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HomeMy WebLinkAbout2022-06-21; City Council; ; Agreement for Parks Maintenance Services Work Categories E & F to Nissho of California Meeting Date: June 21, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Kyle Lancaster, Parks & Recreation Director kyle.lancaster@carlsbadca.gov, 442-339-2941 Subject: Agreement for Parks Maintenance Services Work Categories E & F to Nissho of California District: All Recommended Action Adopt a resolution awarding an agreement for Parks Maintenance Services Work Categories E and F to Nissho of California, in an amount not to exceed $1,152,016 per year during the initial two-year term. Executive Summary The Parks & Recreation Department accomplishes approximately 75% of its parks maintenance through contract vendors. BrightView Landscape Services, the vendor that has been providing these maintenance services for streetscapes, medians, parkways, undeveloped parks, urban forests, trailheads and trail planters during the last year, notified staff on June 1, 2022, that it intended to exercise its right to terminate the agreement. Staff have determined that Nissho of California, the vendor previously awarded the agreement for these maintenance services for passive parks and facilities landscapes, is the next vendor willing to extend its bids to take on these services which can provide the best value to the city. Staff recommend the City Council award Nissho an agreement for the parks maintenance services that had been provided by BrightView in an amount not to exceed $1,152,016 per year during the initial two-year term. Carlsbad Municipal Code Section 3.28.060 (C)(1)(b) authorizes the City Council to designate types of procurements costing more than the dollar amount established for formal bidding that may be purchased using informal bidding procedures with a finding that informal bidding would be advantageous to the city consistent with applicable law. According to Carlsbad Municipal Code Section 3.28.060 (D)(5), the City Council’s approval also is required for the procurement of services and professional services that will cost the city more than $100,000 per agreement year. June 21, 2022 Item #9 Page 1 of 82 Discussion Awarding parks maintenance services through a best value evaluation process allows the Parks & Recreation Department to receive high quality trees and grounds maintenance without the need for the city to increase internal staffing or to purchase and maintain additional specialty equipment. Those contractual parks maintenance services are divided into the following five work categories: • B - Trees • C - Community parks and school athletic fields • D - Passive parks and facilities landscapes • E - Streetscapes, medians and parkways • F - Undeveloped parks, urban forests and trailheads/planters Staff advertised a request for bids for parks maintenance services for work categories D, E and F, on Jan. 29, 2021. On March 12, 2021, 18 bids were received from six vendors. The verified bid amounts per year for the responsive vendors were as follows: Parks Maintenance Services – Request for Bids No. 21-03 Bidder Work Category D Work Category E Work Category F Aztec Landscaping $1,309,852.40 $972,799.88 $355,308.56 BrightView Landscape Services $1,070,828.00 $790,412.00 $288,644.00 Park West Landscape Management $875,408.00 $779,180.00 $293,000.00 PWLC1 $1,017,368.00 $852,868.00 $313,400.00 Nissho of California $893,252.00 $888,715.98 $263,300.00 Westturf Landscape Management $1,183,076.00 $938,420.00 $477,644.00 Staff performed a thorough best value evaluation of the 18 bids based on the following pre- established weighted criteria: • Cost • Ability to provide service • Previous performance and references • Quality of service • Unspecified value-added offerings. Staff determined Nissho was the best value vendor for Work Category D - Passive parks and facilities landscapes, and BrightView was the best value vendor for Work Category E - Streetscapes, Medians and Parkways and Work Category F - Undeveloped Parks, Urban Forests, and Trailheads/Planters. On May 11, 2021, the City Council awarded agreements for Parks Maintenance Services to Nissho for Work Category D, in an amount not to exceed $893,252 per June 21, 2022 Item #9 Page 2 of 82 year, and to Brightview for Work Categories E & F, in an amount not to exceed $1,079,056 per year during the initial two-year terms. The agreements were structured for an initial two-year term, with two two-year extension terms available. Nissho and Brightview began performing these maintenance services June 14, 2021. On Feb. 23, 2021, after a separate public bidding process (RFB No. 21-02), the City Council awarded an agreement for parks maintenance services for Work Category C – Community Parks and School Athletic Fields - to Nissho in an amount not to exceed $1,676,540 per year during the initial two-year term. That agreement was also structured with an initial two-year term, with two two-year extension terms available. Nissho started these maintenance services on March 27, 2021. Brightview subsequently advised staff it had significantly underbid on Work Categories E and F to the extent that the agreement was not profitable. Brightview requested a minimum 30% increase in compensation for its services, which staff advised was not allowable under public bidding practices. On June 1, 2022, Brightview notified staff that it intended to exercise its right to terminate the agreement. Brightview will cease providing maintenance services related to work categories E and F on July 31, 2022. The formal bidding process for parks maintenance services, including the award of an agreement and the transition to a new vendor, requires at least four months to complete. Brightview is only willing to provide maintenance services related to work categories E and F for two months after its notice of termination (i.e., through July 31, 2022), which complies with the provisions of the agreement. If staff were to pursue a new formal bidding process for parks maintenance services work categories E and F, there would be a significant reduction or lapse of services for a period of at least two months during the peak summer and early fall seasons, from August to October. The services in Work Category E include: •Daily multiple cycles of trash collection •Stocking dog waste bag stations •Cleaning drinking fountains and furnishings throughout the Village streetscapes and public parking lots, and along many beach and lagoon accesses from Rue des Chateaux to Cannon Road •Abatement of weeds and litter and debris •Trimming shrubs and ground cover within medians and parkway planters across the city The services in to Work Category F include: •Daily cycles of trash collection •Stocking dog waste bag stations •Cleaning drinking fountains and furnishings on trailheads •Abatement of litter and debris •Trimming shrubs and ground cover in trails planters across the city Such a reduction or lapse of these services may cause major health and safety issues. To address this situation in a manner consistent with public bidding practices, the City Council may find that use of the informal bidding procedures, as set forth in Carlsbad Municipal Code June 21, 2022 Item #9 Page 3 of 82 Section 3.28.050(B)(2), to procure services for work categories E and F is advantageous to the city and consistent with applicable law. To compare pricing against the minimum 30% increase in pricing proposed by BrightView, city staff contacted Park West as the next best value vendor for Work Category E and Nissho as the next best value vendor for Work Category F. Park West was also the third ranked best value vendor for Work Category F. Park West was unable to offer the same pricing that was submitted in response to RFB No. 21- 03 and would have required an increase of more than 30% for Work Categories E and F. Staff then contacted Nissho as the second next best value vendor for Work Category E. Nissho agreed to offer the same pricing as was submitted in response to RFB No. 21-03 for Work Category E. Nissho also agreed to offer the same pricing that was submitted in response to RFB No. 21-03 for Work Category F. The pricing Nissho submitted for these two work categories combined is an approximate 7.5% increase over the pricing Brightview submitted. City staff therefore recommend awarding an agreement for Parks Maintenance Services Work Categories E and F to Nissho. City staff also recommend the use of informal bidding in this circumstance and believe it would be advantageous to the city because: •Formal bidding was conducted within the last 16 months •The successful bidder prematurely and unexpectedly terminated the contract •The next two best value determined vendors were contacted •Nissho was willing to provide the maintenance services at the same pricing that was initially bid In addition, reducing or halting these maintenance services while awaiting a formal bidding process could cause major health and safety issues, particularly during the upcoming summer and early fall months. Staff recommend the City Council award an agreement for Parks Maintenance Services Work Categories E and F to Nissho for an amount not to exceed $1,152,016 per year during the initial two-year term. Nissho stated it will be prepared to assume the maintenance services from Brightview on Aug. 1, 2022. Options Staff provide two options for the City Council’s consideration 1.Award an agreement to Nissho for Parks Maintenance Services Work Categories E and F in an amount not to exceed $1,152,016 per year during the initial two-year term Pros •Nissho has been determined to be the next best value vendor to provide these services willing to honor its bids of March 12, 2021 •Award of the agreement complies with applicable municipal code sections and public bidding practices •Nissho will start increasing staffing and equipment upon award of the agreement •Nissho will be prepared to assume the services from Brightview on Aug. 1, 2022 •Nissho will enact a seamless transition and continue the same level of services June 21, 2022 Item #9 Page 4 of 82 Cons •Nissho’s bid pricing is $80,960 higher than the current agreement with Brightview 2.Do not award agreement to Nissho and direct staff to pursue alternate means of service Pros •Potential for a decrease in costs, despite the economic inflation since March 12, 2021 Cons •Delays the assumption of services by any other vendor, which may cause major health and safety issues •Potential for a reduction or lapse in services once the existing agreement terminates on July 31, 2022, which may cause major health and safety issues •Potential for an increase in costs due to inflation, and for further delay in awarding an agreement to a new vendor Staff recommend Option 1. Fiscal Analysis The proposed agreement for parks maintenance services to Nissho for work categories E and F reflects an increase of $80,960 – approximately 7.5% – in the annual not-to-exceed amount over the current agreement with Brightview. There are sufficient funds available in the Fiscal Year 2022-23 Medians Maintenance Operating Budget and the Parks Maintenance Operating Budget for the first year of the agreement, including the increase in cost of services. Next Steps Staff will coordinate the transition of these maintenance services from Brightview to Nissho, effective Aug. 1, 2022. Staff will then administer and manage the new agreement with Nissho throughout the length of its initial two-year term and any extension terms. Environmental Evaluation The project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301 - Existing Facilities, which applies to the maintenance of existing landscaping, including native growth, that involves negligible or no expansion of use. Public Notification This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.City Council resolution June 21, 2022 Item #9 Page 5 of 82 June 21, 2022 Item #9 Page 6 of 82 RESOLUTION NO. 2022-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING AN AGREEMENT FOR PARKS MAINTENANCE SERVICES WORK CATEGORY E -STREETSCAPES, MEDIANS AND PARKWAYS, AND WORK CATEGORY F -UNDEVELOPED PARKS, URBAN FORESTS AND TRAILHEADS / PLANTERS, TO NISSHO OF CALIFORNIA, IN AN AMOUNT NOT TO EXCEED $1,152,016 PER YEAR, DURING THE INITIAL TWO-YEAR TERM OF THE AGREEMENT EXHIBIT 1 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, those contractual parks maintenance services are divided into five work categories, labeled B thorough F; and WHEREAS, staff advertised a RFB for Parks Maintenance Services Work Categories D, E & F (RFB 21-03)onJan.29,2021;and WHEREAS, on March 12, 2021, eighteen bids were received in response to RFB No. 21-03; and WHEREAS, staff performed a best value evaluation of bids, based on five pre-established weighted criteria and determined Brightview Landscape Services (Brightview) to be the best value vendor for Category E -Streetscapes, Medians and Parkways and Category F -Undeveloped Parks, Urban Forests and Trailheads / Planters and; WHEREAS, on May 11, 2021, the City Council awarded an agreement for Parks Maintenance Services Work Category E & F to Brightview, in an amount not to exceed $1,079,056 per year; and WHEREAS, the agreement was structured for an initial two-year term, with two two-year extension terms available; and WHEREAS, on June 1, 2022, Brightview notified staff of its intent to terminate the agreement for Work Categories E & F, as provided for under Section 24 of that agreement; and WHEREAS, Brightview will cease maintenance services related to Work Categories E & Fon July 31,2022;and June 21, 2022 Item #9 Page 7 of 82 WHEREAS, to compare pricing against the minimum thirty percent increase in pricing proposed by BrightView, city staff contacted Park West and Nissho; and WHEREAS, Carlsbad Municipal Code Section 3.28.060 {C)(l)(b) authorizes the City Council to designate types of procurements costing more than the dollar amount established for formal bidding which may be purchased using informal bidding procedures upon a finding that informal bidding would be advantageous to the city consistent with applicable law; and WHEREAS, Niss ho agreed to offer the same pricing as was submitted in response to RFB No. 21- 03 for Work Categories E and F and will be prepared to assume the maintenance services from Brightview on Aug. 1, 2022 WHEREAS, City staff recommends the use of informal bidding in this circumstance as advantageous to the city because formal bidding was conducted within the last 16 months, the successful bidder prematurely and unexpectedly terminated the contract, the next two best value ranked vendors were contacted and Nissho was willing to provide the work at the sa me amount initially bid, and delaying or reducing the services while awaiting a formal bidding process could cause health and safety concerns, particularly during the upcoming summer months; and WHEREAS; staff is recommending the City Council award an agreement for Parks Maintenance Services Work Categories E & F to Nissho, in an amount not to exceed $1,152,016 per year; and WHEREAS, staff will coordinate the transition of these maintenance services from Brightview to Nissho, effective Aug. 1, 2022; and WHEREAS, the proposed agreement for Parks Maintenance Services Work Categories E & F to Nissho reflects an increase of $80,960 (approximately 7.5%) in the annual not-to-exceed amount over the current agreement with Brightview; and WHEREAS, sufficient funds are available in the Fiscal Year 2022-23 Medians Maintenance Operating Budget and the Parks Maintenance Operating Budget for the first year of the agreement, inclusive of the increase in cost of services; 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. June 21, 2022 Item #9 Page 8 of 82 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 City Council finds that use of the informal bidding procedures to procure services for Work Category E -Streetscapes, Medians and Parkways and Category F - Undeveloped Parks, Urban Forests and Trailheads / Planters is advantageous to the city consistent with applicable law. 3. That the Mayor is authorized and directed to execute the agreement with Nissho of California for Parks Maintenance Services Work Category E -Streetscapes, Medians and Parkways, and Work Category F -Undeveloped Parks, Urban Forests and Trailheads / Planters, in an amount not-to-exceed $1,152,016 per year, during the initial two-year term of the agreement, attached hereto as Attachment "A". 4. That the City Manager or designee is hereby authorized to execute amendments to extend the agreement for up to two additional two year terms or parts thereof, in an amount not to exceed $1,152,016 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 21st day of June, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MA1!rWfU fll' FAVIOLA MEDINA, City Clerk Services Manager (SEAL) DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A AGREEMENT FOR PARKS MAINTENANCE SERVICES WORK CATEOGORY E-STREETSCAPES, MEDIANS & PARKWAYS WORK CATEGORY F-UNDEVELOPED PARK SITES, URBAN FORESTS & TRAILS NISSHO OF CALIFORNIA, INC. II 1 '(\J., THIS AGREEMENT is made and entered into as of the __ v_v ___ day of ,�\}V\,l., , 20...l1,rby 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 parksmaintenance services within the City's streetscapes, medians, and parkways; and within the City's undeveloped park sites, urban forests, and trails; and B.Contractor has the necessary experience in providing professional services and advice related to professional services and advice related to parks maintenance services. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCEWhile 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.TERMThe 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 preparea written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two million three hundred four thousand thirty-two dollars ($2,304,032). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one million one hundred fifty-two thousand sixteen dollars ($1,152,016) 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". City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 9 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". There will be no additional charges such as travel, or trip costs allowed. Payment for service starts when the workers arrive at the City of Carlsbad owned or maintained properties and ends at the completion of the required service work. Portal to portal payment is not included in Agreement. If an increase in compensation for service in succeeding option terms is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The requested increase will be evaluated by the City, and the City reserves the right to negotiate, accept, reject, or move to terminate the Agreement based on the Contractor's requested compensation increase. This Agreement's annual compensation terms may, but is not required to, be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous two-year period. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement period and is subject to negotiation or rejection by the City. 6.PREVAILING WAGE RATESAny 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, unemploymentpayment 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 thisAgreement. At the City's election, City may deduct the indemnification amount from any balanceowing 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 City Attorney Approved Version 6/12/18 2 June 21, 2022 Item #9 Page 10 of 82 acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11.BEST MANAGEMENT PRACTICES For purposes of this Agreement, Best Management Practice (BMP) means: (1) A measure that is implemented to protect water quality and reduce the potential for pollution associated with water runoff entering the City’s storm drains system, and (2) Any program, technology, process, siting criteria, operating method, measure, or device that controls, prevents, removes, or reduces such pollution. Unless specifically noted otherwise, it is the responsibility of the Contractor to select, install and maintain appropriate BMPs while performing the Services in accordance with the terms and conditions of this Agreement. It is the Contractor's responsibility to ensure that the BMPs are operational and working properly. Furthermore, the Contractor shall be held responsible for any citation and/or fine due to discharges or malfunctioning of the BMPs. BMPs shall be installed in accordance with all industry recommended and recognized standards. If Contractor proposes to use a BMP that is not in accordance with recommended and recognized industry standard, Contractor shall obtain written approvals from the City prior to installation or use of non-industry standard. 12.REFUSE DISPOSAL AND DUST ABATEMENT As a condition of payment, the Contractor shall submit a signed and notarized affidavit stating that all refuse (e.g., trimmings, brush, trash, debris, waste materials, etc.) resulting from the Services performed have been disposed of in a legal manner, in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws and this Agreement. Disposal of refuse generated as a result of this Agreement at landfills may be subject to a fee. Contractor shall not be entitled to extra compensation for the cost of disposing of this refuse as such cost was included in Contractor’s bid. 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 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 June 21, 2022 Item #9 Page 11 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A amounts damaging to property, cultivated vegetation, domestic animals, or causing a nuisance to persons living or occupying buildings in the vicinity of where the Services are being performed. Contractor shall be responsible for any damage resulting from any dust originating from its operations. The dust abatement measures shall be continued until the Contractor has concluded performing its Services. Contractor shall not be entitled to extra compensation for the cost of dust abatement measures as such cost was included in Contractor's bid. 13.INSURANCEContractor will obtain and maintain for the duration of the Agreement and any and allamendments, insurance against claims for injuries to persons or damage to property which mayarise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a ratingin the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed bythe 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. City Attorney Approved Version 6/12/18 4 June 21, 2022 Item #9 Page 12 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 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 LICENSEContractor 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 DOCUMENTSAll 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 City Attorney Approved Version 6/12/18 5 June 21, 2022 Item #9 Page 13 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A unqualified persons. In addition, Contractor shall be responsible for ensuring that the aforementioned criminal background checks are annually renewed, prior to the anniversary date of the execution of this Agreement, Contractor will abide by all applicable laws, rules and regulations including, but not limited to the Fair Credit Reporting act and/or any equal opportunity laws, rules, regulations or ordinances. Contractor shall maintain paperwork ensuring its compliance with the above. City shall reserve the right to audit background check data. City shall have the absolute right to review and disapprove any personnel assigned to perform any of the Services required pursuant to this Agreement. City shall have the unrestricted right to order the removal for cause of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times while performing any of the Services required under this Agreement to comply with the City's drug and alcohol policies then in effect. 18.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 19.NOTICESThe 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 Ariel de la Paz Title Parks Superintendent Department Parks & Recreation City of Carlsbad Address 1166 Carlsbad Village Drive Carlsbad, CA 92008 Phone No. 442-339-2837 For Contractor Name Tom Baird 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. YesD 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, City Attorney Approved Version 6/12/18 6 June 21, 2022 Item #9 Page 14 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 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 PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 23.DISPUTE RESOLUTIONIf 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.TERMINATIONIn 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 one hundred twenty (120) 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. City Attorney Approved Version 6/12/18 7 June 21, 2022 Item #9 Page 15 of 82 OocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 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 asnecessary to complete any authorized continued portion of the Agreement; C.Immediately terminate all contracts and/or subcontractors, if any, to the extent that theyrelate to the Services terminated; D.With approval by the City Manager or designee, settle all outstanding obligations arisingfrom the termination of contracts and/or subcontractors; the approval of which will be finalfor purposes of this clause; E.If applicable and as directed by the City Manager or designee, transfer the title and deliverto the City, completed or partially completed drawings, plans, calculations, specificationsand any other documents and records that, if the contract had been completed, would be required to be furnished to the City; F.Complete performance of the Services not terminated; and G.If applicable, take any action that may be necessary, or that the City Manager or designeemay direct, for the protection and preservation of any property related to this Agreementthat is in the possession of the Contractor and in which the City has or may acquire aninterest. 24.1.3 Removal of City Property. If applicable, the Contractor may request the City toremove 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. City Attorney Approved Version 6/12/18 8 June 21, 2022 Item #9 Page 16 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 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, asadjusted 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 initialcosts and preparatory expense allocable thereto, but excluding costs attributableto 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 settlementproposals under terminated contracts or subcontractors that are properlychargeable to the terminated portion of the Agreement if not included inSubdivision 1, above; 3.A sum, as provided on Subdivision 1, above, determined by the City Manager ordesignee to be fair and reasonable under the circumstances; however, if itappears that the Contractor would have sustained a loss on the entireAgreement, had it been completed, the City shall allow no profit under thisSubdivision 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 thepreparation of termination of settlement proposals and supporting data; 2.The termination and settlement of contracts and/or contractors (excluding theamounts of such settlements); and 3.Storage, transportation, and other costs incurred, reasonably necessary for thepreservation, protection, or disposition of property in which the City has or mayacquire 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 portionof this Agreement; B.Any claim which the City has against the Contractor under this Agreement; and City Attorney Approved Version 6/12/18 9 June 21, 2022 Item #9 Page 17 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A C.The agreed price for, or the proceeds of sale of, materials, supplies, or other thingsacquired by the Contractor or sold under the provisions of this clause and not recoveredby or credited to the City. 24.1.1 0 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 anypart of this Agreement based on Contractor's default of any term or condition of thisAgreement, provided that Contractor fails to cure such default within ten (10) days afterreceipt 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, theCity 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, City Attorney Approved Version 6/12/18 10 June 21, 2022 Item #9 Page 18 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 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 City Attorney Approved Version 6/12/18 11 June 21, 2022 Item #9 Page 19 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 C.Response to Request for Bids 27.COVENANTS AGAINST CONTINGENT FEES Attachment A 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 ASSIGNSIt 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. 32.AUTHORITYThe 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. City Attorney Approved Version 6/12/18 12 June 21, 2022 Item #9 Page 20 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 CONTRACTOR (sign here) Tom Baird, Vice President (print name/title) By: (ww.. 0t1Ltfoi& (sign here) Cecilia Dolleton, Secretary (print name/title) Attachment A CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: .f-,.,FAVIOLA MEDINA City Clerk Services Manager If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: �/c-H�� -Oeputv. City Attorney A-55/, 13 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 21 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 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 14 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 22 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A PARTI GENERAL SPECIFICATIONS ,1W2 GENERAL REQUIREMENTS 1.Q1 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. � 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. � CONTRACTOR shall comply with the provisions of the Immigration Reform and Control Act of 1986, Public Law 99-603. � 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. 1J2§ CONTRACTOR shall employ only workers who are competent to perform the work assigned to them, and in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work. Should the CITY notify CONTRACTOR that any person(s) employed by CONTRACTOR is, in the CITY'S opinion, incompetent, unfaithful, or insufficiently skilled while on the work site, such person shall be immediately discharged from the work site and shall not be re-deployed thereon except with the written consent of CITY . .1.g§ CONTRACTOR is hereby required to render and provide parks maintenance services as described in the Category of Section 3-Scope of Work. iJ2Z 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 . .1Jlll 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 . .1Jlll 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. City Attorney Approved Version 6/12/18 15 June 21, 2022 Item #9 Page 23 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 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. 2J1 REQUIRED CERIIEICATIONS/UCENSES 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 whoperform 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 pesticideapplications. 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 City Attorney Approved Version 6/12/18 16 June 21, 2022 Item #9 Page 24 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 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 opportunitylaws, rules, regulations or ordinances. CONTRACTOR shall maintain paperwork to support itscompliance 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 byCONTRACTOR 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 underthis 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 City Attorney Approved Version 6/12/18 17 June 21, 2022 Item #9 Page 25 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 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 (CL T-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. !.W2 HOURS AND DAYS OF MAINTENANCE SERVICES � 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. � 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. � 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. � MAINTENANCE SCHEDULES ,5J21 CONTRACTOR will be provided the maximum latitude in establishing work schedules, which correspond to its staff and equipment resources. � 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. W 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. City Attorney Approved Version 6/12/18 18 June 21, 2022 Item #9 Page 26 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 U2 EXPANDED SCOPE Of CONTRACT Attachment A .§.Q1 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. W 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. LW2 PAYMENT ANO INVOICES ZJll 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. ZJlZ 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: Location Account Number Monthly Cost Buena Vista Reservoir Park 0014610-7550 $(AMOUNT) 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 TOTAL MONTHLY COST $(AMOUNT) City Attorney Approved Version 6/12/18 19 June 21, 2022 Item #9 Page 27 of 82 . - DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Invoice # -Facilities Landscapes: Location Arts Office 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 Invoice # -Streetscapes: Location Downtown Public Rights of Way Downtown Public Parking Lots Carlsbad Blvd. Public Rights of Way Downtown Beach Accesses El Camino Real Public Rights of Way Elmwood Street Rights of Way Palomar Airport Road Triangle Palomar Point Way Riqhts of Way TOTAL MONTHLY COST Invoice # -Medians: Location Alga Road Aviara Parkway Cannon Road Carlsbad Boulevard Carlsbad Village Drive College Boulevard El Camino Real Faraday Avenue La Costa Avenue Melrose Drive Palomar Airport Road Attachment A Account Number Monthly Cost 0014610-7550 $(AMOUNT) $(AMOUNT) Account Number Monthly Cost 1615024-7550 $(AMOUNT) $(AMOUNT) Account Number Monthly Cost 1615024-7550 $(AMOUNT) City Attorney Approved Version 6/12/18 20 June 21, 2022 Item #9 Page 28 of 82 • DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Paseo Del Norte Poinsettia Lane Rancho Santa Fe Road/Olivenhain Road Non-Arterial Roads (Inclusive) TOT AL MONTHLY COST Invoice # -Parkways: Location Alga Road Cannon Road Carlsbad Boulevard Carlsbad Village Drive C:ollege Boulevard El Camino Real Faraday Avenue La Costa Avenue Melrose Drive Palomar Airport Road Paseo Del Norte Poinsettia Lane Rancho Santa Fe Road/Olivenhain Road Non-Arterial Roads (Inclusive) TOT AL MONTHLY COST Invoice # -Undeveloped Parks: Location Cannon Lake Park Robertson Ranch Park Veterans Memorial Park Zone 5 Park TOTAL MONTHLY COST Invoice #-Urban Forest: Location Batiquitos Drive Slopes Hosp Grove Forest Woodbine Banks TOTAL MONTHLY COST Attachment A $(AMOUNT) Account Number Monthly Cost 0014610-7550 $(AMOUNT) $(AMOUNT) Account Number Monthly Cost 0014610-7550 $(AMOUNT) $(AMOUNT) Account Number Monthly Cost 0014610-7550 $(AMOUNT) $(AMOUNT) City Attorney Approved Version 6/12/18 21 June 21, 2022 Item #9 Page 29 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A Invoice # -Trailheadsf Planters: Location Account Number Monthlv Cost Coastal Rail Trailheads/Planters 0014620-7550 $(AMOUNT) Hosp Grove Trailheads Agua Hedionda Lagoon Trailheads The Crossings Trailhead Lake Calavera Trailheads Village H South Trailheads Hidden Canvon / Doa Park Trail TOTAL MONTHLY COST $(AMOUNT) Invoice#-Extra Work: Location Account Number Monthly Cost TBD bv Citv Reauest TBD bv Work Area $(AMOUNT) TOTAL MONTHLY COST $(AMOUNT) W 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". � 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. 1Llli2 WORK BY OTHER FORCES .llJ11 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. � EXTRA WORK W Extra work shall be performed by CONTRACTOR or by competitive bid option at the discretion of CITY. CONTRACTOR may be asked to complete extra work outside of the CONTRACT'S scope of work at the unit cost rates agreed to in this CONTRACT. If CITY decides to give CONTRACTOR extra work, it will be awarded only with the following criteria: •All regular/routine maintenance tasks are to be completed per schedule and to the satisfaction of CITY. •The extra work project bid prices are consistent with the unit cost(s) included in CONTRACTOR'S bid. The cost of any extra work required that exceeds $60,000 shall be competitively bid upon at CITY'S discretion. � "Extra Work" may include, but is not limited to: •Removing debris from park backstop nets •Removing, replacing plant material or other landscape amenities 22 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 30 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 •Irrigation retrofits or system enhancements Attachment A � 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. � 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. jlJlii 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. � 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. W All extra work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. llJ2B CONTRACTOR must be able to do the extra work without impact on regular maintenance. This extra work shall be completed per specified timeframe . .1Q.QQ EQUIPMENT .1DJ21 CONTRACTOR shall only use equipment identified in the bid submittal, or thereafter with written CITY approval, during the term of this CONTRACT. 1Q.Q2 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. � All equipment shall be generally clean, void of significant body damage, in good working order, leak-free, and regularly maintained. � 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. .1WJ§ CONTRACTOR must use appropriate equipment suitable for commercial applications in completing all required tasks in this CONTRACT . .1.1.,Qg PERFORMANCE PURING INCLEMENT WEATHER .llJ21 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 City Attorney Approved Version 6/12/18 23 June 21, 2022 Item #9 Page 31 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A by weather. 11J!2 All drains and drainage conveyance devices on work sites shall be checked daily, at a minimum, during inclement weather, and cleaned, as needed. 11.Qa 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.Qg COMMUNICATIONS AND EMERGENCY RESPONSE .12.Q.1 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. .lW 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. � 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. � 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. � CONTRACTOR shall maintain a written log of all complaints, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of CITY at all reasonable times and without prior notice to CONTRACTOR. .12.06 CONTRACTOR'S supervisors and foremen shall carry cellular telephones with local San Diego region area code. Supervisors and foremen shall respond within thirty (30) minutes to any call from CITY, at any time, during normal working hours. llJHl INSPECTIONS, MEETINGS AND REPORTS .1.aJll 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. City Attorney Approved Version 6/12/18 24 June 21, 2022 Item #9 Page 32 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A .1aJ22 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. � Irrigation inspections will occur within one (1) day of repair completion. � 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. � CONTRACTOR or an authorized representative shall meet with CITY on each site at the discretion and convenience of CITY, for inspections. � 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. ia.gz 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. lli2Q DAMAGES CAUSED BY CONTRACTOR .liJ2l. 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. � 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 . .1!,ga Damaged trees, shrubs, turf, and ground cover shall be repaired or replaced in accordance with the following maintenance practices: A.Trees: Minor damage such as bark lost from impact of operating equipment shall be remedied by aqualified tree surgeon or arborist. If damage results in loss or significant compromise to the healthor quality of a tree, the damaged tree shall be removed and replaced to comply with the specificinstructions 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 turfof like variety. Minor groundcover damage shall be corrected by appropriate pruning. Majordamage 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 City Attorney Approved Version 6/12/18 25 June 21, 2022 Item #9 Page 33 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 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. � ENFORCEMENT AND DEDUCTIONS 15.Ql. CITY'S Parks Services Manager or designee shall be responsible for the enforcement of this CONTRACT on behalf of CITY. � 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. � 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. � 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. � 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. � SAFETY .1§Jll 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, City Attorney Approved Version 6/12/18 26 June 21, 2022 Item #9 Page 34 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 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. � 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. � 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 . .1Z.QQ TRAFFIC CONTROL jLQ1 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. 1ZJ2Z 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. iz.aa Bike lane closures should include work area warning signs for bicyclists, such as "bike lane closed ahead" and proper delineation for closure of the bike lane. If encroachment into a traffic lane occurs, the lane should be closed with the above procedures for arterial lane closures . .1ZJl4-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. � 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 . .1.U,.Qg NON-INTERFERENCE -NOISE .1B.Q1 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. City Attorney Approved Version 6/12/18 27 June 21, 2022 Item #9 Page 35 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 18J)2 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 bemodified by CITY in order to insure that the public is not unduly impacted by the noise created bysuch equipment. lli!Q USE OF PESTICIDES 1SJ21 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. 1iQ2 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. � .wm ,Wm CONTRACTOR shall prepare and submit a schedule to CITY detailing all proposed pesticide usage for approval. This schedule shall indicate; proposed dates of application, type of pesticide proposed for use, area intended for application and a quantity estimate of the material to be applied. CONTRACTOR shall provide to CITY an updated schedule on a quarterly basis indicating the applications in the previous quarter and any proposed changes to the approved annual schedule for the next quarter for approval. CONTRACTOR shall also submit a sample of notice for posting at all school sites to CITY for approval. CONTRACTOR shall be responsible for posting all school sites prior to pesticide application in accordance with all federal, state, and local requirements. If CONTRACTOR fails to provide and post the required notification CONTRACTOR shall not apply any pesticides and CONTRACTOR shall submit a revised schedule to CITY for approval prior to application of any pesticides not detailed in the approved annual schedule. 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. 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. Pesticide applications in school sites and in parks adjacent to school sites falling under the Safe City Attorney Approved Version 6/12/18 28 June 21, 2022 Item #9 Page 36 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A Schools Act of 2000 shall be performed during school closure times only. An advanced notification to the school district will be required. � DISPOSAL .zn.,Q1 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 . .21J2.Q PROTECTION OF EXISTING FACILITIES AND STRUCTURES � 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. ,ilJ22 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. � 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. � CONTRACTOR shall give reasonable notice to the owner(s) of public or private property and utilities when such property is susceptible to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner(s) relative to the removal and replacement or protection of such property or utilities. � PROTECTION OF PROPERTY DURING INCLEMENT WEATHER � 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. � PROVISION FOR EMERGENCIES .z.aJ21 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 City Attorney Approved Version 6/12/18 29 June 21, 2022 Item #9 Page 37 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 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. � 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. .2!Jli2 RECORDS/REPORTS � 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 PesticideRegulations. 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 usereports, will be submitted electronically through email by January 10 each year, and will includethe total amounts of pesticides (and fertilizers) used on CITY property, per CDPR and NPDES. 4.Copies of current P.C.A., P.C.O., Q.A.L./C. and San Diego County P.C.A. registration shall berequired annually in January. � 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, andturned in monthly to CITY. 2.Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a spreadsheetlisting 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. City Attorney Approved Version 6/12/18 30 June 21, 2022 Item #9 Page 38 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 � Green Waste Recycling and Other Recycling Report: Attachment A 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. 31 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 39 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Category E Streetscapes, Medians, and Parkways PART I -GENERAL SPECIFICATIONS 1.0 STREETSCAPES, MEDIANS, AND PARKWAYS TO BE MAINTAINED PART II -TECHNICAL SPECIFICATIONS 2.0 MOWING 3.0 TURF AND GROUNDCOVER EDGING 4.0 AERIFICATION 5.0 RENOVATION 6.0 WATER AND IRRIGATION 7.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING 8.0 FERTILIZATION 9.0 WEED CONTROL 10.0 TREE, SHRUB AND GROUNDCOVER MAINTENANCE 11.0 MULCHING 12.0 DISEASE AND PEST CONTROL 13.0 PLANT MATERIALS 14.0 LITTER, LEAF, AND DEBRIS CONTROL 15.0 TURF RESEEDING/RESTORATION 16.0 TRASH RECEPTACLES 17.0 TRASH AND GREEN WASTE DISPOSAL 18.0 SWEEPING/WASHING HARD SURFACES 19.0 DRINKING FOUNTAIN MAINTENANCE 20.0 FACILITIES AND EQUIPMENT MAINTENANCE 21.0 MAINTENANCE MINIMUM FREQUENCIES Attachment A City Attorney Approved Version 6/12/18 32 June 21, 2022 Item #9 Page 40 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A PART I GENERAL SPECIFICATIONS 1.00 STREETSCAPES, MEDIANS, AND PARKWAYS TO BE MAINTAINED 1.01 The streetscapes, medians, and parkways to be maintained under the provisions of this CONTRACT are located at the following areas: Streetscapes Site Name Downtown Public Rights of Way Downtown Public Parking Lots Carlsbad Boulevard Rights of Way Downtown Beach Accesses El Camino Real Public ROWs Elmwood Street Rights of Way Palomar Airport Road Triangle Palomar Point Way Rights of Way Melrose Drive Triangle 14 Medians Site Name Alga Road Altisma Way* Avenida Encinas* Aviara Parkway Location Address 1.Bounded by 1-5 Freeway. to the East, Ocean Street to the West, Oak Avenue to the South, and Laguna Drive to the North1.Washington Street 2.Garfield Street 3.Roosevelt Street 4.State Street 5.Carlsbad Village Drive 1.Tamarack Avenue to Cannon Road (Both sides) 1.Oak Avenue 2.Carlsbad Village Drive 3.Grand Avenue 4.Christiansen Way 5.Beech Avenue 6.Cypress Avenue 7.Rue Des Chateaux / Mountain View Drive Point 1.Chestnut Avenue Intersection (NW and SW corner) 1.Laguna Drive N. to end of vacant lots (Both sides) 2.Chestnut Avenue to Cannon Road (West side) 1.Carlsbad Blvd. Intersection (SW corner to So/amar) 1.College Blvd. to end of Cul-de-sac (South Side) 1.Rancho Santa Fe Road Intersection (NW corner) Subtotal Approx. Acres Location Address 1.El Camino Real to Melrose Drive 1.Alicante Road to Caringa Way 1.Palomar Airport Road to Cannon Road 2.Poinsettia Lane to crib wall 1.Palomar Airport Road to Poinsettia Lane 2.Mimosa Drive to El Camino Real 33 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 41 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Bienvenida Circle* Calle Barcelona* Cannon Road Carlsbad Boulevard Carlsbad Village Drive Chestnut Avenue• College Boulevard El Camino Real Faraday Avenue Grand Avenue• Jefferson Street* La Costa Avenue Las Flores Drive• Madison Street* Melrose Drive Mountain View Drive• Palomar Airport Road Paseo Del Norte Poinsettia Lane 1.End of cul de sac 1.At Eastern intersection of Woodfern Lane 1.1-5 to College Blvd. 2.At R/R Crossing 1.Cannon Road to Northern limits of City Attachment A 2.Palomar Airport Road to La Costa Avenue (including 2' off roadway) 1.Carlsbad Boulevard to Pio Pico Drive 2.Tamarack Avenue to College Boulevard 3.El Camino Real to Avenida De Anita 1.Celinda Drive to El Camino Real 1.Palomar Airport Road to Aston Ave. 2.Cannon Road to Northern limits of City 1.Highway 78 to Southern limits of City 1.Cannon Road to Camino Hills Drive 2.At Western intersection Orion Street 1.Carlsbad Boulevard to Roosevelt Street 1.Marron Road Intersection 1.El Camino Real to 1-5 Freeway 2.At southern intersection of Rancho Santa Fe Road 1.Las Flores Dr. at Highland 1.Grand Avenue to Carlsbad Village Drive 1.Rancho Santa Fe Road to Lionshead Avenue 1.Ocean Street. Intersection 1 . 1-5 to Business Park Drive 1.Cannon Road to Palomar Airport Road 1.Carlsbad Boulevard to Eastern end of constructed road 2.Mica Road to Melrose Drive Rancho Santa Fe Rd./Olivenhain Rd. 1.Olivenhain Road to Calle Acervo 2.El Camino Real to La Costa Avenue 34 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 42 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Roosevelt Street* Tamarack Avenue* 3.San Elijo Road to Melrose 1.Carlsbad Village Drive to Grand Avenue 1.Jefferson Street to Sheridan Place 2.At R/R Crossing Attachment A 68 Subtotal Approx. Acres Parkways Site Name Acacia Avenue* Adams* 1. 1. Location Address End of cul-de-sac (Around and in front of street barrier at end of street) Hoover Street (East side -3 foot width) 2.Highland to Park Drive (both sides -3 foot width) Alga Road (undeveloped areas only) 1.Alicante to El Fuerte Street Arenal Road* Alicante Street* Altisma Way* Altiva Place* Avenida Encinas* Batiquitos Drive* Buena Vista Circle Calle Barcelona* Camino de los Coches* (Both sides -2 feet in from gutter line where there is no sidewalk and 6 feet in from gutter line where there is sidewalk.) 2.Paseo Abrazo to Xana Way 1. 1. 1. 1. 1. El Camino Real to Columbine Drive Altisma Way and Altiva Place 2404 Altisma Way to Alicante Street 7435 Altiva Place to Alicante Street Longberry Drive to Windsor Circle 2.North of 5850 Avenida Encinas north to business park (East side -1 foot width) 3.Palomar Airport Road south to NCTD train station 1.North and south of Poppy Lane 2.Poinsettia Avenue south to HOA landscaped area at Gabbiano Lane (West side -2 foot width) 1. 1. 1. NE side of road after intersection w/ S Buena Vista Cir. Woodfern Lane to "Leaving Carlsbad" sign South of La Costa Avenue to HOA landscape (East side -2 feet back from sidewalk) City Attorney Approved Version 6/12/18 35 June 21, 2022 Item #9 Page 43 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Cannon Road (undeveloped areas only) Canyon Road* Carlsbad Boulevard Carlsbad Village Drive 1. Attachment A Car Country Drive to Faraday Avenue ( South side -2 feet in from gutter line where there is no sidewalk, and 6 feet in from gutter line where there is sidewalk) 2.Strawberry Fields to El Camino Real (North side - 2 feet in from gutter line where there is no sidewalk;6 feet in from gutter line where sidewalk) 3.Cannon Lake to R.R. tracks (South side -20 foot width) 1. 1. End of cul de sac -Entire access to Carlsbad Village Dr. Corner of Breakwater Drive (East side -15 foot width) 2. Buena Vista Lagoon bridge to Laguna Drive (Both sides - 2 feet in from gutter line) 3.Palomar Airport Road to La Costa Avenue (Both sides - 2 feet in from gutter line) 4.Pine Avenue to inlet at Agua Hedionda Lagoon (West side -1 foot back from metal fence/sidewalk) 5.Cannon Road Intersection North to End of Wall (From road to block wall) 6.Island Way south to behind 6503 Surfside Lane (East side -back of curb to block wall) 1.Highland Drive to Valley Street (South side -3 foot width) 2.Pontiac Drive to Village H South eastern boundary (South side -3 foot width North side from Eucalyptus grove to HOA boundary) 3.Avenida de Anita to Concord Street Intersect (North side -3 foot width) 4.Donna Drive to Celinda Drive (South side -gutter line to wall) 5.Donna Drive to Rising Glen Apartments entry 36 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 44 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Chestnut Avenue* College Boulevard Cougar Drive* Daisy Avenue* El Camino Real (North side -6 feet in from gutter line) 6.Santa Clara Way to Pontiac Drive (South side -2 foot width) 7.Undeveloped area east of Concord to trail entrance I Eucalyptus trees (North side -3 foot width) Attachment A 8.Fire Station 1 parking lot east to maintained landscape (South side -3 foot width) 1.Highland Drive to El Camino Real (South side -to fence) 2.Celinda Drive to Seaview Way (North side undeveloped areas -3 foot width) 1.El Camino Real east to Sunny Creek Road (North side -2 foot width) 2.Palomar Point Way south to developed areas (Both sides -1 foot width) 1.North east corner dirt of El Camino Real east to HOA landscape (Corner and North side -3 foot width) 1. 1. Behind 902 Orchid Way to Primrose Way (South side -1 foot width) Carlsbad Village Drive to Tamarack Avenue (Both sides -6 feet in from gutter line) 2.Alga Road to bridge (West side -6 feet in from gutter line) 3.Alga Road to Arena! Lane (East side -2 feet in from gutter line) 4.Tamarack Avenue to Chestnut Avenue (East side -2 foot width) 5.South of Crestview Drive to Cannon Road (West side-back of sidewalk to chain link fence) 6.College Boulevard to Rancho Carlsbad Golf Course City Attorney Approved Version 6/12/18 37 June 21, 2022 Item #9 Page 45 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Estrella de Mar• Faraday Avenue Attachment A (East side -3 foot width) 7.Aviara Parkway to Arena! Road (West side -3 foot width) 8.Arena! to La Costa Avenue (West side -6 feet back of curb; 3 feet back of sidewalk 9.Palomar Airport Road to Orion (both sides-sidewalk+2') 1.Condo landscape, south to first home (West side -2 feet in from gutter line) 2.Pacifico Road south to 7243 Estrella de Mar (curb to chain link fence) 1.Cannon Road to Carlsbad Research Center including desal pump station landscape (Both sides -6 feet in from gutter line) Franciscan Road* 1.Entrance at end of cul-de-sac to Poinsettia NCTD train station (Both sides of walkway-1 foot width) Haymar Dr.* (West of College Blvd.) 1. Hemlock Avenue• 1. Hidden Valley Road* 1. Jefferson Street* 1. Juniper Avenue• 1. La Costa Avenue 1. Levante Street* 1. El Camino Real to end of cul-de-sac (North side -3 foot width) (South side -3 foot width commencing at end of shopping center) End of cul-de-sac (Around and in front of street barrier at end of street) 6005 Hidden Valley Road to Turnstone Road (South side -3 foot width) Bridge over 1-5 Freeway. to Marron Road (Both sides -2 feet in from gutter line) End of cul-de-sac (Around and in front of street barrier at end of street) 1-5 to El Camino Real (Both sides -6 foot width) Anillo Way to Escenico Terrace (East side- 6 feet in from gutter line) City Attorney Approved Version 6/12/18 38 June 21, 2022 Item #9 Page 46 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Longview Drive* Manzanita Street* Manzano Drive* Marron Road* Melrose Drive Monroe Street* Palomar Airport Road Park Drive* Paseo del Norte Pio Pico Drive* (undeveloped areas only) Poinsettia Lane 2.Caminito Monarca to Reposado Drive (West side -6 feet in from gutter line) 3.Empty lot next to 3028 Levante Street (Back of sidewalk to chain link fence) 1.Chestnut Avenue to end of cul-de-sac (West side -2 foot width) Attachment A 1.1850 Tule Court north to start of maintained landscape (3 foot width) 1. 1. 1. 1. 1. Carlsbad Boulevard east to end of street (South side -2 foot width) Monroe Avenue to bank parking lot (South side -B feet in from gutter line) Corintia Street to Rancho Santa Fe Road (Both sides, including NW comer of Corintia Street) Carlsbad Village Drive north to HOA property/tract entrance (West side -3 foot width) 24 Hour Fitness to Camino Vida Roble (Both sides 2 feet in from gutter line where there is no sidewalk;6 feet in from gutter line where sidewalk) 2.Avenida Encinas to 1-5 North Ramps (Both Sides - Sidewalk +2') 3.El Camino to Starbucks (North side -sidewalk +2') 1.South west corner and South east corner of Highland Drive (3 foot width -30 foot length on each corner) 2.Next to scoped areas and block retaining wall, south of Bruce Road (East side -1 foot width) 1. 1. 1. Next to open space 6130 Paseo del Norte south to apartment complex (East side -3 foot width) Las Flores Drive to Tamarack Avenue (West side -gutter line to fence) Batiquitos Drive to Sumac Lane (South side -to fence) 39 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 47 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Polly Lane* Ponto Drive* Attachment A 2.Avenida Encinas to Isthmus and 1-5 ramps sidewalk +2" (Both sides) 3. Aviara Parkway to end of sidewalk 1. 1. (South side -6 feet in from gutter line North side past Brigantine through open space) Tamarack Avenue to end of street (West side -3 foot width} Avenida Encinas, north to end of Street where development begins (Both sides-2 foot width) 2.Breakwater north to end of Street in front of Lanakai Mobile Home Park (Both sides -2 foot width) Rancho Santa Fe Rd./Olivenhain Rd. 1. La Costa Avenue to Paseo Lupino (West side -to bottom of slope) Tamarack Avenue* 2.Melrose Drive to old San Elijo Road (Both sides, including NE corner to La Costa Meadows Drive and SW corner of Melrose Drive) 3.OMWD office to Avenida La Cima (West side -6 feet in from gutter line) 4.La Costa Avenue to Camino Junipero (East side - 2 feet in from gutter line) 5.Northern entrance to Fire Station 6 south to HOA landscaping (West side -2 feet back from sidewalk; up to chain link fencing) 6.North of Camino Junipero/HOA landscaping to Avenida Soledad (East side - 2 feet back from sidewalk; up to chain link fencing) 7.Undeveloped area at Olivenhain Road to Las Olas Court (West side - 2 feet from sidewalk) 8.Avenida Aragon to Camino de los Coches (East side - 2 feet from sidewalk) 9. South east corner of La Costa Avenue (Both sides of corner-3 feet from sidewalk) 1.Jefferson Street to Linmar Lane City Attorney Approved Version 6/12/18 40 June 21, 2022 Item #9 Page 48 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 (North side -to fence) 2.Skyline Road to High Ridge Avenue Attachment A (Both sides-20 foot width, including crib walls) Vancouver Street* Washington Street* 3.Coastal Rail Trail Entrance (NE corner-10 foot width) 4.El Camino Real to Edinburgh Drive (South side -6 feet in from gutter line) 5.1-5 on/off ramps (sidewalk +2') 1.Intersection of Concord Street (North side -3 foot width) 1.Pine Avenue to Chestnut Avenue (East side -3 foot width) 8 Sub. Approx. Acres 90.0 TOTAL ACRES (STREETSCAPES, MEDIANS, AND PARKWAYS) Dimensions listed are for estimating purposes only. Investigation & measurement is up to CONTRACTOR. *CONTRACTOR is to account for sites as Non-Arterial Roads 1.02 CONTRACTOR acknowledges personal inspection of the areas, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition and physical condition at time of CONTRACT award, and agrees to make no demands upon CITY for any improvements or alterations thereof. City Attorney Approved Version 6/12/18 41 June 21, 2022 Item #9 Page 49 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 2.00 MOWING PART II TECHNICAL SPECIFICATIONS Attachment A 2.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth surface appearance without scalping or allowing excessive cuttings to remain. 2.02 Turf shall be mowed with a mower appropriate to the particular turf type being mowed. Equipment shall be properly maintained, clean, adjusted, and sharpened. 2.03 All mowing equipment shall be thoroughly washed following each mowing operation and prior to being transported to any other site. 2.04 Mow and maintain turf to the following height ranges: A.Bermuda: ¾ inch - 1 inch. B.Cool season turf including bluegrass, perennial rye and fescues: 1 ½ inches - 2 inches. C.Kikuyu: 3/4 inch - 1 ¼ inches. 2.05 Mowing operations shall be scheduled Monday through Friday. 2.06 Walkways shall be cleaned immediately following each mowing. 2.07 Mowing operations shall be scheduled at times of low public use. 2.08 Frequency of mowing shall be as often as needed to satisfy above provisions. 3.00 TURF AND GROUNDCOVER EDGING 3.01 All turf edges shall be kept neatly edged. All grass invasions into adjacent areas shall be eliminated. 3.02 String trimmers shall not be used to trim immediately around trees. Turf and groundcover shall be maintained a minimum of one (1) foot from the trunks of trees by use of appropriate chemicals or hand trimming. 3.03 A 36-inch diameter circle shall be maintained around young trees with immature bark or a diameter at breast height of less than 6 inches. Circles may include a watering basin, and/or a 2-inch deep layer of mulch, where appropriate. Circles shall be kept free of weeds and grasses by use of appropriate chemicals or hand trimming. 3.04 Turf and groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment and other obstacles; and around sprinklers, to provide optimum water coverage. 3.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. 3.06 Walkways shall be cleaned immediately following each edging. 3.07 Frequency of mechanical edging of turf shall be as often as needed to satisfy the above provisions. 3.08 Frequency of ground cover edging shall be as often as needed to satisfy the above provisions, but at a minimum weekly. City Attorney Approved Version 6/12/18 42 June 21, 2022 Item #9 Page 50 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 4.00 AERIFICATION 4.01 Aerate all turf areas by using a device that removes cores to a depth of two (2) inches at not more than six (6)inch spacing. 4.02 CONTRACTOR shall assure that turf areas to be aerified are properly and evenly moist prior to aerification operation. 4.03 Remove or shred cores so that they are not unsightly or a nuisance. 4.04 CONTRACTOR shall flag all irrigation heads, valve boxes, quick-couplers, and the like, prior to commencing aeration operations. CONTRACTOR shall be responsible for any damage to irrigation, boxes, pavement, etc. from aerifier and other equipment. 4.05 Aerification of turf areas shall be as often as needed to ensure top quality, healthy, and lush turf, but at minimum quarterly. 5.00 RENOVATION 5.01 CONTRACTOR will renovate the turf areas one (1) time per year according to a schedule established by CITY. A.Turf shall be drop-cuUmowed at a maximum of½ the normal mow height and a minimum of¾ the normal mow height. All clippings shall be removed. B.Turf shall be dethatched with a power dethatcher (vertical cutter), with the blades penetrating the soil approximately ½ inch. Clippings shall be removed with a turf sweeper. Clippings in areas which are not accessible to the turf sweeper may be removed by means of thorough raking. C.Turf areas shall be aerified as specified in Section 4.00 AERIFICATION. D.Turf, on all athletic fields and on other areas that are damaged, vandalized, bare or thin in the determination of CITY, shall be repaired as specified in Section 15.00 TURF RESEEDING/ RESTORATION. E.Turf areas shall be fertilized as specified in Section 8.00 FERTILIZATION. 5.02 If CONTRACTOR feels that supplemental renovation is needed, he shall notify CITY prior to proceeding. 6.00 WATERING AND IRRIGATION 6.01 All landscaped and turf areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. 6.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems. 6.03 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY immediately of any deficiencies in irrigation at these sites. City Attorney Approved Version 6/12/18 43 June 21, 2022 Item #9 Page 51 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 6.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. 6.05 Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. 6.06 Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY'S water conservation ordinance. 6.07 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours. 6.08 Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. 6.09 No irrigation shall be done during periods of measurable rain without prior written approval of CITY. 6.1 O CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 7.00 IRRIGATION MAINTENANCE, REPAIR AND TESTING 7.01 CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $500 per month, with CITY'S approval. Documentation supporting the reimbursement request shall be provided at the request of CITY. 7.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts, heads, or other equipment replacements, as described in Section 7.01) for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other causes) of all components, including, but not limited to: A.Heads, nozzles, bodies, nipples, elbows, unions, risers B.Lateral and main lines C.Valves (control valves, ball valves, quick-coupler valves, etc., master valves) D. Pumps and flow sensors E.Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like) F.Backflow devices G.Pressure regulators 7.03 CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. 7.04 Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed urgent by CITY. 7.05 Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by CITY prior to any installation thereof. City Attorney Approved Version 6/12/18 44 June 21, 2022 Item #9 Page 52 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 7.06 CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three crew members. 7.07 CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote valve actuator. 7.08 Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. 7.09 CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. 7 .10 During irrigation testing CONTRACTOR shall: A.Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. B.Check for, and correct all leaks, including pipes, risers, seals, turrets, etc. C.Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications. D.Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. E.Check valve boxes and covers. Repair or replace as needed. Replace and secure cover bolts as needed. F.Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. 7.11 Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported, including effected valve station(s) and other pertinent details, to CITY. Said reporting may be verbal or in writing at the discretion and to the satisfaction of CITY. 7 .12 In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 7 .13 CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. 7.14 All valve boxes shall be identified with heat-branded markings. 7.15 CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzles and the like. As-built changes shall be complete to the satisfaction of CITY. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by CITY, and shall be submitted within two (2) working days of completion of the work. City Attorney Approved Version 6/12/18 45 June 21, 2022 Item #9 Page 53 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 7.16 Frequencies of irrigation testing shall be weekly or more frequently if problems or conditions indicate a need. 8.00 FERTILIZATION 8.01 Products and rates of application shall be determined by CITY. 8.02 CONTRACTOR shall include scheduling of fertilizations on an annual calendar, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00, and for school sites, noticing in accordance with all provisions of the Safe Schools Act. 8.03 CONTRACTOR shall give written notice to CITY at least three (3) City business days in advance of fertilizer application at a given site. 8.04 CONTRACTOR shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall be retained on the site for CITY'S inspection and shall be removed promptly following inspection. 8.05 Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 8.06 Turf, trees, shrubs and groundcover areas shall be fertilized as often as necessary to ensure top quality, healthy, and lush material but at minimum quarterly. 9.00 WEED CONTROL 9.01 All areas shall receive diligent control of weeds by employing all industry-recognized, legal methods, as approved by CITY. 9.02 The following areas shall be kept weed free: turf, shrub areas, ground cover beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with ornamental rock or mulch. 9.03 For sites adjacent to schools, noticing of all chemical applications shall be in accordance with all provisions of the Safe Schools Act. 9.04 Chemical applications shall be done as needed. Weeds, which grow from, or spread by, underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete. Notification of spraying shall be made in writing to CITY at least three (3) business days prior to spraying. 9.05 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed as needed to satisfy above provisions, but at minimum weekly. 9.06 Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds as needed. Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses. 9.07 Pre-emergent herbicide materials to be used shall be as approved by CITY. Materials to be used shall be those best suited to the control of the target weeds in the given planting. 9.08 Pre-emergent herbicide applications shall be carefully scheduled as approved by CITY, and shall be made per label instructions for optimum control. Scheduling of pre-emergent herbicide applications shall be reflected on the annual calendar, along with notation identifying material name and target weeds. City Attorney Approved Version 6/12/18 46 June 21, 2022 Item #9 Page 54 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 9.09 Pre-emergent herbicide applications shall be made annually, and as required for optimum control of target weeds. 10.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE 10.01 CONTRACTOR is responsible for tree work within fifteen (15) feet of the ground. 10.02 Trimming of trees and shrubs for vehicular and pedestrian clearance, visibility, access, plant health and appearance shall be done as needed, but at minimum semi-annually according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 10.03 All trimming and tree tying shall conform to I.S.A Standards. CONTRACTOR shall not allow any tree to be topped. 10.04 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways, and an eight (8) foot clearance for branches overhanging walkways and other pedestrian paths. Lower branching may be allowed for trees in background and ornamental areas. Trim plant materials where necessary to maintain pedestrian access and safe vehicular visibility and clearance and to prevent hazardous conditions. 10.05 Shearing: Only hedge plants shall be sheared. These plants may also require additional thinning to maintain a healthy condition. 10.06 Tree trimming shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 10.07 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. Median shrubs to be maintained at a height no more than thirty-six (36) inches unless approved by CITY. Median safety strips are to be clear at all times. 10.08 Where needed tree stakes, [two (2) per tree] shall be pentachlorophenol treated lodge pole pine. Stakes shall be placed vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CITY. Guy wires are to be used where needed and maintained by CONTRACTOR. 10.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 10.10 Periodic staking and tying shall be done as needed. 10.11 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage above fifteen (15) feet in height from the ground shall be reported to CITY. 10.12 Groundcover A.Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate to the species and conditions. 8.All dead, diseased and unsightly branches, vines or other growth shall be removed immediately. C.All groundcover areas shall be trimmed and maintained as needed to keep neat but natural edges, but at minimum bi-weekly as specified in the MAINTENANCE FREQUENCIES table in Section 21.00. City Attorney Approved Version 6/12/18 47 June 21, 2022 Item #9 Page 55 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A D.Groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like. 10.13 Remove all dead shrubs and trees. CITY shall be notified 48 hours in advance of the removal of any tree. Trees to be removed shall have a diameter at breast height of six (6) inches or less. Trees measuring over this diameter at breast height may be removed as "Extra Work" at the discretion of CITY. 10.14 All trimming and debris shall be removed and properly disposed of immediately. 10.15 Flowering plants, including, but not limited to, Agapanthus, Pelargonium, Gaura, Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of excessive spent blooms, flower stalks and the like, but at minimum bi-weekly according to the frequencies specified in the MAINTENANCE MINIMUM FREQUENCY table in Section 21.00. Plants shall be renovated following peak bloom, and as needed, to produce optimum color production and plant health. Renovation methods and timing shall be as approved by CITY. 11.00 MULCHING 11.01 A minimum three (3) inch layer of approved mulch shall be maintained by CONTRACTOR in all tree, shrub, groundcover, dog park, and vacant pad areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, and shall not cover plant material or the bases of trees or shrubs. 11.02 All areas to receive mulch shall be free of weeds prior to mulching. 11.03 Mulch shall be maintained free of litter and foreign matter. 11.04 CONTRACTOR shall replenish mulch as required to maintain specified conditions. 11.05 CONTRACTOR shall pay the actual cost of mulch material(s) and delivery to CITY designated site(s). CONTRACTOR shall supply, at its expense, all equipment and labor required to move mulch from the site(s) and to place in required areas. CONTRACTOR shall only take that amount of mulch need to perform the Services herein. 11.06 CONTRACTOR shall submit specifications for mulch type(s) indicating material included in mixture, admixtures, or additives for approval by CITY. CONTRACTOR shall indicate in this submittal the actual delivered cost of mulch type(s) to the designated stockpile site. 11.07 Mulching operation shall be accomplished in a timely manner, so that all material is placed and the site is left clean and level, all to the satisfaction of CITY. CONTRACTOR shall implement appropriate and effective BMP'S to insure storm water pollution prevention compliance for all aspects of mulching operations at the designated site(s) and required areas of placement. 12.00 DISEASE AND PEST CONTROL 12.01 All landscaped areas shall be maintained free of disease and insects that could cause or promote damage to plant materials including but not limited to trees, shrubs, groundcover and turf. 12.02 CITY shall be notified immediately of any disease, insects or unusual conditions that might develop. 12.03 A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a licensed California Pest Control Advisor. 12.04 CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests. CONTRACTOR shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 12- hour period after observation by CONTRACTOR or notification from CITY. City Attorney Approved Version 6/12/18 48 June 21, 2022 Item #9 Page 56 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 12.05 Gophers and other rodents shall be eliminated by only appropriate, legal exterminating techniques (traps, poison, etc.), approved by CITY. 12.06 CONTRACTOR shall collect dead animals and communicate with applicable county/state agencies on disposal. 12.07 Frequency of disease and pest control operations shall be as needed to satisfy above provisions. 13.00 PLANT MATERIALS 13.01 Plant materials shall conform to the requirements of the site specific landscape plan on file with CITY, and to "Horticultural Standards" of American Association of Nurserymen as to variety, species, size, age, etc. 13.02 Plans of record and specifications should be consulted to ensure correct identification of species. Substitutions may be allowed but only with the prior written approval of CITY. 13.03 Quality A.Plants shall be sound, healthy and vigorous, free from plant disease, insect pest or their eggs, and shall have healthy normal root systems and comply with all state and local regulations governing these matters, and shall be free from any noxious weeds. B.Plant materials shall be symmetrical, and/or typical for variety and species. C.Trees shall not have been topped. D.Roots shall not have been allowed to circle or become bound at any stage of growth. E.All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by CITY. 13.04 Plant Materials Guarantee A.CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain in healthy condition, regardless of the reason for said failure, as follows: B. All trees shall be guaranteed for one year from the date of acceptance of the job by CITY. C.All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by CITY. 14.00 LITTER, LEAF. AND DEBRIS CONTROL 14.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated debris as needed, but at minimum once daily, from all areas to be maintained. 14.02 Complete policing, litter pick up and supplemental hand sweeping of edges, corners and other areas inaccessible to power equipment shall be accomplished as needed, but at minimum once daily, to ensure a neat appearance. 14.03 Accumulation of leaves and debris shall be removed as needed, from all landscaped areas. 14.04 Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch. City Attorney Approved Version 6/12/18 49 June 21, 2022 Item #9 Page 57 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 14.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be CONTRACTOR'S responsibility. 14.06 Removal of stickers and graffiti shall be conducted immediately upon observation, but at minimum once daily. 14.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal. 14.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. (excluding political/campaign signs during election seasons) as needed, but at minimum, once daily. The removed signs shall be returned to the CITY. Posting of such signs are in violation of the Municipal Ordinance. 15.00 TURF RESEEDING/RESTORATION 15.01 Damaged, vandalized, bare, or thin turf areas shall be overseeded, plugged, or sodded as often as required by CITY, to maintain turf to an acceptable quality. 15.02 Areas to be so treated shall be prepared as needed to provide an adequate soil condition for seed to germinate and/or turf to establish. Preparation may require, as needed, aeration, dethatching, soil amendment and tilling. Areas shall be fine graded to provide for surface drainage and to match surrounding turf and borders. 15.03 Seed, sod, plugs, or stolons to be used and application rate shall be as approved by CITY. All seed, plug or stolons shall be covered with an approved top dressing at a rate of ( 1) cubic foot per 72 square feet or not to exceed ¼ inch in depth. 15.04 Repaired areas shall receive supplemental water by hand, controller cycle, or portable sprinkler as needed to establish turf. 16.00 TRASH RECEPTACLES 16.01 All exterior trash receptacles shall be checked at least daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00 and emptied whenever more than 1/2 full, and as needed to prevent objectionable odors or other unsanitary conditions. 16.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed each time a receptacle liner is emptied. 16.03 Any liquid accumulation or other foreign matter, which may remain in a receptacle when the liner is removed, shall be removed and washed out as needed. Inside of receptacles shall be dry when new liner is installed. 16.04 Receptacles and related appurtenances shall be cleaned as needed to avoid stains, concentrations of insects, odors, etc. 16.05 Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if displaced. 16.06 Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered with lids that are provided 16.07 CONTRACTOR shall replace trash receptacles, provided by CITY, in place of any which are rusty, dented, graffitied, or which are otherwise unsuitable. Unsuitable receptacles shall be transported and disposed of properly by CONTRACTOR. City Attorney Approved Version 6/12/18 50 June 21, 2022 Item #9 Page 58 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 17 .00 TRASH AND GREEN WASTE DISPOSAL 17.01 All trash, green waste and accumulated debris shall be removed from the site, immediately upon collection and disposed of by CONTRACTOR at a legal waste collection site, or landscape materials recycling center, as applicable. The cost to dispose of said trash, green waste and accumulated debris will be at CONTRACTOR'S own expense. 18.00 SWEEPING/WASHING HARD SURFACES 18.01 Walkways, steps, picnic hard surface areas, curbs, gutters and parking lots shall be cleaned, including but not limited to, the removal of all foreign objects from surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass, staples, etc., as needed, but at minimum daily as according to specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. If any graffiti cannot be completely removed by cleaning/washing tasks, CONTRACTOR shall immediately paint those affected surfaces with a material approved by CITY. 18.02 Supplemental hand sweeping of parking lot edges, corners and other parking lot areas shall be required in those areas inaccessible to power equipment or where use of power equipment would have an adverse community effect. 18.03 Blowers used in performance of this CONTRACT shall be low-noise type equipment rated at or below 65 decibel level. 18.04 Sweep hard surface areas, parking lot corners, walkways, steps, picnic hard surface areas, median hardscapes and hard court areas according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 18.05 Heavy accumulations of debris to be vacuumed from median hardscapes at direction of CITY. 19.00 DRINKING FOUNTAIN MAINTENANCE 19.01 Clean and disinfect drinking fountains, drain and sand trap as needed, but at minimum daily according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 19.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be unclogged using a plunger or snake shall immediately be reported to CITY. 19.03 Water supply to a leaking fixture shall be shut off when it is required. 20.00 FACILITIES AND EQUIPMENT MAINTENANCE 20.01 Damaged decorative or delineation bollards, rails and fencing -including, but not limited to concrete, chain link, welded wire, steel post-wire, wood or vinyl coated steel post-rail, and tube steel -shall be repaired/replaced as needed by CONTRACTOR. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per year, with CITY'S approval. 20.02 CONTRACTOR shall inspect all benches, slabs, trash/recycling receptacles, and the like as needed, but at minimum daily, according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. Deficiencies which are CONTRACTOR'S responsibility shall be corrected immediately. Any other deficiency shall be reported to CITY immediately. 20.03 Garbage and leftover food in and around benches, slabs, trash/recycling receptacles, and the like shall be removed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. City Attorney Approved Version 6/12/18 51 June 21, 2022 Item #9 Page 59 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 20.04 Benches, slabs, trash/recycling receptacles, and the like shall be cleaned as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 20.05 Trash/recycling receptacles shall be cleaned as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 21.00. 20.06 All dog waste bag stations shall be kept stocked, clean, and in good condition at all times. CONTRACTOR shall re-stock the dog waste bags at all such stations as needed, but at minimum once daily. The maker and type of dog waste bags shall be at the approval of, and at no additional cost to, CITY. 20.07 All storm water pollution prevention devices and Best Management Practices (e.g., straw wattles, silt fences, gravel bags, etc.) shall be maintained by CONTRACTOR in good order at all times. These devices and BMPs shall be cleaned or replaced by Oct. 1 each year, and as often as needed thereafter to fulfill their intended purpose. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per year, with CITY'S approval. City Attorney Approved Version 6/12/18 52 June 21, 2022 Item #9 Page 60 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 21.00 MAINTENANCE MINIMUM FREQUENCIES As a non-inclusive table of tasks required under this CONTRACT, the following maintenance minimum frequencies shall apply to the referenced tasks: lrriaation Maintenance Testing 2 Turf Maintenance Mowino/Edoino 8 Weed Control 2 Cliooino Removal 8 Fertilize 6 Aerate/Thatch 6 Pest Control 8 Visual Inspection 2 Planters & Ground Cover Maintenance dail� 1 Removino Spent Blossoms 3 weekly 2 Trimmino 3 bi-week I� 3 Cultivate 3 monthly 4 Weed Control 2 bi-monthly 5 Fertilize 6 quarterly 6 Pest Control 8 semi-annuallv 7 Shrub Maintenance as needed 8 Weed Control 2 Trimmino 4 Fertilize 6 Pest Control 8 Tree Maintenance Trimmino 7 Fertilize 6 Re-Stake/Check 8 Pest Control 8 Hardscaoe Maintenance Gutters, Curbs, Sidewalks, Roadwavs, 1 Miscellaneous Asphalt, Concrete and D.G. 1 Trash and Litter Pickup (Including food etc.) 1 Drinkina Fountain Maintenance 1 Facilities & Equipment Maintenance Damaqed Bollards Rails & Fencino Repair/Replace. 8 Cleanino Benches and Slabs 1 Cleanino Trash/Recvclino Receptacles 1 Doo Waste Bao Station Stockino and Cleanino 1 53 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 61 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A Category F Undeveloped Park Sites, Urban Forests, and Trailheads/Planters PART I -GENERAL SPECIFICATIONS 1.0 UNDEVELOPED PARK SITES, URBAN FORESTS, AND TRAILHEADS/PLANTERS TO BE MAINTAINED PART II -TECHNICAL SPECIFICATIONS 2.0 GROUNDCOVER EDGING -TRAILHEADS/PLANTERS 3.0 WATERING AND IRRIGATION-TRAILSHEADS/PLANTERS 4.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING - TRAILSHEADS/PLANTERS 5.0 FERTILIZATION-TRAILHEADS/PLANTERS 6.0 WEED CONTROL -TRAILHEADS/PLANTERS 7.0 TREE, SHRUB AND GROUNDCOVER MAINTENANCE­ TRAI LH EADS/PLANTERS 8.0 MULCHING -TRAILHEADS/PLANTERS 9.0 DISEASE AND PEST CONTROL -TRAILHEADS/PLANTERS 10.0 PLANT MATERIALS-TRAILHEADS/PLANTERS 11.0 LITTER, LEAF, AND DEBRIS CONTROL -TRAILHEADS/PLANTERS 12.0 TRASH RECEPTACLES-TRAILHEADS/PLANTERS 13.0 TRASH AND GREEN WASTE DISPOSAL-TRAILHEADS/PLANTERS 14.0 SWEEPING/WASHING HARD SURFACES -TRAILHEADS/PLANTERS 15.0 DRINKING FOUNTAIN MAINTENANCE-TRAILHEADS/PLANTERS 16.0 FACILITIES AND EQUIPMENT MAINTENANCE-TRAILHEADS/PLANTER 17.0 BLOCK HOUSE MAINTENANCE-TRAILHEADS/PLANTERS 18.0 GROUNDS MAINTENANCE-UNDEVELOPED PARK SITES AND URBAN FORESTS 19.0 TREE AND SHRUB MAINTENANCE-URBAN FORESTS 20.0 GROUNDS MAINTENANCE-TRAILS AT TRAILHEADS/CRT PLANTERS 21.0 MAINTENANCE MINIMUM FREQUENCIES 54 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 62 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A PART I GENERAL SPECIFICATIONS 1.00 UNDEVELOPED PARK SITES, URBAN FORESTS, AND TRAILHEADS/PLANTERS TO BE MAINTAINED 1.01 The undeveloped park sites, urban forests, and trails maintenance services under this CONTRACT shall be performed in accordance with Carlsbad's Open Space Management Plan, Habitat Management Plan, Preserve Management Plan and Community Forest Management Plan. 1.02 The undeveloped park sites, urban forests, and trails to be maintained under the provisions of this CONTRACT are located at: Undeveloped Park Sites Approximate Acres 6.8 13.0 35.7 12.0 Location Name Cannon Lake Park (w/ NTP) Robertson Ranch Park Veterans Memorial Park Zone 5 Park 67.5 Subtotal Approximate Acres Urban Forests Approximate Acres 6.3 39.5 11.8 Location Name Batiquitos Drive Slopes Hosp Grove Forest Woodbine Banks 57.6 Subtotal Approximate Acres Trailheads / Planters Approximate Acres 3.5 2.6 2.5 2.5 .2 . 3 Location Name Coastal Rail Trailheads and Planters Hosp Grove Trailhead (#1) Hosp Grove Trailhead (#2) Hosp Grove Trailhead (#3) Lake Calavera Trailhead (#1) Lake Calavera Trailhead (#2) 21, 2022 55 Address S.side of Cannon Road, E. of RR Tracks Cannon Road and Wind Trail Way Faraday Avenue and Whitman Way Faraday Avenue and Camino Hills Drive Address E. side Batiquitos Dr./Poppy to Daisy Dr. Jefferson Street and Marron Road E.side El Camino Real, Chestnut to Tamarack Address East side of RR, Tamarack to Oak Aves Monroe Street -South of Marron Road Wickham Way -East of Monroe Street Hosp Way -East of Wintergreen Avenue Carlsbad Village and Peninsula Drives S.side Tamarack Ave., E. of Strata Dr . City Attorney Approved Version 6/12/18 Item #9 June 21, 2022 Item #9 Page 63 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 .3 .3 .3 .3 12.8 Lake Calavera Trailhead (#3) Village H South Trailhead The Crossings Trailhead Aqua Hedionda Trailheads Subtotal Approximate Acres Attachment A S.side Skyhaven Dr., W. of SDGE Road Carlsbad Village Drive and Victoria Ave. The Crossings Drive Bayshore Drive and Garfield Street 137.9 TOTAL AC. (UNDEVELOPED PARK SITES, URBAN FORESTS, TRAILHEADS/PLANTERS) Dimensions listed are for estimating purposes only. Investigation & measurement is up to CONTRACTOR. 1.03 CONTRACTOR acknowledges personal inspection of the areas, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the premises in their present physical condition and physical condition at the time of CONTRACT award, and agrees to make no demands upon CITY for any improvements or alterations thereof. City Attorney Approved Version 6/12/18 21, 56 June 21, 2022 Item #9 Page 64 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 PART II TECHNICAL SPECIFICATIONS 2.00 GROUND-COVER EDGING -TRAILHEADS/PLANTERS Attachment A 2.01 All ground cover shall be kept neatly edged. All ground cover invasions into adjacent areas shall be eliminated. 2.02 String trimmers shall not be used to trim immediately around trees. Groundcover shall be maintained a minimum of one ( 1) foot from the trunks of trees by use of appropriate chemicals or hand trimming. 2.03 A 36-inch diameter circle shall be maintained around young trees with immature bark or a diameter at breast height of less than 6 inches. Circles may include a watering basin, and/or a 2-inch deep layer of mulch, where appropriate. Circles shall be kept free of weeds and grasses by use of appropriate chemicals or hand trimming. 2.04 Groundcover shall be trimmed or limited around valve boxes, meter boxes, backflow devices, park equipment and other obstacles; and around sprinklers as needed to provide optimum water coverage. 2.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass invasion. 2.06 Walkways shall be cleaned immediately following each edging. 2.07 Frequency of edging of ground cover shall be as often as needed to satisfy the above provisions, but at a minimum weekly. 3.00 WATERING AND IRRIGATION-TRAILHEADS/PLANTERS/URBAN FORESTS 3.01 All landscaped areas shall be irrigated, as required to maintain adequate growth and appearance, with a schedule most conducive to plant growth. The delivery of adequate moisture to the landscaped areas shall include, but not be limited to: hand watering, operation of manual valves, proper utilization of automatic controllers and valves. 3.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully trained in all phases of landscape irrigation systems, thoroughly familiar with the particular equipment in use, and fully equipped and capable of performing proper programming and operation of the irrigation systems. 3.03 CONTRACTOR shall be responsible for performing all specified irrigation tasks including, but not limited to: testing, adjustments, repairs, replacements, and supplemental watering. CONTRACTOR shall notify CITY immediately of any deficiencies in irrigation at these sites. 3.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules provided to CITY monthly, and whenever modifications are performed over subsequent month. 3.05 Areas not provided with an irrigation system shall be hand watered by CONTRACTOR. This includes situations where the automatic system is inoperable for any reason. CONTRACTOR shall be responsible for providing all equipment, such as hoses, couplers and nozzles to accomplish this task. 3.06 Watering shall be regulated to avoid interference with any use of roadways, paving or walks, and to be in compliance with CITY'S water conservation ordinance. 3.07 Controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or early morning hours. City Attorney Approved Version 6/12/18 57 June 21, 2022 Item #9 Page 65 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 3.08 Irrigation shall be controlled in such a way as not to cause any excessively wet area, which could be damaged by mowing or other traffic. 3.09 No irrigation shall be done during periods of measurable rain without prior approval of CITY. 3.1 O CONTRACTOR shall be responsible for replacing all plant materials that die or are permanently damaged due to excessive or insufficient watering. 4.00 IRRIGATION MAINTENANCE, REPAIR AND TESTING -TRAILHEADS/PLANTERS/URBAN FORESTS 4.01 CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other irrigation system equipment replacements that exceed $500 per month, with CITY'S approval. Documentation supporting the reimbursement request shall be provided at the request of the CITY. 4.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts, heads, or other equipment replacements, as described in Section 4.01) for maintenance of the irrigation system including repairs and replacements (whether due to damage, malfunction, vandalism, normal wear, or other causes) of all components, including, but not limited to: A.Heads, nozzles, bodies, nipples, elbows, unions, risers B.Lateral and main lines C.Valves (control valves, ball valves, quick-coupler valves, etc, master valves) D.Pumps and flow sensors E.Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the like) F.Backflow devices G.Pressure regulators 4.03 CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation component indicating the location, valve station number, problem, size, and type of irrigation equipment. 4.04 Repair or replacement of irrigation components by CONTRACTOR shall be completed within two (2) working days of determining damaged or inoperable irrigation component, or sooner to prevent damage to landscaping, or if the repair is otherwise deemed urgent by CITY. 4.05 Replacements of irrigation equipment shall be with originally specified equipment of the same size and quality or substitutes approved by CITY prior to any installation thereof. 4.06 CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of landscape irrigation systems and thoroughly familiar with the particular equipment in use. Technicians shall be fully equipped and capable of identifying and isolating problems and performing the proper programming, inspection, testing, repair and maintenance of the irrigation systems. All of CONTRACTOR'S crew members working on irrigation shall be appropriately trained and under the direct supervision of a qualified Irrigation Technician per every three crew members. 4.07 CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in programming Calsense irrigation controllers and central command and equipped with Calsense Radio Remote hand-held remote valve actuator. City Attorney Approved Version 6/12/18 58 June 21, 2022 Item #9 Page 66 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 4.08 Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark with a flag marker any dry or stressed areas. During the course of the irrigation test, CONTRACTOR shall determine the cause of the noted deficiency and make needed repairs. 4.09 CONTRACTOR shall sequence controller(s) to each station to check the function of all facets of the irrigation system. 4.10 During irrigation testing CONTRACTOR shall: A.Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention of runoff and erosion, and prevention of excessive overspray onto adjacent areas. B.Check for, and correct all leaks, including pipes, risers, seals, turrets, etc. C.Clean, flush, adjust, repair or replace any equipment, head or component that is not functioning to manufacturer's specifications. D.Adjust valves and heads to keep all systems operating at manufacturer's recommended operating pressures. Valve throttling and pressure gauging shall be employed to prevent excessive fogging. E.Check valve boxes and covers. Repair or replace as needed. Replace and secure cover bolts as needed. F.Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-drain devices including in-head check devices. 4.11 Any system malfunction, damage, or deficiency not immediately resolved after testing shall be reported, including effected valve station(s) and other pertinent details, to CITY. Said reporting may be verbal or in writing at the discretion and to the satisfaction of CITY. 4.12 In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported. 4.13 CONTRACTOR shall be responsible for coordinating with the CITY on annual certification of backflow prevention devices and testing of recycled water connection/coverage. 4.14 All valve boxes shall be identified with heat-branded markings. 4.15 CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems, including, piping, relocation of equipment or sprinkler heads, replacement of heads with another make or model, changes in nozzles and the like. As-built changes shall be complete to the satisfaction of CITY. As-built drawings shall be made neatly and legibly on a blue-line copy of the irrigation drawings supplied by CITY, and shall be submitted within two (2) working days of completion of the work. 4.16 Frequencies of irrigation testing shall be weekly or as needed to ensure proper operation of system. 5.00 FERTILIZATION -TRAILHEADS/PLANTERS 5.01 Products and rates of application shall be determined by CITY. 5.02 CONTRACTOR shall include scheduling of fertilizations on an annual calendar, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 22.00, and for school sites, noticing in accordance with all provisions of the Safe Schools Act. City Attorney Approved Version 6/12/18 59 June 21, 2022 Item #9 Page 67 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 5.03 CONTRACTOR shall give written notice to CITY at least three (3) City business days in advance of fertilizer application at a given site. 5.04 CONTRACTOR shall have all materials delivered to the site in properly labeled, unopened bags. All bags shall be retained on the site for CITY'S inspection and shall be removed promptly following inspection. 5.05 Application of fertilizer shall be done in sections, determined by the areas covered by each irrigation system. Adequate irrigation shall immediately follow the application of fertilizer to force fertilizer material to rest directly on the soil surface. 5.06 Trees, shrubs and groundcover areas shall be fertilized as often as necessary to ensure top quality, healthy, and lush material but at minimum quarterly. 6.00 WEED CONTROL -TRAILHEADS/PLANTERS 6.01 All areas shall receive diligent control of weeds by employing all industry-recognized, legal methods, as approved by CITY. 6.02 The following areas shall be kept weed free: shrub areas, ground cover beds, planters, cracks in paved areas, including sidewalks, curbs, asphalt, all hardscape and areas covered with ornamental rock or mulch. 6.03 For school sites, noticing of all chemical applications shall be in accordance with all provisions of the Safe Schools Act. 6.04 Chemical applications shall be done as needed. Weeds, which grow from, or spread by, underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete. Notification of spraying shall be made in writing to CITY at least three days prior to spraying. 6.05 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed as needed to satisfy above provisions, but at minimum weekly. 6.06 Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds as needed. Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses. 6.07 Pre-emergent herbicide materials to be used shall be as approved by CITY. Materials to be used shall be those best suited to the control of the target weeds in the given planting. 6.08 Pre-emergent herbicide applications shall be carefully scheduled as approved by CITY, and shall be made per label instructions for optimum control. Scheduling of pre-emergent herbicide applications shall be reflected on the annual calendar, along with notation identifying material name and target weeds. 6.09 Pre-emergent herbicide applications shall be made annually, and as required for optimum control of target weeds. 7.00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE -TRAILHEADS/PLANTERS 7.01 CONTRACTOR is responsible for tree and shrub work within fifteen (15) feet of the ground. 7.02 Trimming of trees and shrubs for vehicular and pedestrian clearance, visibility, access, plant health and appearance shall be done as needed, but at minimum semi-annually according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. City Attorney Approved Version 6/12/18 60 June 21, 2022 Item #9 Page 68 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 7.03 All trimming and tree tying shall conform to I.S.A Standards, and the specific directions of CITY. CONTRACTOR shall not allow any tree to be topped. 7.04 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways, and an eight (8) foot clearance for branches overhanging walkways and other pedestrian paths. Lower branching may be allowed for trees in background and ornamental areas. Trim plant materials where necessary to maintain pedestrian access and safe vehicular visibility and clearance and to prevent hazardous conditions. 7.05 Shearing: Only hedge plants shall be sheared. These plants may also require additional thinning to maintain a healthy condition. 7.06 Tree trimming shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. 7.07 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict growth of shrubbery to area behind curbs and within planter beds by pruning. 7.08 Where needed tree stakes, [two (2) per tree] shall be pentachlorophenol treated lodge pole pine. Stakes shall be placed vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CITY. 7.09 Plant ties shall be checked frequently and either retied to prevent girdling or removed along with the stakes when no longer required. 7.10 Periodic staking and tying shall be done as needed. 7.11 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage above fifteen (15) feet in height from the ground shall be reported to CITY. 7 .12 Groundcover A.Groundcover shall be renovated as needed. Renovation of groundcover shall include thinning and/or shearing of groundcover and fertilization; and may include bed cultivating and/or mulching, as appropriate to the species and conditions and as directed by CITY. B.All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop. C.All groundcover areas shall be trimmed and maintained as needed to keep neat but natural edges, but at minimum bi-weekly as specified in the MAINTENANCE FREQUENCIES table in Section 20.00. D.Except as specifically directed by CITY, groundcover plants shall be prevented from climbing utilities, shrubs, trees, and the like. 7.13 Remove all dead shrubs and trees. CITY shall be notified 48 hours in advance of the removal of any tree. Trees to be removed shall have a diameter at breast height of six (6) inches or less. Trees measuring over this diameter at breast height may be removed as "Extra Work" at the discretion of CITY. 7.14 All trimming and debris shall be removed and properly disposed of immediately. 7.15 Flowering plants, including, but not limited to, Agapanthus, Pelargonium, Gaura, Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of excessive spent blooms, flower stalks and the like, but at minimum bi-weekly according to the frequencies specified in the MAINTENANCE MINIMUM FREQUENCY table in Section 20.00. Plants shall be renovated following peak bloom, and as needed, to City Attorney Approved Version 6/12/18 61 June 21, 2022 Item #9 Page 69 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A produce optimum color production and plant health. Renovation methods and timing shall be as approved by CITY. 8.00 MULCHING -TRAILHEADS/PLANTERS 8.01 A minimum three (3) inch layer of approved mulch shall be maintained by CONTRACTOR in all tree, shrub, groundcover, and vacant pad areas. Mulch shall be placed in such a manner as to present a neat appearance, cover all bare soil, and shall not cover plant material or the bases of trees or shrubs. 8.02 All areas to receive mulch shall be free of weeds prior to mulching. 8.03 Mulch shall be maintained free of litter and foreign matter. 8.04 CONTRACTOR shall replenish mulch as required to maintain specified conditions. 8.05 CONTRACTOR shall pay the actual cost of mulch material(s) and delivery to CITY designated stockpile site(s). CONTRACTOR shall supply, at its expense, all equipment and labor required to move mulch from the stock-pile site(s) and to place mulch in required areas. CONTRACTOR shall only take that amount of mulch need to perform the Services herein. CONTRACTOR shall not independently store or stockpile mulch which is intended for the Services herein. 8.06 CONTRACTOR shall submit specifications for mulch type(s) indicating material included in mixture, admixtures, or additives for approval by CITY. CONTRACTOR shall indicate in this submittal the actual delivered cost of mulch type(s) to the designated stockpile site. 8.07 Mulching operation shall be accomplished in a timely manner, so that all material is removed and stock-pile site is left clean and level, all to the satisfaction of CITY. CONTRACTOR shall implement appropriate and effective BMP'S to insure storm water pollution prevention compliance for all aspects of mulching operations at the designated site(s) and required areas of placement. 9.00 DISEASE AND PEST CONTROL -TRAILHEADS/PLANTERS 9.01 All landscaped areas shall be maintained free of disease and insects that could cause or promote damage to plant materials including but not limited to trees, shrubs, and groundcover. 9.02 CITY shall be notified immediately of any disease, insects or unusual conditions that might develop. 9.03 A disease control program to prevent all common diseases from causing serious damage shall be provided on an as needed basis. Disease control shall be achieved utilizing materials and rates recommended by a licensed California Pest Control Advisor. 9.04 CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests. CONTRACTOR shall arrange for and assume the expense of such operations, if not under its immediate capabilities, within a 12-hour period after observation by CONTRACTOR, or notification from CITY. 9.05 Gophers and other rodents shall be eliminated by only appropriate, legal exterminating techniques (traps, poison, etc.), approved by CITY. 9.06 CONTRACTOR shall collect dead animals and communicate with applicable county/state agencies on disposal. 9.07 Frequency of disease and pest control operations shall be as needed to satisfy above provisions. City Attorney Approved Version 6/12/18 62 June 21, 2022 Item #9 Page 70 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 10.00 PLANT MATERIALS -TRAILHEADS/PLANTERS 10.01 Plant materials shall conform to the requirements of the site specific landscape plan on file with CITY, and to "Horticultural Standards" of American Association of Nurserymen as to variety, species, size, age, etc. 10.02 Plans of record and specifications should be consulted to ensure correct identification of species. Substitutions may be allowed but only with the prior written approval of CITY. 10.03 Quality A.Plants shall be sound, healthy and vigorous, free from plant disease, insect pest or their eggs, and shall have healthy normal root systems and comply with all state and local regulations governing these matters, and shall be free from any noxious weeds. B.Plant materials shall be symmetrical, and/or typical for variety and species. C.Trees shall not have been topped. D.Roots shall not have been allowed to circle or become bound at any stage of growth. E.All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by CITY. 10.04 Plant Materials Guarantee CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain in healthy condition, regardless of the reason for said failure, as follows: A.All trees shall be guaranteed for one year from the date of acceptance of the job by CITY. B.All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by CITY. 10.05 Newly planted areas shall receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period. 11.00 LITTER, LEAF, AND DEBRIS CONTROL -TRAILHEADS/PLANTERS 11.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated debris as needed, but at minimum once daily, from all areas to be maintained. 11.02 Complete policing, litter pick up and supplemental hand sweeping of edges, corners and other areas inaccessible to power equipment shall be accomplished as needed, but at minimum once daily, to ensure a neat appearance. 11.03 Accumulation of leaves and debris shall be removed as needed, from all landscaped areas except as specifically directed by CITY. 11.04 Raking should not be used in ground cover or mulched areas except to remove heavy accumulation of leaves and debris. When raking is necessary, it should be done lightly, taking care not to damage plants or displace mulch. 11.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after storms shall be CONTRACTOR'S responsibility. City Attorney Approved Version 6/12/18 63 June 21, 2022 Item #9 Page 71 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 11.06 Removal of stickers and graffiti shall be conducted within two (2) hours of observation, but at minimum once daily. 11.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter removal. 11.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc. (excluding political/campaign signs during election seasons) as needed, but at minimum, once daily. 12.00 TRASH RECEPTACLES -TRAILHEADS/PLANTERS/URBAN FORESTS 12.01 All exterior trash receptacles shall be checked at least daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00 and emptied whenever more than 1/2 full, and as needed to prevent objectionable odors or other unsanitary conditions. 12.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be replaced as needed each time a receptacle liner is emptied. 12.03 Any liquid accumulation or other foreign matter, which may remain in a receptacle when the liner is removed, shall be removed and washed out as needed. Inside of receptacles shall be dry when new liner is installed. 12.04 Receptacles and related appurtenances shall be cleaned as needed to avoid stains, concentrations of insects, odors, etc. 12.05 Receptacles shall be conveniently located for the public use, and shall be returned daily to proper locations if displaced. 12.06 Receptacles shall be secured with chain to posts where posts have been provided and shall be kept covered with lids that are provided 12.07 CONTRACTOR shall replace trash receptacles, provided by CITY, in place of any which are rusty, dented, graffitied, or which are otherwise unsuitable. Unsuitable receptacles shall be transported and disposed properly by CONTRACTOR. 13.00 TRASH AND GREEN WASTE DISPOSAL-TRAILHEADS/PLANTERS/URBAN FORESTS 13.01 All trash, green waste and accumulated debris shall be removed from the site, immediately upon collection and disposed of by CONTRACTOR at a legal waste collection site, or landscape materials recycling center, as applicable. The cost to dispose of said trash, green waste and accumulated debris will be at CONTRACTOR'S own expense. 14.00 SWEEPING/WASHING HARD SURFACES -TRAILHEADS/PLANTERS/URBAN FORESTS 14.01 Walkways, steps, picnic hard surface areas, curbs, gutters, access ways (including the Hosp Grove Tiers) and parking lots shall be cleaned, including but not limited to, the removal of all foreign objects from surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass, staples, etc., as needed, but at minimum daily as according to specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. If any graffiti cannot be completely removed by cleaning/washing tasks CONTRACTOR shall immediately paint those affected areas with a material approved by CITY. 14.02 Supplemental hand sweeping of parking lot edges, corners and other parking lot areas shall be required in those areas inaccessible to power equipment or where use of power equipment would have an adverse community effect. 14.03 Blowers used in performance of this CONTRACT shall be low-noise type equipment rated at or below 65 decibel level. City Attorney Approved Version 6/12/18 64 June 21, 2022 Item #9 Page 72 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 14.04 Sweep hard surface areas, parking lot comers, walkways, steps, picnic hard surface areas, and hard court areas according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. 15.00 DRINKING FOUNTAIN MAINTENANCE -TRAILHEADS/PLANTERS 15.01 Clean and disinfect drinking fountains, drain and sand trap as needed, but at minimum daily according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. 15.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be unclogged using a plunger or snake shall immediately be reported to CITY. 15.03 Water supply to a leaking fixture shall be shut off when it is required. 16.00 FACILITIES AND EQUIPMENT MAINTENANCE -TRAILHEADS/PLANTERS 16.01 Damaged decorative or delineation bollards, rails and fencing -including, but not limited to concrete, chain link, welded wire, steel post-wire, wood or vinyl coated steel post-rail, and tube steel -shall be repaired/replaced as needed by CONTRACTOR. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per year, with CITY'S approval. 16.02 CONTRACTOR shall inspect all picnic tables, benches, slabs, trash/recycling receptacles, and the like as needed, but at minimum daily, according to in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. Deficiencies which are CONTRACTOR'S responsibility shall be corrected immediately. Any other deficiency shall be reported to CITY immediately. 16.03 Ashes, garbage and leftover food in and around picnic facilities shall be removed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. 16.04 Picnic tables, benches, slabs, trash/recycling receptacles, and the like shall be washed as needed, but at minimum daily, according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 20.00. 16.05 All dog waste bag stations shall be kept stocked, clean, and in good condition at all times. CONTRACTOR shall re-stock the dog waste bags at all such stations as needed, but at minimum once daily. The maker and type of dog waste bags shall be at the approval of, and at no additional cost to CITY. 16.06 All storm water pollution prevention devices and Best Management Practices (e.g., straw wattles, silt fences, gravel bags, etc.) shall be maintained by CONTRACTOR in good order at all times. These devices and BMPs shall be cleaned or replaced by Oct. 1 each year, and as often as needed to thereafter to fulfill their intended purpose. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per year, with CITY'S approval. 17.00 BLOCKHOUSE AND PORTABLE RESTROOM MAINTENANCE-TRAILHEADS 17.01 CONTRACTOR shall unlock all parks blockhouse restrooms between 7 a.m. to 8 a.m. daily. CITY will be responsible to lock all parks blockhouse restrooms in the evenings. 17.02 Block house and portable restrooms shall be re-stocked, cleaned, and unclogged by and at the expense of CONTRACTOR, as needed to ensure safe and santitary use by the public, but at minimum twice daily. 17.03 CONTRACTOR shall inspect block houses and report damage, vandalism, clogged drains, and graffiti immediately to CITY. City Attorney Approved Version 6/12/18 65 June 21, 2022 Item #9 Page 73 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 17.04 CONTRACTOR shall report to CITY immediately any unsafe or unsightly conditions observed. 18.00 GROUNDS MAINTENANCE -UNDEVELOPED PARK SITES AND URBAN FORESTS 18.01 CONTRACTOR shall maintain the undeveloped park sites and urban forests to reduce the ongoing fire threat, in accordance with the open space management and storm water protection program. 18.02 CONTRACTOR shall remove all nuisances in the form of dry weeds and may include the removal or modification of ground fuels such as grass, weeds, brush, trees having a diameter at breast height of six (6) inches or less, fallen branches, tree foliage within six feet of the ground. 18.03 CONTRACTOR shall remove fire hazards or fire nuisances by the following mowing, hand labor and equipment services -or other maintenance services approved by CITY -as needed, but at minimum semi­annually (once between October 1 and November 30, and once between March 1 and April 30 -Dates subject to change dependent on conditions). A.Mowing 1.Mowing is the typical method of abatement. Vegetation shall be cut to a height of not more than four (4)inches from the soil surface and laterally, no farther than eighteen (12) inches from property lines and/or structures. Perimeter weeds left standing shall be cut by handwork, mulched or removed from the property. B.Hand Labor 1.Whenever it is impractical by reason of topography, nature of soil, location of trees, shrubbery, buildings, fences, or type of vegetation cover to use a tractor mower, CITY may require removal or thinning of material by means of hand tools. 2.The material cut by hand labor shall be disposed of by mulching, chipping or removal to the nearest recycling center. C.Equipment 1.The primary tractor used for mowing shall be a four wheel drive or a track-layer type. It must be large enough to power the following attachment(s), a double bladed 6' Woods Rotary Cutter type and/or a Brush Hog type mower, an equivalent attachment type may be used if the results are the same. All tractor mowers shall be rubber tired and equipped with safety shields to prevent or reduce the throwing of rocks or other material that could result in injury or damage to persons or property. All tractors shall be equipped with an approved exhaust spark-arrestor, an approved Class "A" fire extinguisher and a shovel. 2.All tractors and equipment shall be operated by qualified cooperative and experienced operators and shall be maintained by CONTRACTOR at its own expense and on its own time. 3.The truck (transport) for hauling the tractor shall meet all vehicle code requirements and shall be capable of safety negotiating all roads to and from job sites. 4.When necessary, in the opinion of CITY, CONTRACTOR shall provide flagmen for safe loading and unloading of equipment, at no expense to CITY. 5.CONTRACTOR shall have available equipment to reduce on-site materials, less than four (4) inches, to mulch or chips. City Attorney Approved Version 6/12/18 66 June 21, 2022 Item #9 Page 74 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 6.All operators shall be experienced and fully qualified in operating equipment assigned to them in uneven terrain and in adverse conditions. 18.04 CONTRACTOR also performs trash/dumping removal as needed, but at minimum, quarterly. Trash depositing and illegal dumping occur periodically within the undeveloped park sites and urban forests. CONTRACTOR shall, at its expense, abate the conditions by removing and disposing of the trash and dumped material at a legal waste collection site, or landscape materials recycling center, as applicable. 18.05 CONTRACTOR shall, at its expense, install and maintain storm water pollution prevention Best Management Practices as needed, but at minimum semi-annually. Storm water pollution prevention devices may include any or all of the following items, specific to the site and at the discretion of CITY: hydro-seeding, pressurized fiber matting, straw wattles, sand/gravel bags, silt fencing, earthen berms, and bio swales. 19.00 TREE AND SHRUB MAINTENANCE -URBAN FORESTS 19.01 It shall be understood that CONTRACTOR will be required to perform and complete the urban forests maintenance services in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that meets CITY'S requirements. CONTRACTOR will be required to perform the following urban forests maintenance services as neded: •Tree pruning work within fifteen (15) feet of the ground •Tree removal (dead/overcrowded) with a diameter at breast height of six (6) inches or less •Emergency response •Line clearance pruning •Clearance pruning •Tree watering •Small tree care •Root pruning •Data entry 19.02 All pruning and tree tying shall conform to I.S.A Standards and the specific directions of CITY. CONTRACTOR shall not allow any tree to be topped. 19.03 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways and at eight (8) feet above sidewalks. Lower branching may be allowed for trees in background and ornamental areas. Prune plant materials where necessary to maintain access and safe vehicular visibility and clearance and to prevent or eliminate hazardous conditions. 19.04 Tree pruning shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal clearance. 19.05 Where needed, tree stakes [two (2) per tree] shall be pentachlorophenol treated lodge pole pine. Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shall not rub against any part of the tree during windy conditions; shall be tied using materials and methods as approved by CITY. 19.06 Tree ties shall be checked bi-weekly and either retied to prevent girdling or removed along with the stakes when no longer required. City Attorney Approved Version 6/12/18 67 June 21, 2022 Item #9 Page 75 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A 19.07 Periodic staking and tying shall be performed as needed. 18.08 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe damage shall be addressed upon detection by CONTRACTOR. 19.09 Remove all dead and overcrowded shrubs and trees. CITY shall be notified 48 hours in advance of the removal of any tree. Trees to be removed shall have a diameter at breast height of six (6) inches or less. Trees measuring over this diameter at breast height may be removed as "Extra Work" at the discretion of CITY. 19.10 All trimmings and debris shall be removed and properly disposed of immediately. 19.11 CONTRACTOR shall replace trees whose trunks are significantly damaged by CONTRACTOR'S personnel with trees of equal size and species at CONTRACTOR'S expense. 20.00 GROUNDS MAINTENANCE -TRAILS IN URBAN FORESTS & UNDEVELOPED PARKS AT TRAILHEADS & ALONG CRT PLANTERS 20.01 Trails shall be inspected for proper maintenance and rehabilitation as needed to ensure safe access to existing trails, but at minimum bi-weekly. 20.02 Eroded damaged trail areas shall be re-graded to base grade -and ruts and rivulets filled-in, as often as needed to re-establish trail surface to an even/smooth finish. The cost of all related materials -including, but not limited to: decomposed granite, Class II road base, asphalt, concrete, and sand/gravel bags -shall be the CONTRACTOR'S responsibility up to $6,000 year. CITY shall provide or reimburse CONTRACTOR for materials that exceed $6,000 per year, with CITY'S approval. 20.03 Weeds, grasses, invasive plants, and other vegetation, shall be cut and removed from trail edge to trail edge, and from trail surface to a minimum height of eight (8) feet, as needed, but at minimum bi-weekly. Widths between trail edges can vary from three (3) feet to ten (10) feet. City Attorney Approved Version 6/12/18 68 June 21, 2022 Item #9 Page 76 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Attachment A 21.00 MAINTENANCE MINIMUM FREQUENCIES As a non-inclusive table of tasks required under this CONTRACT, the following maintenance minimum frequencies shall apply to the referenced tasks: Irrigation Maintenance Testinq 2 Planters & Ground Cover Maintenance dail>y 1 Removing Spent Blossoms 3 weekly 2 Trimmina 3 bi-week Iv 3 Cultivate 3 monthlv 4 Weed Control 2 bi-month Iv 5 Fertilize 6 auarterlv 6 Pest Control 8 semi-annuallv 7 Shrub Maintenance as needed 8 Weed Control 2 Trimminq 4 Fertilize 6 Pest Control 8 Tree Maintenance Trim 7 Fertilize 6 Re-Stake/Check 8 Pest Control 8 Hardscape Maintenance Gutters, Curbs, Sidewalks, Roadwavs, 1 Miscellaneous Asohalt, Concrete and D.G. 1 Trash and Litter Pickup (including ash food etc.) 1 Drinking Fountain Maintenance 1 Facilities & Equipment Maintenance Damaged Bollards, Rails, & Fencing Repair/Replace. 8 Washina Picnic Tables and Benches 1 Dog Waste Bag Station Stocking and Cleaning 1 Undeveloped Park Site Maintenance Trash and Dumoina Removal 6 Mowina and Hand Weed Abatement 7 Urban Forest Prunina/Thinnina 7 Trails Inspecting 3 Trails Re..gradina 8 Trails Weeds/Grasses/lnvasivesNea. Removal 4 69 City Attorney Approved Version 6/12/18 June 21, 2022 Item #9 Page 77 of 82 'l ' " ' .. DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A CATEGORY E -STREETSCAPES, MEDIANS, AND PARKWAYS MAINTENANCE SERVICES STREETSCAPES PREVAILING WAGE Item# Description Mo. Subtotal $ Annual Total $ E1 Downtown Public Rights of Way $6,794.76 $81,537.10 (Monthly) (Extended Amt.) E2 Downtown Public Parking Lots $2,943.04 $35,316.54 (Monthly) (Extended Amt.) E3 Carlsbad Blvd. Rights of Way (including upper $3,103.22 $37,238.68 sea wall) (Monthly) (Extended Amt.) E4 Downtown Beach Accesses $306.05 $3,672.58 (Monthly) (Extended Amt.) E5 El Camino Real Public ROW $274.27 $3291.27 (Monthly) (Extended Amt.) E6 Elmwood Street Rights of Way $104.99 $1,259.87 (Monthly) (Extended Amt.) E7 Palomar Airport Road Triangle $234.80 $2,817.65 (Monthly) (Extended Amt.) E8 Palomar Point Way ROW $243.43 $2,921.12 (Monthly) (Extended Amt.) E9 Melrose Drive Triangle $1,488.43 $17,861.19 (Monthly) (Extended Amt.) MEDIANS E10 Alga Road $2,374.97 $28,499.62 (Monthly) (Extended Amt.) E11 Aviara Parkway $944.56 $11,334.69 (Monthly) (Extended Amt.) E12 Cannon Road $2,151.59 $25,819.09 (Monthly) (Extended Amt.) E13 Carlsbad Boulevard $2,382.20 $28,586.45 (Monthly) (Extended Amt.) City Attorney Approved Version 6/12/18 70 June 21, 2022 Item #9 Page 78 of 82 ' DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A E14 Carlsbad Village Drive $434.74 $5,216.87 (Monthly) (Extended Amt.) E15 College Boulevard $3,176.21 $38,114.47 (Monthly) (Extended Amt.) E16 El Camino Real $7,417.02 $89,004.18 (Monthly) (Extended Amt.) E17 Faraday Avenue $583.24 $6,998.85 (Monthly) (Extended Amt.) E18 La Costa Avenue $1,204.38 $14,452.54 (Monthly) (Extended Amt.) E19 Melrose Drive $1,381.69 $16,580.24 (Monthly) (Extended Amt.) E20 Palomar Airport Road $5,859.79 $70,317.44 (Monthly) (Extended Amt.) E21 Paseo Del Norte $420.85 $5,050.23 (Monthly) (Extended Amt.) E22 Poinsettia Lane $2,908.39 $34,900.71 (Monthly) (Extended Amt.) E23 Rancho Santa Fe Road / Olivenhein Road $2,476.73 $29,720.80 (Monthly) (Extended Amt.) E24 Non-Arterial Roads (Inclusive) $1,005.74 $12,068.83 (Monthly) (Extended Amt.) PARKWAYS E25 Alga Road (undeveloped areas only) $587.95 $7,055.40 (Monthly) (Extended Amt.) E26 Cannon Road (undeveloped areas only) $1,118.81 $13,425.74 (Monthly) (Extended Amt.) E27 Carlsbad Boulevard $639.93 $7,679.13 (Monthly) (Extended Amt.) E28 Carlsbad Village Drive $1,044.69 $12,536.26 (Monthly) (Extended Amt.) E29 College Boulevard $448.95 $5,387.34 (Monthly) (Extended Amt.) City Attorney Approved Version 6/12/18 71 June 21, 2022 Item #9 Page 79 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929B97919C6 Att achment A E30 El Camino Real $2,202.71 $26,432.47 (Monthly) (Extended Amt.) E31 Faraday Avenue $497.47 $5,969.65 (Monthly) (Extended Amt.) E32 La Costa Avenue $1,453.51 $17,442.15 (Monthly) (Extended Amt.) E33 Melrose Drive $660.64 $7,927.67 (Monthly) (Extended Amt.) E34 Palomar Airport Road $394.31 $4,731.75 (Monthly) (Extended Amt.) E35 Paseo del Norte $366.96 $4,403.55 (Monthly) (Extended Amt.) E36 Poinsettia Lane $440.70 $5,336.36 (Monthly) (Extended Amt.) E37 Rancho Santa Fe Road $435.54 $5,226.43 (Monthly) (Extended Amt.) E38 Non-Arterial Roads (Inclusive) $3,131.76 $37,581.07 (Monthly) (Extended Amt.) E39 **Extra Work Stipulated $125,000.00 Amt. (Annual Amt.) Column $888,715.98 Total: City Attorney Approved Version 6/12/18 72 June 21, 2022 Item #9 Page 80 of 82 DocuSign Envelope ID: 6DE767FB-30ED-42AC-A6CA-E929897919C6 Attachment A CATEGORY F - UNDEVELOPED PARKS, URBAN FORESTS, AND TRAILS UNDEVELOPED PARKS PREVAILING WAGE Item# Description Mo Subtotal $ Annual Total$ F1 Cannon Lake Park $669.00 $8,028.00 (Monthly) (Extended Amt.) F2 Robertson Ranch Park $752.00 $9,024.00 (Monthly) (Extended Amt.) F3 Veterans Memorial Park $1,504.00 $18,048.00 (Monthly) (Extended Amt.) F4 Zone 5 Park $836.00 $10,032.00 (Monthly) (Extended Amt.) URBANFOREST AREAS FS Batiquitos Drive Slopes $609.00 $7,308.00 (Monthly) (Extended Amt.) F6 Hosp Grove Forest $2,673.00 $32,076.00 (Monthly) (Extended Amt.) F7 Woodbine Banks $732.00 $8,676.00 (Monthly) (Extended Amt.) TRAILHEADS/PLANTERS AND TRAILS F8 Coastal Rail Trailheads/Planters $4,962.00 $59,544.00 (Monthly) (Extended Amt.) $1,383.00 $16,596.00 F9 Hosp Grove Trailheads (Monthly) (Extended Amt.) $1,548.00 $18,576.00 F10 Lake Calavera Trailheads (Monthly) (Extended Amt.) $698.00 $8,376.00 F11 Village H South Trailhead (Monthly) (Extended Amt.) City Attorney Approved Version 6/12/18 73 June 21, 2022 Item #9 Page 81 of 82 DocuSign Envelope ID: 6DE767FB-30EO-42AC-A6CA-E929B97919C6 Attachment A $357.00 $4,284.00 F12 Hidden Canyon / Dog Park (Monthly) (Extended Amt.) $572.00 $6,864.00 F13 Agua Hedionda Trail Heads (Monthly) (Extended Amt.) $489.00 $5,868.00 F14 The Crossings Trail Head (Monthly) (Extended Amt.) F15 ** Extra Work Stipulated $50,000.00 Amt. (Annual Amt.) Column Total: $263,300.00 City Attorney Approved Version 6/12/18 74 June 21, 2022 Item #9 Page 82 of 82 .,