HomeMy WebLinkAbout2021-05-11; City Council; Resolution 2021-103RESOLUTION 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
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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
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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)
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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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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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By:
(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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