shall be mowed with a mower appropriate to the particular turf type being mowed. Equipment shall be properly maintained, clean, adjusted, and sharpened.
2.03 All mowing equipment shall be thoroughly washed following each mowing operation and prior to being
transported to any other site.
2.04 Mow and maintain turf to the following height ranges:
A. Bermuda: 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.
2.05 Mowing operations shall be scheduled Monday through Friday.
2.06 Walkways shall be cleaned immediately following each mowing.
2.07 Mowing operations shall be scheduled at times of low public use.
2.08 Frequency of mowing shall be as often as needed to satisfy above provisions.
3.00 TURF AND GROUNDCOVER EDGING
3.01 All turf edges shall be kept neatly edged. All grass invasions into adjacent areas shall be eliminated.
3.02 String trimmers shall not be used to trim immediately around trees. Turf and groundcover shall be maintained a minimum of one (1) foot from the trunks of trees by use of appropriate chemicals or hand
trimming.
3.03 A 36-inch diameter circle shall be maintained around young trees with immature bark or a diameter at breast height of less than 6 inches. Circles may include a watering basin, and/or a 2-inch deep layer of mulch,
where appropriate. Circles shall be kept free of weeds and grasses by use of appropriate chemicals or hand trimming.
3.04 Turf and groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park
equipment and other obstacles; and around sprinklers, to provide optimum water coverage.
3.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion.
3.06 Walkways shall be cleaned immediately following each edging.
3.07 Frequency of mechanical edging of turf shall be as often as needed to satisfy the above provisions.
3.08 Frequency of ground cover edging shall be as often as needed to satisfy the above provisions, but at a minimum weekly.
May 11, 2021 Item #2 Page 99 of 131
4.00 AERIFICATION
4.01 Aerate all turf areas by using a device that removes cores to a depth of two (2) inches at not more than six (6) inch spacing.
4.02 CONTRACTOR shall assure that turf areas to be aerified are properly and evenly moist prior to aerification
operation.
4.03 Remove or shred cores so that they are not unsightly or a nuisance.
4.04 CONTRACTOR shall flag all irrigation heads, valve boxes, quick-couplers, and the like, prior to commencing
aeration operations. CONTRACTOR shall be responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and other equipment.
4.05 Aerification of turf areas shall be as often as needed to ensure top quality, healthy, and lush turf, but at
minimum quarterly.
5.00 RENOVATION
5.01 CONTRACTOR will renovate the turf areas one (1) time per year according to a schedule established by CITY.
A. Turf shall be drop-cut/mowed at a maximum of 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 inch. Clippings shall be removed with a turf sweeper. Clippings in areas which are not
accessible to the turf sweeper may be removed by means of thorough raking.
C. Turf areas shall be aerified as specified in Section 4.00 AERIFICATION.
D. Turf, on all athletic fields and on other areas that are damaged, vandalized, bare or thin in the
determination of CITY, shall be repaired as specified in Section 15.00 TURF RESEEDING /
RESTORATION.
E. Turf areas shall be fertilized as specified in Section 8.00 FERTILIZATION.
5.02 If CONTRACTOR feels that supplemental renovation is needed, he shall notify CITY prior to proceeding.
6.00 WATERING AND IRRIGATION
6.01 All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves.
6.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and
capable of performing proper programming and operation of the irrigation systems.
6.03 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY
immediately of any deficiencies in irrigation at these sites.
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6.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month.
6.05 Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task.
6.06 Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY’S water conservation ordinance.
6.07 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours.
6.08 Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be
damaged by mowing or other traffic.
6.09 No irrigation shall be done during periods of measurable rain without prior written approval of CITY.
6.10 CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged
due to excessive or insufficient watering.
7.00 IRRIGATION MAINTENANCE, REPAIR AND TESTING
7.01 CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $500 per month, with CITY’S approval. Documentation supporting the reimbursement request shall be provided at the request of CITY.
7.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts, heads, or other equipment replacements, as described in Section 7.01) for maintenance 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, etc., master valves)
D. Pumps and flow sensors
E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like)
F. Backflow devices
G. Pressure regulators
7.03 CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment.
7.04 Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or
landscaping, or if the repair is otherwise deemed urgent by CITY.
7.05 Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by CITY prior to any installation thereof.
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7.06 CONTRACTOR’S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR’S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three crew members.
7.07 CONTRACTOR’S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote valve actuator.
7.08 Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker
any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs.
7.09 CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation
system.
7.10 During irrigation testing CONTRACTOR shall:
A. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and
erosion, and prevention of excessive overspray onto adjacent areas.
B. Check for, and correct all leaks, including pipes, risers, seals, turrets, etc.
C. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to
manufacturer’s specifications.
D. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating
pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging.
E. Check valve boxes and covers. Repair or replace as needed. Replace and secure cover bolts as
needed.
F. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices
including in-head check devices.
7.11 Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported,
including effected valve station(s) and other pertinent details, to CITY. Said reporting may be verbal or in writing at the discretion and to the satisfaction of CITY.
7.12 In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as
necessary when damage is suspected, observed or reported.
7.13 CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage.
7.14 All valve boxes shall be identified with heat-branded markings.
7.15 CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, 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.
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7.16 Frequencies of irrigation testing shall be weekly or more frequently if problems or conditions indicate a need.
8.00 FERTILIZATION 8.01 Products and rates of application shall be determined by CITY.
8.02 CONTRACTOR shall include scheduling of fertilizations on an annual calendar, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00, and for school sites, noticing in accordance with all provisions of the Safe Schools Act.
8.03 CONTRACTOR shall give written notice to CITY at least three (3) City business days in advance of fertilizer application at a given site.
8.04 CONTRACTOR shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall
be retained on the site for CITY’S inspection and shall be removed promptly following inspection.
8.05 Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface.
8.06 Turf, trees, shrubs and groundcover areas shall be fertilized as often as necessary to ensure top quality,
healthy, and lush material but at minimum quarterly.
9.00 WEED CONTROL
9.01 All areas shall receive diligent control of weeds by employing all industry-recognized, legal methods, as approved by CITY.
9.02 The following areas shall be kept weed free: turf, shrub areas, ground cover beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with ornamental rock or mulch.
9.03 For sites adjacent to schools, noticing of all chemical applications shall be in accordance with all provisions of the Safe Schools Act.
9.04 Chemical applications shall be done as needed. Weeds, which grow from, or spread by, underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete. Notification of spraying shall be made in writing to CITY at least three (3) business days prior to spraying.
9.05 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed as needed to satisfy above provisions, but at minimum weekly.
9.06 Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds as needed.
Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses.
9.07 Pre-emergent herbicide materials to be used shall be as approved by CITY. Materials to be used shall be
those best suited to the control of the target weeds in the given planting.
9.08 Pre-emergent herbicide applications shall be carefully scheduled as approved by CITY, and shall be made per label instructions for optimum control. Scheduling of pre-emergent herbicide applications shall be
reflected on the annual calendar, along with notation identifying material name and target weeds.
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9.09 Pre-emergent herbicide applications shall be made annually, and as required for optimum control of target weeds.
10.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE
10.01 CONTRACTOR is responsible for tree work within fifteen (15) feet of the ground.
10.02 Trimming 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 21.00.
10.03 All trimming and tree tying shall conform to I.S.A Standards. CONTRACTOR shall not allow any tree to be
topped.
10.04 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways, and an eight (8) foot clearance for branches overhanging walkways
and other pedestrian paths. Lower branching may be allowed for trees in background and ornamental areas. Trim plant materials where necessary to maintain pedestrian access and safe vehicular visibility and clearance and to prevent hazardous conditions.
10.05 Shearing: Only hedge plants shall be sheared. These plants may also require additional thinning to maintain a healthy condition.
10.06 Tree trimming shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00.
10.07 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. Median shrubs to be maintained at a height no more than thirty-six (36) inches unless approved by CITY. Median safety strips are to be clear at all times.
10.08 Where needed tree stakes, [two (2) per tree] shall be pentachlorophenol treated lodge pole pine. Stakes shall be placed vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CITY. Guy wires are to be used
where needed and maintained by CONTRACTOR.
10.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required.
10.10 Periodic staking and tying shall be done as needed.
10.11 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage above fifteen (15) feet in height from the ground shall be reported to CITY.
10.12 Groundcover
A. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or
shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate
to the species and conditions.
B. All dead, diseased and unsightly branches, vines or other growth shall be removed immediately.
C. All groundcover areas shall be trimmed and maintained as needed to keep neat but natural edges, but at
minimum bi-weekly as specified in the MAINTENANCE FREQUENCIES table in Section 21.00.
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D. Groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like.
10.13 Remove all dead shrubs and trees. CITY shall be notified 48 hours in advance of the removal of any tree. Trees to be removed shall have a diameter at breast height of six (6) inches or less. Trees measuring over this diameter at breast height may be removed as “Extra Work” at the discretion of CITY.
10.14 All trimming and debris shall be removed and properly disposed of immediately.
10.15 Flowering plants, including, but not limited to, Agapanthus, Pelargonium, Gaura, Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of excessive spent blooms, flower stalks and the like, but
at minimum bi-weekly according to the frequencies specified in the MAINTENANCE MINIMUM FREQUENCY table in Section 21.00. Plants shall be renovated following peak bloom, and as needed, to produce optimum color production and plant health. Renovation methods and timing shall be as approved
by CITY.
11.00 MULCHING
11.01 A minimum three (3) inch layer of approved mulch shall be maintained by CONTRACTOR in all tree, shrub,
groundcover, dog park, and vacant pad areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, and shall not cover plant material or the bases of trees or shrubs.
11.02 All areas to receive mulch shall be free of weeds prior to mulching.
11.03 Mulch shall be maintained free of litter and foreign matter.
11.04 CONTRACTOR shall replenish mulch as required to maintain specified conditions.
11.05 CONTRACTOR shall pay the actual cost of mulch material(s) and delivery to CITY designated site(s).
CONTRACTOR shall supply, at its expense, all equipment and labor required to move mulch from the site(s) and to place in required areas. CONTRACTOR shall only take that amount of mulch need to perform the Services herein.
11.06 CONTRACTOR shall submit specifications for mulch type(s) indicating material included in mixture, admixtures, or additives for approval by CITY. CONTRACTOR shall indicate in this submittal the actual delivered cost of mulch type(s) to the designated stockpile site.
11.07 Mulching operation shall be accomplished in a timely manner, so that all material is placed and the site is left clean and level, all to the satisfaction of CITY. CONTRACTOR shall implement appropriate and effective BMP’S to insure storm water pollution prevention compliance for all aspects of mulching operations at the designated site(s) and required areas of placement.
12.00 DISEASE AND PEST CONTROL
12.01 All landscaped areas shall be maintained free of disease and insects that could cause or promote damage to
plant materials including but not limited to trees, shrubs, groundcover and turf.
12.02 CITY shall be notified immediately of any disease, insects or unusual conditions that might develop.
12.03 A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a licensed California Pest Control Advisor.
12.04 CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests. CONTRACTOR shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 12-hour period after observation by CONTRACTOR or notification from CITY.
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12.05 Gophers and other rodents shall be eliminated by only appropriate, legal exterminating techniques (traps, poison, etc.), approved by CITY.
12.06 CONTRACTOR shall collect dead animals and communicate with applicable county/state agencies on disposal.
12.07 Frequency of disease and pest control operations shall be as needed to satisfy above provisions.
13.00 PLANT MATERIALS
13.01 Plant materials shall conform to the requirements of the site specific landscape plan on file with CITY, and to "Horticultural Standards" of American Association of Nurserymen as to variety, species, size, age, etc.
13.02 Plans of record and specifications should be consulted to ensure correct identification of species. Substitutions may be allowed but only with the prior written approval of CITY.
13.03 Quality
A. Plants shall be sound, healthy and vigorous, free from plant disease, insect pest or their eggs, and shall
have healthy normal root systems and comply with all state and local regulations governing these
matters, and shall be free from any noxious weeds.
B. Plant materials shall be symmetrical, and/or typical for variety and species.
C. Trees shall not have been topped.
D. Roots shall not have been allowed to circle or become bound at any stage of growth.
E. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to
quality by CITY.
13.04 Plant Materials Guarantee
A. CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR under
this CONTRACT which fail to establish, grow, live and remain in healthy condition, regardless of the
reason for said failure, as follows:
B. All trees shall be guaranteed for one year from the date of acceptance of the job by CITY.
C. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by CITY.
14.00 LITTER, LEAF, AND DEBRIS CONTROL
14.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated debris as needed, but
at minimum once daily, from all areas to be maintained.
14.02 Complete policing, litter pick up and supplemental hand sweeping of edges, corners and other areas inaccessible to power equipment shall be accomplished as needed, but at minimum once daily, to ensure a
neat appearance.
14.03 Accumulation of leaves and debris shall be removed as needed, from all landscaped areas.
14.04 Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of
leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch.
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14.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be CONTRACTOR'S responsibility.
14.06 Removal of stickers and graffiti shall be conducted immediately upon observation, but at minimum once daily.
14.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal.
14.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. (excluding political/campaign signs during election seasons) as needed, but at minimum, once daily. The removed signs shall be returned to the CITY. Posting of such signs are in violation of the Municipal Ordinance.
15.00 TURF RESEEDING/RESTORATION
15.01 Damaged, vandalized, bare, or thin turf areas shall be overseeded, plugged, or sodded as often as required by CITY, to maintain turf to an acceptable quality.
15.02 Areas to be so treated shall be prepared as needed to provide an adequate soil condition for seed to germinate and/or turf to establish. Preparation may require, as needed, aeration, dethatching, soil amendment and tilling. Areas shall be fine graded to provide for surface drainage and to match surrounding turf and borders.
15.03 Seed, sod, plugs, or stolons to be used and application rate shall be as approved by CITY. All seed, plug or
stolons shall be covered with an approved top dressing at a rate of (1) cubic foot per 72 square feet or not to exceed ¼ inch in depth.
15.04 Repaired areas shall receive supplemental water by hand, controller cycle, or portable sprinkler as needed to
establish turf.
16.00 TRASH RECEPTACLES 16.01 All exterior trash receptacles shall be checked at least daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00 and emptied whenever more than 1/2 full, and as needed to prevent objectionable odors or other unsanitary conditions.
16.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed each time a receptacle liner is emptied.
16.03 Any liquid accumulation or other foreign matter, which may remain in a receptacle when the liner is removed,
shall be removed and washed out as needed. Inside of receptacles shall be dry when new liner is installed.
16.04 Receptacles and related appurtenances shall be cleaned as needed to avoid stains, concentrations of insects, odors, etc.
16.05 Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if displaced.
16.06 Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered
with lids that are provided
16.07 CONTRACTOR shall replace trash receptacles, provided by CITY, in place of any which are rusty, dented, graffitied, or which are otherwise unsuitable. Unsuitable receptacles shall be transported and disposed of
properly by CONTRACTOR.
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17.00 TRASH AND GREEN WASTE DISPOSAL
17.01 All trash, green waste and accumulated debris shall be removed from the site, immediately upon collection and disposed of by CONTRACTOR at a legal waste collection site, or landscape materials recycling center, as applicable. The cost to dispose of said trash, green waste and accumulated debris will be at
CONTRACTOR’S own expense.
18.00 SWEEPING/WASHING HARD SURFACES
18.01 Walkways, steps, picnic hard surface areas, curbs, gutters and parking lots shall be cleaned, including but
not limited to, the removal of all foreign objects from surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass, staples, etc., as needed, but at minimum daily as according to specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. If any graffiti cannot be completely
removed by cleaning/washing tasks, CONTRACTOR shall immediately paint those affected surfaces with a material approved by CITY.
18.02 Supplemental hand sweeping of parking lot edges, corners and other parking lot areas shall be required in
those areas inaccessible to power equipment or where use of power equipment would have an adverse community effect.
18.03 Blowers used in performance of this CONTRACT shall be low-noise type equipment rated at or below 65
decibel level.
18.04 Sweep hard surface areas, parking lot corners, walkways, steps, picnic hard surface areas, median hardscapes and hard court areas according to frequencies specified in the MAINTENANCE MINIMUM
FREQUENCIES table in Section 21.00.
18.05 Heavy accumulations of debris to be vacuumed from median hardscapes at direction of CITY.
19.00 DRINKING FOUNTAIN MAINTENANCE
19.01 Clean and disinfect drinking fountains, drain and sand trap as needed, but at minimum daily according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00.
19.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be unclogged using a plunger or
snake shall immediately be reported to CITY.
19.03 Water supply to a leaking fixture shall be shut off when it is required.
20.00 FACILITIES AND EQUIPMENT MAINTENANCE
20.01 Damaged decorative or delineation bollards, rails and fencing – including, but not limited to concrete, chain link, welded wire, steel post-wire, wood or vinyl coated steel post-rail, and tube steel – shall be repaired/replaced as needed by CONTRACTOR. CITY shall provide or reimburse CONTRACTOR for
materials that exceed $6,000 per year, with CITY’S approval.
20.02 CONTRACTOR shall inspect all benches, slabs, trash/recycling receptacles, and the like as needed, but at minimum daily, according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00.
Deficiencies which are CONTRACTOR’S responsibility shall be corrected immediately. Any other deficiency shall be reported to CITY immediately.
20.03 Garbage and leftover food in and around benches, slabs, trash/recycling receptacles, and the like shall be removed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00.
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20.04 Benches, slabs, trash/recycling receptacles, and the like shall be cleaned as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00.
20.05 Trash/recycling receptacles shall be cleaned as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00.
20.06 All dog waste bag stations shall be kept stocked, clean, and in good condition at all times. CONTRACTOR shall re-stock the dog waste bags at all such stations as needed, but at minimum once daily. The maker and type of dog waste bags shall be at the approval of, and at no additional cost to, CITY.
20.07 All storm water pollution prevention devices and Best Management Practices (e.g., straw wattles, silt fences, gravel bags, etc.) shall be maintained by CONTRACTOR in good order at all times. These devices and BMPs shall be cleaned or replaced 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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21.00 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
Pest Control 8
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 food, etc.) 1
Drinking Fountain Maintenance 1
Facilities & Equipment Maintenance
Damaged Bollards, Rails, & Fencing Repair/Replace. 8
Cleaning Benches and Slabs 1
Cleaning Trash/Recycling Receptacles 1
Dog Waste Bag Station Stocking and Cleaning 1
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Category F
Undeveloped Park Sites, Urban Forests, and Trailheads/Planters
PART I – GENERAL SPECIFICATIONS
1.0 UNDEVELOPED PARK SITES, URBAN FORESTS, AND
TRAILHEADS/PLANTERS TO BE MAINTAINED
PART II – TECHNICAL SPECIFICATIONS
2.0 GROUNDCOVER EDGING – TRAILHEADS/PLANTERS
3.0 WATERING AND IRRIGATION – TRAILSHEADS/PLANTERS
4.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING –
TRAILSHEADS/PLANTERS
5.0 FERTILIZATION – TRAILHEADS/PLANTERS
6.0 WEED CONTROL – TRAILHEADS/PLANTERS
7.0 TREE, SHRUB AND GROUNDCOVER MAINTENANCE –
TRAILHEADS/PLANTERS
8.0 MULCHING – TRAILHEADS/PLANTERS
9.0 DISEASE AND PEST CONTROL – TRAILHEADS/PLANTERS
10.0 PLANT MATERIALS – TRAILHEADS/PLANTERS
11.0 LITTER, LEAF, AND DEBRIS CONTROL – TRAILHEADS/PLANTERS
12.0 TRASH RECEPTACLES – TRAILHEADS/PLANTERS
13.0 TRASH AND GREEN WASTE DISPOSAL – TRAILHEADS/PLANTERS
14.0 SWEEPING/WASHING HARD SURFACES – TRAILHEADS/PLANTERS
15.0 DRINKING FOUNTAIN MAINTENANCE –TRAILHEADS/PLANTERS
16.0 FACILITIES AND EQUIPMENT MAINTENANCE–TRAILHEADS/PLANTER
17.0 BLOCK HOUSE MAINTENANCE – TRAILHEADS/PLANTERS
18.0 GROUNDS MAINTENANCE – UNDEVELOPED PARK SITES AND
URBAN FORESTS
19.0 TREE AND SHRUB MAINTENANCE – URBAN FORESTS
20.0 GROUNDS MAINTENANCE – TRAILS AT TRAILHEADS/CRT PLANTERS
21.0 MAINTENANCE MINIMUM FREQUENCIES
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PART I GENERAL SPECIFICATIONS 1.00 UNDEVELOPED PARK SITES, URBAN FORESTS, AND TRAILHEADS/PLANTERS TO BE
MAINTAINED
1.01 The undeveloped park sites, urban forests, and trails maintenance services under this CONTRACT shall be performed in accordance with Carlsbad’s Open Space Management Plan, Habitat Management Plan,
Preserve Management Plan and Community Forest Management Plan.
1.02 The undeveloped park sites, urban forests, and trails to be maintained under the provisions of this CONTRACT are located at:
Undeveloped Park Sites
Approximate
Acres Location Name Address
6.8 Cannon Lake Park (w/ NTP) S. side of Cannon Road, E. of RR Tracks
13.0 Robertson Ranch Park Cannon Road and Wind Trail Way
35.7 Veterans Memorial Park Faraday Avenue and Whitman Way
12.0 Zone 5 Park Faraday Avenue and Camino Hills Drive
67.5 Subtotal Approximate Acres
Urban Forests
Approximate
Acres Location Name Address
6.3 Batiquitos Drive Slopes E. side Batiquitos Dr./Poppy to Daisy Dr.
39.5 Hosp Grove Forest Jefferson Street and Marron Road
11.8 Woodbine Banks E. side El Camino Real, Chestnut to
Tamarack
57.6 Subtotal Approximate Acres
Trailheads / Planters
Approximate
Acres Location Name Address
3.5 Coastal Rail Trailheads and Planters East side of RR, Tamarack to Oak Aves
2.6 Hosp Grove Trailhead (#1) Monroe Street – South of Marron Road
2.5 Hosp Grove Trailhead (#2) Wickham Way – East of Monroe Street
2.5 Hosp Grove Trailhead (#3) Hosp Way – East of Wintergreen Avenue
.2 Lake Calavera Trailhead (#1) Carlsbad Village and Peninsula Drives
.3 Lake Calavera Trailhead (#2) S. side Tamarack Ave., E. of Strata Dr.
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.3 Lake Calavera Trailhead (#3) S. side Skyhaven Dr., W. of SDGE Road
.3 Village H South Trailhead Carlsbad Village Drive and Victoria Ave.
.3 The Crossings Trailhead The Crossings Drive
.3 Aqua Hedionda Trailheads Bayshore Drive and Garfield Street
.1 Hidden Canyon / Dog Park Trail Hidden Canyon Park
12.9 Subtotal Approximate Acres
138.0 TOTAL AC. (UNDEVELOPED PARK SITES, URBAN FORESTS, TRAILHEADS/PLANTERS)
Dimensions listed are for estimating purposes only. Investigation & measurement is up to CONTRACTOR.
1.03 CONTRACTOR acknowledges personal inspection of the areas, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition and physical condition at the time of CONTRACT award, and agrees to make
no demands upon CITY for any improvements or alterations thereof.
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PART II TECHNICAL SPECIFICATIONS 2.00 GROUND-COVER EDGING – TRAILHEADS/PLANTERS
2.01 All ground cover shall be kept neatly edged. All ground cover invasions into adjacent areas shall be eliminated.
2.02 String trimmers shall not be used to trim immediately around trees. Groundcover shall be maintained a
minimum of one (1) foot from the trunks of trees by use of appropriate chemicals or hand trimming.
2.03 A 36-inch diameter circle shall be maintained around young trees with immature bark or a diameter at breast height of less than 6 inches. Circles may include a watering basin, and/or a 2-inch deep layer of mulch,
where appropriate. Circles shall be kept free of weeds and grasses by use of appropriate chemicals or hand trimming.
2.04 Groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment and other obstacles; and around sprinklers as needed to provide optimum water coverage.
2.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion.
2.06 Walkways shall be cleaned immediately following each edging.
2.07 Frequency of edging of ground cover shall be as often as needed to satisfy the above provisions, but at a minimum weekly.
3.00 WATERING AND IRRIGATION – TRAILHEADS/PLANTERS/URBAN FORESTS 3.01 All landscaped areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves.
3.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and
capable of performing proper programming and operation of the irrigation systems.
3.03 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY
immediately of any deficiencies in irrigation at these sites.
3.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month.
3.05 Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task.
3.06 Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY’S water conservation ordinance.
3.07 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours.
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3.08 Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic.
3.09 No irrigation shall be done during periods of measurable rain without prior approval of CITY.
3.10 CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 4.00 IRRIGATION MAINTENANCE, REPAIR AND TESTING – TRAILHEADS/PLANTERS/URBAN FORESTS 4.01 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 the CITY.
4.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts, heads, or other equipment replacements, as described in Section 4.01) for maintenance 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, etc, master valves)
D. Pumps and flow sensors
E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like)
F. Backflow devices
G. Pressure regulators
4.03 CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment.
4.04 Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to landscaping, or if the repair is otherwise deemed urgent by CITY.
4.05 Replacements of irrigation equipment shall be with originally specified equipment of the same size and
quality or substitutes approved by CITY prior to any installation thereof.
4.06 CONTRACTOR’S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable
of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR’S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three
crew members.
4.07 CONTRACTOR’S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote
valve actuator.
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4.08 Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause
of the noted deficiency and make needed repairs.
4.09 CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system.
4.10 During irrigation testing CONTRACTOR shall:
A. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and
erosion, and prevention of excessive overspray onto adjacent areas.
B. Check for, and correct all leaks, including pipes, risers, seals, turrets, etc.
C. Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to
manufacturer’s specifications.
D. Adjust valves and heads to keep all systems operating at manufacturer's recommended operating
pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging.
E. Check valve boxes and covers. Repair or replace as needed. Replace and secure cover bolts as
needed.
F. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices
including in-head check devices.
4.11 Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported, including effected valve station(s) and other pertinent details, to CITY. Said reporting may be verbal or in writing at the discretion and to the satisfaction of CITY.
4.12 In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as
necessary when damage is suspected, observed or reported.
4.13 CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage.
4.14 All valve boxes shall be identified with heat-branded markings.
4.15 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.
4.16 Frequencies of irrigation testing shall be weekly or as needed to ensure proper operation of system. 5.00 FERTILIZATION – TRAILHEADS/PLANTERS
5.01 Products and rates of application shall be determined by CITY.
5.02 CONTRACTOR shall include scheduling of fertilizations on an annual calendar, according to frequencies
specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 22.00, and for school sites, noticing in accordance with all provisions of the Safe Schools Act.
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5.03 CONTRACTOR shall give written notice to CITY at least three (3) City business days in advance of fertilizer application at a given site.
5.04 CONTRACTOR shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall be retained on the site for CITY’S inspection and shall be removed promptly following inspection.
5.05 Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface.
5.06 Trees, shrubs and groundcover areas shall be fertilized as often as necessary to ensure top quality, healthy, and lush material but at minimum quarterly. 6.00 WEED CONTROL – TRAILHEADS/PLANTERS
6.01 All areas shall receive diligent control of weeds by employing all industry-recognized, legal methods, as approved by CITY.
6.02 The following areas shall be kept weed free: shrub areas, ground cover beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with ornamental rock or mulch.
6.03 For school sites, noticing of all chemical applications shall be in accordance with all provisions of the Safe Schools Act.
6.04 Chemical applications shall be done as needed. Weeds, which grow from, or spread by, underground
stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete. Notification of spraying shall be made in writing to CITY at least three days prior to spraying.
6.05 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed as needed to satisfy above provisions, but at minimum weekly.
6.06 Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds as needed.
Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses.
6.07 Pre-emergent herbicide materials to be used shall be as approved by CITY. Materials to be used shall be
those best suited to the control of the target weeds in the given planting.
6.08 Pre-emergent herbicide applications shall be carefully scheduled as approved by CITY, and shall be made per label instructions for optimum control. Scheduling of pre-emergent herbicide applications shall be reflected on the annual calendar, along with notation identifying material name and target weeds.
6.09 Pre-emergent herbicide applications shall be made annually, and as required for optimum control of target weeds. 7.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE – TRAILHEADS/PLANTERS
7.01 CONTRACTOR is responsible for tree and shrub work within fifteen (15) feet of the ground.
7.02 Trimming of trees and shrubs for vehicular and pedestrian clearance, visibility, access, plant health and appearance shall be done as needed, but at minimum semi-annually according to frequencies specified in
the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00.
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7.03 All trimming and tree tying shall conform to I.S.A Standards, and the specific directions of CITY. CONTRACTOR shall not allow any tree to be topped.
7.04 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways, and an eight (8) foot clearance for branches overhanging walkways and other pedestrian paths. Lower branching may be allowed for trees in background and ornamental areas. Trim plant materials where necessary to maintain pedestrian access and safe vehicular visibility and clearance and to prevent hazardous conditions.
7.05 Shearing: Only hedge plants shall be sheared. These plants may also require additional thinning to maintain a healthy condition.
7.06 Tree trimming shall be performed with the intent of developing healthy, structurally sound trees with natural
form and proportion, symmetrical appearance, and proper vertical and horizontal clearance, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00.
7.07 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict growth of shrubbery
to area behind curbs and within planter beds by pruning.
7.08 Where needed tree stakes, [two (2) per tree] shall be pentachlorophenol treated lodge pole pine. Stakes shall be placed vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during
windy conditions; shall be tied using materials and methods as approved by CITY.
7.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required.
7.10 Periodic staking and tying shall be done as needed.
7.11 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage above fifteen (15) feet in height from the ground shall be reported to CITY.
7.12 Groundcover
A. Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or
shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as
appropriate to the species and conditions and as directed by CITY.
B. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop.
C. All groundcover areas shall be trimmed and maintained as needed to keep neat but natural edges, but at
minimum bi-weekly as specified in the MAINTENANCE FREQUENCIES table in Section 20.00.
D. Except as specifically directed by CITY, groundcover plants shall be prevented from climbing utilities,
shrubs, trees, and the like.
7.13 Remove all dead shrubs and trees. CITY shall be notified 48 hours in advance of the removal of any tree. Trees to be removed shall have a diameter at breast height of six (6) inches or less. Trees measuring over this diameter at breast height may be removed as “Extra Work” at the discretion of CITY.
7.14 All trimming and debris shall be removed and properly disposed of immediately.
7.15 Flowering plants, including, but not limited to, Agapanthus, Pelargonium, Gaura, Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of excessive spent blooms, flower stalks and the like, but at minimum bi-weekly according to the frequencies specified in the MAINTENANCE MINIMUM FREQUENCY table in Section 20.00. Plants shall be renovated following peak bloom, and as needed, to
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produce optimum color production and plant health. Renovation methods and timing shall be as approved by CITY.
8.00 MULCHING – TRAILHEADS/PLANTERS 8.01 A minimum three (3) inch layer of approved mulch shall be maintained by CONTRACTOR in all tree, shrub,
groundcover, and vacant pad areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, and shall not cover plant material or the bases of trees or shrubs.
8.02 All areas to receive mulch shall be free of weeds prior to mulching.
8.03 Mulch shall be maintained free of litter and foreign matter.
8.04 CONTRACTOR shall replenish mulch as required to maintain specified conditions.
8.05 CONTRACTOR shall pay the actual cost of mulch material(s) and delivery to CITY designated stockpile
site(s). CONTRACTOR shall supply, at its expense, all equipment and labor required to move mulch from the stock-pile site(s) and to place mulch in required areas. CONTRACTOR shall only take that amount of mulch need to perform the Services herein. CONTRACTOR shall not independently store or stockpile mulch which is intended for the Services herein.
8.06 CONTRACTOR shall submit specifications for mulch type(s) indicating material included in mixture,
admixtures, or additives for approval by CITY. CONTRACTOR shall indicate in this submittal the actual delivered cost of mulch type(s) to the designated stockpile site.
8.07 Mulching operation shall be accomplished in a timely manner, so that all material is removed and stock-pile
site is left clean and level, all to the satisfaction of CITY. CONTRACTOR shall implement appropriate and effective BMP’S to insure storm water pollution prevention compliance for all aspects of mulching operations at the designated site(s) and required areas of placement.
9.00 DISEASE AND PEST CONTROL – TRAILHEADS/PLANTERS
9.01 All landscaped areas shall be maintained free of disease and insects that could cause or promote damage to plant materials including but not limited to trees, shrubs, and groundcover.
9.02 CITY shall be notified immediately of any disease, insects or unusual conditions that might develop.
9.03 A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a licensed California Pest Control Advisor.
9.04 CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests. CONTRACTOR shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 12-
hour period after observation by CONTRACTOR, or notification from CITY.
9.05 Gophers and other rodents shall be eliminated by only appropriate, legal exterminating techniques (traps, poison, etc.), approved by CITY.
9.06 CONTRACTOR shall collect dead animals and communicate with applicable county/state agencies on disposal.
9.07 Frequency of disease and pest control operations shall be as needed to satisfy above provisions.
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10.00 PLANT MATERIALS – TRAILHEADS/PLANTERS
10.01 Plant materials shall conform to the requirements of the site specific landscape plan on file with CITY, and to "Horticultural Standards" of American Association of Nurserymen as to variety, species, size, age, etc.
10.02 Plans of record and specifications should be consulted to ensure correct identification of species.
Substitutions may be allowed but only with the prior written approval of CITY.
10.03 Quality
A. Plants shall be sound, healthy and vigorous, free from plant disease, insect pest or their eggs, and shall
have healthy normal root systems and comply with all state and local regulations governing these
matters, and shall be free from any noxious weeds.
B. Plant materials shall be symmetrical, and/or typical for variety and species.
C. Trees shall not have been topped.
D. Roots shall not have been allowed to circle or become bound at any stage of growth.
E. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to
quality by CITY.
10.04 Plant Materials Guarantee
CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR under this
CONTRACT which fail to establish, grow, live and remain in healthy condition, regardless of the reason for said failure, as follows:
A. All trees shall be guaranteed for one year from the date of acceptance of the job by CITY.
B. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by CITY.
10.05 Newly planted areas shall receive special attention until plants are established. Adequate water shall be
applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period. 11.00 LITTER, LEAF, AND DEBRIS CONTROL – TRAILHEADS/PLANTERS
11.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated debris as needed, but at minimum once daily, from all areas to be maintained.
11.02 Complete policing, litter pick up and supplemental hand sweeping of edges, corners and other areas inaccessible to power equipment shall be accomplished as needed, but at minimum once daily, to ensure a neat appearance.
11.03 Accumulation of leaves and debris shall be removed as needed, from all landscaped areas except as specifically directed by CITY.
11.04 Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of
leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch.
11.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be
CONTRACTOR'S responsibility.
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11.06 Removal of stickers and graffiti shall be conducted within two (2) hours of observation, but at minimum once daily.
11.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal.
11.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. (excluding political/campaign signs during election seasons) as needed, but at minimum, once daily.
12.00 TRASH RECEPTACLES – TRAILHEADS/PLANTERS/URBAN FORESTS 12.01 All exterior trash receptacles shall be checked at least daily, according to frequencies specified in the
MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00 and emptied whenever more than 1/2 full, and as needed to prevent objectionable odors or other unsanitary conditions.
12.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed
each time a receptacle liner is emptied.
12.03 Any liquid accumulation or other foreign matter, which may remain in a receptacle when the liner is removed, shall be removed and washed out as needed. Inside of receptacles shall be dry when new liner is installed.
12.04 Receptacles and related appurtenances shall be cleaned as needed to avoid stains, concentrations of insects, odors, etc.
12.05 Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if displaced.
12.06 Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered
with lids that are provided
12.07 CONTRACTOR shall replace trash receptacles, provided by CITY, in place of any which are rusty, dented, graffitied, or which are otherwise unsuitable. Unsuitable receptacles shall be transported and disposed
properly by CONTRACTOR. 13.00 TRASH AND GREEN WASTE DISPOSAL – TRAILHEADS/PLANTERS/URBAN FORESTS
13.01 All trash, green waste and accumulated debris shall be removed from the site, immediately upon collection and disposed of by CONTRACTOR at a legal waste collection site, or landscape materials recycling center,
as applicable. The cost to dispose of said trash, green waste and accumulated debris will be at CONTRACTOR’S own expense. 14.00 SWEEPING/WASHING HARD SURFACES – TRAILHEADS/PLANTERS/URBAN FORESTS 14.01 Walkways, steps, picnic hard surface areas, curbs, gutters, access ways (including the Hosp Grove Tiers)
and parking lots shall be cleaned, including but not limited to, the removal of all foreign objects from surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass, staples, etc., as needed, but at minimum daily as according to specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section
20.00. If any graffiti cannot be completely removed by cleaning/washing tasks CONTRACTOR shall immediately paint those affected areas with a material approved by CITY.
14.02 Supplemental hand sweeping of parking lot edges, corners and other parking lot areas shall be required in
those areas inaccessible to power equipment or where use of power equipment would have an adverse community effect.
14.03 Blowers used in performance of this CONTRACT shall be low-noise type equipment rated at or below 65
decibel level.
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14.04 Sweep hard surface areas, parking lot comers, walkways, steps, picnic hard surface areas, and hard court areas according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section
20.00.
15.00 DRINKING FOUNTAIN MAINTENANCE – TRAILHEADS/PLANTERS
15.01 Clean and disinfect drinking fountains, drain and sand trap as needed, but at minimum daily according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00.
15.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be unclogged using a plunger or
snake shall immediately be reported to CITY.
15.03 Water supply to a leaking fixture shall be shut off when it is required. 16.00 FACILITIES AND EQUIPMENT MAINTENANCE – TRAILHEADS/PLANTERS 16.01 Damaged decorative or delineation bollards, rails and fencing – including, but not limited to concrete, chain
link, welded wire, steel post-wire, wood or vinyl coated steel post-rail, and tube steel – shall be repaired/replaced as needed by CONTRACTOR. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per year, with CITY’S approval.
16.02 CONTRACTOR shall inspect all picnic tables, benches, slabs, trash/recycling receptacles, and the like as needed, but at minimum daily, according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. Deficiencies which are CONTRACTOR’S responsibility shall be corrected immediately. Any
other deficiency shall be reported to CITY immediately.
16.03 Ashes, garbage and leftover food in and around picnic facilities shall be removed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section
20.00.
16.04 Picnic tables, benches, slabs, trash/recycling receptacles, and the like shall be washed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in
Section 20.00.
16.05 All dog waste bag stations shall be kept stocked, clean, and in good condition at all times. CONTRACTOR shall re-stock the dog waste bags at all such stations as needed, but at minimum once daily. The maker and type of dog waste bags shall be at the approval of, and at no additional cost to CITY.
16.06 All storm water pollution prevention devices and Best Management Practices (e.g., straw wattles, silt fences,
gravel bags, etc.) shall be maintained by CONTRACTOR in good order at all times. These devices and BMPs shall be cleaned or replaced by Oct. 1 each year, and as often as needed to thereafter to fulfill their intended purpose. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per
year, with CITY’S approval.
17.00 BLOCKHOUSE AND PORTABLE RESTROOM MAINTENANCE – TRAILHEADS
17.01 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.
17.02 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 santitary use by the public, but at minimum twice daily.
17.03 CONTRACTOR shall inspect block houses and report damage, vandalism, clogged drains, and graffiti immediately to CITY.
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17.04 CONTRACTOR shall report to CITY immediately any unsafe or unsightly conditions observed.
18.00 GROUNDS MAINTENANCE - UNDEVELOPED PARK SITES AND URBAN FORESTS
18.01 CONTRACTOR shall maintain the undeveloped park sites and urban forests to reduce the ongoing fire threat, in accordance with the open space management and storm water protection program.
18.02 CONTRACTOR shall remove all nuisances in the form of dry weeds and may include the removal or
modification of ground fuels such as grass, weeds, brush, trees having a diameter at breast height of six (6) inches or less, fallen branches, tree foliage within six feet of the ground.
18.03 CONTRACTOR shall remove fire hazards or fire nuisances by the following mowing, hand labor and equipment services - or other maintenance services approved by CITY - as needed, but at minimum semi-annually (once between October 1 and November 30, and once between March 1 and April 30 – Dates
subject to change dependent on conditions).
A. Mowing
1. Mowing is the typical method of abatement. Vegetation shall be cut to a height of not more than four
(4) inches from the soil surface and laterally, no farther than eighteen (12) inches from property lines
and/or structures. Perimeter weeds left standing shall be cut by handwork, mulched or removed
from the property.
B. Hand Labor
1. Whenever it is impractical by reason of topography, nature of soil, location of trees, shrubbery,
buildings, fences, or type of vegetation cover to use a tractor mower, CITY may require removal or
thinning of material by means of hand tools.
2. The material cut by hand labor shall be disposed of by mulching, chipping or removal to the
nearest recycling center.
C. Equipment
1. The primary tractor used for mowing shall be a four wheel drive or a track-layer type. It must be
large enough to power the following attachment(s), a double bladed 6’ Woods Rotary Cutter type
and/or a Brush Hog type mower, an equivalent attachment type may be used if the results are the
same. All tractor mowers shall be rubber tired and equipped with safety shields to prevent or
reduce the throwing of rocks or other material that could result in injury or damage to persons or
property. All tractors shall be equipped with an approved exhaust spark-arrestor, an approved
Class “A” fire extinguisher and a shovel.
2. All tractors and equipment shall be operated by qualified cooperative and experienced operators
and shall be maintained by CONTRACTOR at its own expense and on its own time.
3. The truck (transport) for hauling the tractor shall meet all vehicle code requirements and shall be
capable of safety negotiating all roads to and from job sites.
4. When necessary, in the opinion of CITY, CONTRACTOR shall provide flagmen for safe loading
and unloading of equipment, at no expense to CITY.
5. CONTRACTOR shall have available equipment to reduce on-site materials, less than four (4) inches,
to mulch or chips.
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6. All operators shall be experienced and fully qualified in operating equipment assigned to them in
uneven terrain and in adverse conditions.
18.04 CONTRACTOR also performs trash/dumping removal as needed, but at minimum, quarterly. Trash
depositing and illegal dumping occur periodically within the undeveloped park sites and urban forests.
CONTRACTOR shall, at its expense, abate the conditions by removing and disposing of the trash and
dumped material at a legal waste collection site, or landscape materials recycling center, as applicable.
18.05 CONTRACTOR shall, at its expense, install and maintain storm water pollution prevention Best Management
Practices as needed, but at minimum semi-annually. Storm water pollution prevention devices may include
any or all of the following items, specific to the site and at the discretion of CITY: hydro-seeding, pressurized
fiber matting, straw wattles, sand/gravel bags, silt fencing, earthen berms, and bio swales.
19.00 TREE AND SHRUB MAINTENANCE - URBAN FORESTS
19.01 It shall be understood that CONTRACTOR will be required to perform and complete the urban forests maintenance services in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that meets CITY’S requirements. CONTRACTOR will be required to perform the following urban forests maintenance services as neded:
• Tree pruning work within fifteen (15) feet of the ground
• Tree removal (dead/overcrowded) with a diameter at breast height of six (6) inches or less
• Emergency response
• Line clearance pruning
• Clearance pruning
• Tree watering
• Small tree care
• Root pruning
• Data entry
19.02 All pruning and tree tying shall conform to I.S.A Standards and the specific directions of CITY. CONTRACTOR shall not allow any tree to be topped.
19.03 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways and at eight (8) feet above sidewalks. Lower branching may be allowed for trees in background and ornamental areas. Prune plant materials where necessary to maintain
access and safe vehicular visibility and clearance and to prevent or eliminate hazardous conditions.
19.04 Tree pruning shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance.
19.05 Where needed, tree stakes [two (2) per tree] shall be pentachlorophenol treated lodge pole pine. Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CITY.
19.06 Tree ties shall be checked bi-weekly and either retied to prevent girdling or removed along with the stakes when no longer required.
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19.07 Periodic staking and tying shall be performed as needed.
18.08 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage
shall be addressed upon detection by CONTRACTOR.
19.09 Remove all dead and overcrowded shrubs and trees. CITY shall be notified 48 hours in advance of the removal of any tree. Trees to be removed shall have a diameter at breast height of six (6) inches or less. Trees measuring over this diameter at breast height may be removed as “Extra Work” at the discretion of CITY.
19.10 All trimmings and debris shall be removed and properly disposed of immediately.
19.11 CONTRACTOR shall replace trees whose trunks are significantly damaged by CONTRACTOR’S personnel with trees of equal size and species at CONTRACTOR’S expense.
20.00 GROUNDS MAINTENANCE – TRAILS IN URBAN FORESTS & UNDEVELOPED PARKS AT TRAILHEADS & ALONG CRT PLANTERS 20.01 Trails shall be inspected for proper maintenance and rehabilitation as needed to ensure safe access to
existing trails, but at minimum bi-weekly.
20.02 Eroded damaged trail areas shall be re-graded to base grade - and ruts and rivulets filled-in, as often as needed to re-establish trail surface to an even/smooth finish. The cost of all related materials - including, but
not limited to: decomposed granite, Class II road base, asphalt, concrete, and sand/gravel bags – shall be the CONTRACTOR’S responsibility up to $6,000 year. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per year, with CITY’S approval.
20.03 Weeds, grasses, invasive plants, and other vegetation, shall be cut and removed from trail edge to trail edge, and from trail surface to a minimum height of eight (8) feet, as needed, but at minimum bi-weekly. Widths between trail edges can vary from three (3) feet to ten (10) feet.
May 11, 2021 Item #2 Page 125 of 131
21.00 MAINTENANCE MINIMUM FREQUENCIES
As a non-inclusive table of tasks required under this CONTRACT, the following maintenance minimum frequencies shall apply to the referenced tasks:
Irrigation Maintenance
Testing 2
Planters & Ground Cover Maintenance 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
Trim 7
Fertilize 6
Re-Stake/Check 8
Pest Control 8
Hardscape Maintenance
Gutters, Curbs, Sidewalks, Roadways, 1
Miscellaneous Asphalt, Concrete and D.G. 1
Trash and Litter Pickup (including ash, food, etc.) 1
Drinking Fountain Maintenance 1
Facilities & Equipment Maintenance
Damaged Bollards, Rails, & Fencing Repair/Replace. 8
Washing Picnic Tables and Benches 1
Dog Waste Bag Station Stocking and Cleaning 1
Undeveloped Park Site Maintenance
Trash and Dumping Removal 6
Mowing and Hand Weed Abatement 7
Urban Forest Pruning/Thinning 7
Trails Inspecting 3
Trails Re-grading 8
Trails Weeds/Grasses/Invasives/Veg. Removal 4
May 11, 2021 Item #2 Page 126 of 131
CATEGORY E - STREETSCAPES, MEDIANS, AND PARKWAYS MAINTENANCE SERVICES
STREETSCAPES
Item # Description
PREVAILING WAGE
Mo. Subtotal $ Annual Total $
E1 Downtown Public Rights of Way $2,600.00
(Monthly)
$31,200.00
(Extended Amt.)
E2 Downtown Public Parking Lots $1,733.00
(Monthly)
$20,796.00
(Extended Amt.)
E3 Carlsbad Blvd. Rights of Way (including upper
sea wall)
$2,652.00
(Monthly)
$31,824.00
(Extended Amt.)
E4 Downtown Beach Accesses $1,734.00
(Monthly)
$20,808.00
(Extended Amt.)
E5 El Camino Real Public ROW $566.00
(Monthly)
$6,792.00
(Extended Amt.)
E6 Elmwood Street Rights of Way $277.00
(Monthly)
$3,324.00
(Extended Amt.)
E7 Palomar Airport Road Triangle $521.00
(Monthly)
$6,252.00
(Extended Amt.)
E8 Palomar Point Way ROW $566.00
(Monthly)
$6,792.00
(Extended Amt.)
E9 Melrose Drive Triangle $438.00
(Monthly)
$5,256.00
(Extended Amt.)
MEDIANS
E10 Alga Road $1,252.00
(Monthly)
$15,024.00
(Extended Amt.)
E11 Aviara Parkway $647.00
(Monthly)
$7,764.00
(Extended Amt.)
E12 Cannon Road $1,360.00
(Monthly)
$16,320.00
(Extended Amt.)
E13 Carlsbad Boulevard $5,821.00
(Monthly)
$69,852.00
(Extended Amt.)
May 11, 2021 Item #2 Page 127 of 131
E14 Carlsbad Village Drive $582.00
(Monthly)
$6,984.00
(Extended Amt.)
E15 College Boulevard $1,968.00
(Monthly)
$23,616.00
(Extended Amt.)
E16 El Camino Real $5,088.00
(Monthly)
$61,056.00
(Extended Amt.)
E17 Faraday Avenue $974.00
(Monthly)
$11,688.00
(Extended Amt.)
E18 La Costa Avenue $694.00
(Monthly)
$8,328.00
(Extended Amt.)
E19 Melrose Drive $1,595.00
(Monthly)
$19,140.00
(Extended Amt.)
E20 Palomar Airport Road $2,880.00
(Monthly)
$34,560.00
(Extended Amt.)
E21 Paseo Del Norte $696.00
(Monthly)
$8,352.00
(Extended Amt.)
E22 Poinsettia Lane $1,253.00
(Monthly)
$15,036.00
(Extended Amt.)
E23 Rancho Santa Fe Road / Olivenhein Road $1,374.00
(Monthly)
$16,488
(Extended Amt.)
E24 Non-Arterial Roads (Inclusive) $513.00
(Monthly)
$6,156.00
(Extended Amt.)
PARKWAYS
E25 Alga Road (undeveloped areas only) $983.00
(Monthly)
$11,796.00
(Extended Amt.)
E26 Cannon Road (undeveloped areas only) $1,885.00
(Monthly)
$22,620.00
(Extended Amt.)
E27 Carlsbad Boulevard $1,491.00
(Monthly)
$17,892.00
(Extended Amt.)
E28 Carlsbad Village Drive $1,017.00
(Monthly)
$12,204.00
(Extended Amt.)
E29 College Boulevard $1,053.00
(Monthly)
$12,636.00
(Extended Amt.)
May 11, 2021 Item #2 Page 128 of 131
E30 El Camino Real $1,975.00
(Monthly)
$23,700.00
(Extended Amt.)
E31 Faraday Avenue $839.00
(Monthly)
$10,068.00
(Extended Amt.)
E32 La Costa Avenue $1,043.00
(Monthly)
$12,516.00
(Extended Amt.)
E33 Melrose Drive $1,031.00
(Monthly)
$12,372.00
(Extended Amt.)
E34 Palomar Airport Road $1,740.00
(Monthly)
$20,880
(Extended Amt.)
E35 Paseo del Norte $1,040.00
(Monthly)
$12,480.00
(Extended Amt.)
E36 Poinsettia Lane $960.00
(Monthly)
$11,520.00
(Extended Amt.)
E37 Rancho Santa Fe Road $874.00
(Monthly)
$10,488.00
(Extended Amt.)
E38 Non-Arterial Roads (Inclusive) $1,736.00
(Monthly)
$20,832.00
(Extended Amt.)
E39 **Extra Work Stipulated
Amt.
$125,000.00
(Annual Amt.)
Column
Total: $790,412.00
May 11, 2021 Item #2 Page 129 of 131
CATEGORY F - UNDEVELOPED PARKS, URBAN FORESTS, AND TRAILS
UNDEVELOPED PARKS
Item # Description
PREVAILING WAGE
Mo Subtotal $ Annual Total $
F1 Cannon Lake Park $978.00
(Monthly)
$11,736.00
(Extended Amt.)
F2 Robertson Ranch Park $978.00
(Monthly)
$11,736.00
(Extended Amt.)
F3 Veterans Memorial Park $3,276.00
(Monthly)
$39,312.00
(Extended Amt.)
F4 Zone 5 Park $1,393.00
(Monthly)
$16,716.00
(Extended Amt.)
URBAN FOREST AREAS
F5 Batiquitos Drive Slopes $918.00
(Monthly)
$11,016.00
(Extended Amt.)
F6 Hosp Grove Forest $2,364.00
(Monthly)
$28,368.00
(Extended Amt.)
F7 Woodbine Banks $1,354.00
(Monthly)
$16,248.00
(Extended Amt.)
TRAILHEADS/PLANTERS AND TRAILS
F8 Coastal Rail Trailheads/Planters $3,747.00
(Monthly)
$44,964.00
(Extended Amt.)
F9 Hosp Grove Trailheads $1,238.00
(Monthly)
$14,856.00
(Extended Amt.)
F10 Lake Calavera Trailheads $1,238.00
(Monthly)
$14,856.00
(Extended Amt.)
F11 Village H South Trailhead $762.00
(Monthly)
$9,144.00
(Extended Amt.)
May 11, 2021 Item #2 Page 130 of 131
F12 Hidden Canyon / Dog Park $270.00
(Monthly)
$3,240.00
(Extended Amt.)
F13 Agua Hedionda Trail Heads $459.00
(Monthly)
$5,508.00
(Extended Amt.)
F14 The Crossings Trail Head $912.00
(Monthly)
$10,944.00
(Extended Amt.)
F15 ** Extra Work Stipulated
Amt.
$50,000.00
(Annual Amt.)
Column
Total: $288,644.00
May 11, 2021 Item #2 Page 131 of 131