HomeMy WebLinkAbout2019-03-26; City Council; Resolution 2019-040RESOLUTION NO. 2019-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING AN AGREEMENT FOR PARKS MAINTENANCE
SERVICES, WORK CATEGORY C -COMMUNITY PARKS AND SCHOOL
ATHLETIC FIELDS, TO TERRACARE ASSOCIATES, LLC, IN AN AMOUNT NOTTO
EXCEED $1,368,000 PER YEAR, DURING THE INITIAL TWO-YEAR TERM OF
THE AGREEMENT
EXHIBIT I
WHEREAS, the City Council of the City of Carlsbad, California has determined that accomplishing
parks maintenance services through best value determined vendors allows the Parks & Recreation
Department to receive high quality trees and grounds maintenance, without the need for the city to
increase internal staffing or purchase and maintain additional specialty equipment; and
WHEREAS, the department presently accomplishes approximately seventy-five percent of its
parks maintenance services through contract vendors; and
WHEREAS, on July 14, 2015, based on the results of Request For Bids (RFB) No. 15-05, Parks
Maintenance Services, City Council awarded an agreement to Terracare Associates (Terrcare) for Work
Category C -Community Parks and School Athletic Fields; and
WHEREAS, the current agreement has an initial two-year term, with two additional two-year
extensions available; and
WHEREAS, the city and Terracare agreed to the first two-year extension in 2017, with an
allowable Consumer Price Index (CPI) increase of 3.66% in cost, for an amount not to exceed $1,088,896
per year; and
WHEREAS, although Terracare desired to continue its professional relationship with the city, it
was unable to do so with only an allowable CPI increase in cost; and
WHEREAS, the compensation provisions of the current agreement, specific to extensions,
limited the potential increase in cost of services to an amount no greater than the San Diego CPI over
the previous two-year period; and
WHEREAS, in December 2018, Terracare indicated it could not commit to a second two-year
extension of the current agreement with only an allowable CPI increase in cost; and
WHEREAS, in order address operational needs, staff drafted RFB No. 19-01 such that the parks
maintenance services, as covered by the current agreement, would commence under a new agreement
on May 1, 2019; and
March 26, 2019 Item #4 Page 4 of 70
WHEREAS, on Dec. 11, 2018, RFB No. 19-01 on Parks Maintenance Services, Work Category C -
Community Parks and School Athletic Fields, was advertised; and
WHEREAS, on Jan. 24, 2019, six bids were received in response to RFB No. 19-01; and
WHEREAS, staff performed a best value evaluation of the bids, based on five pre-established
weighted criteria and determined Terracare to be the best value vendor for the new agreement; and
WHEREAS, the proposed new agreement with Terracare for Parks Maintenance Services, Work
Category C, reflects an increase of $279,104 in the annual not to exceed amount, over the current
agreement with Terracare; and
WHEREAS, this increase is partially attributable to [a] the inclusion of services for the pending
improvements to Aviara Community Park and Poinsettia Community Park; and [b] the addition of
$25,000 in 'Extra Work' allocations; and
WHEREAS, staff will include an additional $279,104 in the FY 2019-20 Parks Maintenance
Budget request and
WHEREAS, staff will direct the termination of services under the current agreement on Apr. 30,
2019, and the commencement of services under the new agreement on May 1, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the Mayor of the City of Carlsbad is authorized and directed to execute the
agreement with Terracare Associates, LLC, for Parks Maintenance Services, Work
Category C -Community Parks and School Athletic Fields, in an amount not to exceed
$1,368,000 per year, during the initial two-year term of the agreement, which is
attached hereto as Attachment "A."
3. That the City Manager is 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
$1,368,000 per year, which may be adjusted in accordance with Section 5 of the
agreement.
March 26, 2019 Item #4 Page 5 of 70
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of March 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
(SEAL)
March 26, 2019 Item #4 Page 6 of 70
AGREEMENT FOR PARKS MAINTENANCE SERVICES
WORK CATEGORY C -COMMUNITY PARKS AND SCHOOL ATHLETIC FIELDS
TERRACARE ASSOCIATES, LLC
THIS AGREEMENT is made and entered into as of the c::2 1 ~ day of
~/1..MLI , 20Ll_, by and between the CITY OF CARLSBAD, a municipal
corporatio, ("City"), and Terracare Associates, a limited liability company, ("Contractor").
RECITALS
A. City requires the professional services of a private contractor to perform Parks
Maintenance Services within the City's Passive Parks & Facilities Landscapes that is experienced
in parks and grounds maintenance; and
B. Contractor has the necessary qualifications and experience in providing
professional services and advice related to this Agreement; and
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
D. City has authorized the preparation of an Agreement to retain the services of
Contractor as herein set forth; and
E. This Agreement shall not be binding, nor shall it be relied upon by Contractor until
it is fully and dully executed by City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF SERVICES
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two years from the date first above
written. The City Manager may amend the Agreement to extend it for two additional two year
periods or parts thereof, in accordance with the applicable provisions of the latest edition of the
City of Carlsbad Purchasing Policies and Procedures Manual. Extensions will be based upon a
satisfactory review of Contractor's performance, City needs, and appropriation of funds by the
City Council. The parties will prepare a written amendment indicating the effective date and length
of the extended Agreement. Either the City or the Contractor may decline the renewal of the
contract for any reason whatsoever, which shall render the renewal option null and void.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
City Attorney Approved Version 6/12/18
March 26, 2019 Item #4 Page 7 of 70
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
two million, seven hundred thirty-six thousand dollars ($2,736,000). 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 via the City Manager, the amount shall not
exceed one million, three hundred sixty-eight thousand dollars ($1 ,368,000) per Agreement year,
as may be adjusted based on the San Diego Consumer Price Index, per Section 5 of the
Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or Services specified in Exhibit "A".
The payment made to Contractor pursuant to this Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
There will be no additional charges such as travel or trip costs allowed. Payment for service starts
when the workers arrive at the City of Carlsbad owned or maintained properties, and ends at the
completion of the required service work. Portal to portal payment is not included in Agreement.
If an increase in compensation for service in succeeding option terms is requested, the Contractor
must provide detailed supporting documentation to justify the requested rate increase. The
requested increase will be evaluated by the City, and the City reserves the right to negotiate,
accept, reject, or move to terminate the Agreement based on the Contractor's requested
compensation increase. This Agreement's annual compensation terms may, but is not required
to, be adjusted by a mutually agreeable amount based on and no greater than the San Diego
Consumer Price Index changes over the previous two year period. Requests for price changes
must be made by the Contractor in writing sixty (60) days before the end of the then-current
agreement period and is subject to negotiation or rejection by the City.
6. PREVAILING WAGE RATES
Any construction, alteration, demolition, repair, and maintenance work, including work performed
during design and preconstruction such as inspection and land surveying work, cumulatively
exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws.
The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City
Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all
such workers employed by him or her in the execution of the Agreement. Contractor and any
subcontractors shall comply with Section 1776 of the California Labor Code, which generally
requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section
1776.
City Attorney Approved Version 6/12/18
2
March 26, 2019 Item #4 Page 8 of 70
7. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
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.
City Attorney Approved Version 6/12/18
3
March 26, 2019 Item #4 Page 9 of 70
Unless specifically noted otherwise, it is the responsibility of the Contractor to select, install and
maintain appropriate BMPs while performing the Services in accordance with the terms and
conditions of this Agreement. It is the Contractor's responsibility to ensure that the BMPs are
operational and working properly. Furthermore, the Contractor shall be held responsible for any
citation and/or fine due to discharges or malfunctioning of the BMPs. BMPs shall be installed in
accordance with all industry recommended and recognized standards. If Contractor proposes to
use a BMP that is not in accordance with recommended and recognized industry standard ,
Contractor shall obtain written approvals from the City prior to installation or use of non-industry
standard.
It shall be Contractor's responsibility to know and use the appropriate BMPs at any given location
where Services are performed pursuant to the terms of this Agreement.
12. REFUSE DISPOSAL AND DUST ABATEMENT
As a condition of payment, the Contractor shall submit a signed and notarized affidavit stating
that all refuse (e.g., trimmings, brush, trash, debris, waste materials, etc.) resulting from the
Services performed have been disposed of in a legal manner, in accordance with local codes and
ordinances governing locations and methods of disposal, and in conformance with all applicable
safety laws and this Agreement. Disposal of refuse generated as a result of this Agreement at
landfills may be subject to a fee. Contractor shall not be entitled to extra compensation for the
cost of disposing of this refuse as such cost was included in Contractor's bid.
Contractor shall furnish all labor, equipment, and means required and shall carry out effective
measures whenever and as often as necessary to prevent its operation from producing dust in
amounts damaging to property, cultivated vegetation, domestic animals, or causing a nuisance to
persons living or occupying buildings in the vicinity of where the Services are being performed.
Contractor shall be responsible for any damage resulting from any dust originating from its
operations. The dust abatement measures shall be continued until the Contractor has concluded
performing its Services. Contractor shall not be entitled to extra compensation for the cost of dust
abatement measures as such cost was included in Contractor's bid.
13. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
The parties expressly agree that any payment, attorneys' fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
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
City Attorney Approved Version 6/12/18
4
March 26, 2019 Item #4 Page 10 of 70
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.
13.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
13.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
13.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
14. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
City Attorney Approved Version 6/12/18
5
March 26, 2019 Item #4 Page 11 of 70
15. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
16. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
17. PERSONNEL
With respect to all persons employed or contracted by Contractor to perform Services under this
Agreement, Contractor shall ensure that pre-employment or pre-contracting reference and
background checks have been conducted on all personnel directly performing Services under
this Agreement (which shall include but not be limited to, all such persons who shall come on to
the premises at any City facility, or in any City park, or in any public rights-of-way, in the
performance of their duties or tasks). Contractor shall be responsible for ensuring that federal,
state and county of residence criminal background checks -via Livescan or equivalent means,
as approved by the City -are conducted on all personnel so employed or contracted, prior to
their commencement of Services under this Agreement, and shall exclude from any direct
participation in the performance of the Services any dishonest, dangerous, felon , or otherwise
unqualified persons. In addition, Contractor shall be responsible for ensuring that the
aforementioned criminal background checks are annually renewed , prior to the anniversary date
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 th is Agreement.
City shall have the unrestricted right to order the removal for cause of any person(s) assigned
by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times while performing any of the Services required under this
Agreement to comply with the City's drug and alcohol policies then in effect.
18. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
19. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
City Attorney Approved Version 6/12/18
6
March 26, 2019 Item #4 Page 12 of 70
For City
Name Kyle Lancaster
Title Parks Services Manager
Department Parks & Recreation
City of Carlsbad
Address 799 Pine Avenue, Ste. 200
Carlsbad, CA 92008
Phone No. 760-434-2941
For Contractor
Name Matt Rogers
Title Municipal Region Manager
Address 1194 Ames Avenue
Milpitas, CA 95035
Phone No. 408-957-7700
Matt. Rogers@monarchlandscape
Email .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.
Yes~ NoO
21. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
22. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
23. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
City Attorney Approved Version 6/12/18
7
March 26, 2019 Item #4 Page 13 of 70
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
24. TERMINATION
The City may terminate the Agreement at its own discretion with or without cause or when
conditions encountered during performance make it impossible or impracticable for the City to
proceed, or when the City is prevented from proceeding with the Agreement by act of God, by
law, or by official action of a public authority, including the City of Carlsbad.
24.1 Termination for Convenience of the City
24.1.1 Termination of Contractor's Performance of Services. The City may terminate,
subject to the express terms and conditions set forth below, the Contractor's performance of the
Services under this Agreement, in whole or, from time to time, in part, if the City Council does not
appropriate sufficient monies to fund the Agreement. The City Manager or designee shall
terminate, on behalf of the City, by delivering to the Contractor a Notice of Termination, in writing,
specifying the extent of termination and the effective date.
24.1 .2 Notice of Termination. After receipt of the Notice of Termination, and except as
otherwise directed by the City Manager or designee, the Contractor shall immediately proceed as
follows:
A. Stop work immediately or as specified in the Notice;
B. Immediately place no further orders or contracts for materials, or services, except as
necessary to complete any authorized continued portion of the Agreement;
C. Immediately terminate all contracts and/or subcontractors, if any, to the extent that they
relate to the Services terminated; ·
D. With approval by the City Manager or designee, settle all outstanding obligations arising
from the termination of contracts and/or subcontractors; the approval of which will be final
for purposes of this clause;
E. If applicable and as directed by the City Manager or designee, transfer the title and deliver
to the City, completed or partially completed drawings, plans, calculations, specifications
and any other documents and records that, if the contract had been completed, would be
required to be furnished to the City;
F. Complete performance of the Services not terminated; and
G. If applicable, take any action that may be necessary, or that the City Manager or designee
may direct, for the protection and preservation of any property related to this Agreement
that is in the possession of the Contractor and in which the City has or may acquire an
interest.
24.1.3 Removal of City Property. If applicable, the Contractor may request the City to
remove or relocate any City property or enter into an agreement for its storage. Within sixty (60)
days, the City will accept title of property, remove or relocate it, or enter into a storage agreement.
24.1.4 Termination Settlement. After termination, the Contractor shall submit a final
termination settlement proposal to the City in the form and with the certification prescribed by the
City. The Contractor shall submit the proposal promptly, but no later than sixty (60) days from
the effective date of termination, unless extended, in writing, by the City upon written request of
the Contractor within this sixty (60) day-period. However, if the City Manager determines that the
facts justify it, a termination settlement proposal may be received and acted on after sixty (60)
days or any extension . If the Contractor fails to submit the proposal within the time allowed, the
City Attorney Approved Version 6/12/18
8
March 26, 2019 Item #4 Page 14 of 70
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.
24.1.6 Failure to Agree on Payment. If the Contractor and City fail to agree on the
whole amount to be paid because of the termination of Services, the City shall pay the Contractor
the fair and reasonable amounts determined in good faith by the City as follows, but without
duplication of any amounts agreed on under Section 24.1.5, above:
A The contract price for completed Services accepted by the City not previously paid for, as
adjusted by any savings, returns, or other discounts to charges.
B. The total of:
1. The costs incurred in the performance of the Services terminated, including initial
costs and preparatory expense allocable thereto , but excluding costs attributable
to services paid or to be paid under Section 24.1.6, subparagraph A, above;
2. The fair and reasonable cost of settling and paying termination settlement
proposals under terminated contracts or subcontractors that are properly
chargeable to the terminated portion of the Agreement if not included in
Subdivision 1, above;
3. A sum, as provided on Subdivision 1, above, determined by the City Manager or
designee to be fair and reasonable under the circumstances; however, if it
appears that the Contractor would have sustained a loss on the entire
Ag reement, had it been completed, the City shall allow no profit under this
Subdivision 3 and shall reduce the settlement to reflect the indicated rate of loss.
C. The reasonable costs of settlement of the Services terminated, including:
1. Accounting, legal, clerical, and other expenses reasonably necessary for the
preparation of termination of settlement proposals and supporting data;
2. The termination and settlement of contracts and/or contractors ( excluding the
amounts of such settlements); and
3. Storage, transportation, and other costs incurred, reasonably necessary for the
preservation, protection, or disposition of property in which the City has or may
acquire an interest.
24.1 .7 Arbitration of Payment. If the Contractor does not agree that the amount
determined by the City Manager or designee under Section 24.1.6, above, is fair and reasonable,
City Attorney Approved Version 6/12/18
9
March 26, 2019 Item #4 Page 15 of 70
and if the Contractor gives notice of such disagreement to the City in accordance with Section
24.1.2 of this Agreement within thirty (30) days of receipt of payment, then the amount due shall
be as later determined by non-binding arbitration, if the City and Contractor specifically agree
thereto, or as determined in a court of law.
24.1.8 Payment For Property Destroyed, Lost, Stolen or Damaged. Except to the
extent that the City expressly assumed the risk of loss, the City shall exclude from the amounts
payable to the Contractor under Section 24.1.6, above, the fair market value, as determined by
the City Manager or designee, or property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to the City.
24.1.9 Determination of Amount Due Contractor. In arriving at the amount due the
Contractor under this clause, there shall be deducted:
A All unliquidated advance or other payments to the Contractor under the terminated portion
of this Agreement;
B. Any claim which the City has against the Contractor under this Agreement; and
C. The agreed price for, or the proceeds of sale of, materials, supplies, or other things
acquired by the Contractor or sold under the provisions of this clause and not recovered
by or credited to the City.
24.1.10 Partial Termination. If the termination is partial, the Contractor may file a
proposal with the City Manager for an equitable adjustment of the price(s) of the continued portion
of the Agreement. The City shall make any equitable adjustment agreed upon. Any proposal by
the Contractor for an equitable adjustment under this clause shall be requested within sixty (60)
days from the effective date of termination, unless extended, in writing, by the City Manager or
designee.
24.1 .11 Partial Termination Payments. The City may, under the terms and conditions
it prescribes, make partial payments and payments against costs incurred by the Contractor for
the terminated portion of the Agreement if the City believes the total of these payments will not
exceed the amount to which the Contractor will be entitled.
If the total payments exceed amounts finally determined to be due, the Contractor shall repay the
excess to the City upon demand, together with interest. Interest shall be at a rate of ten percent
(10%) per annum compounded daily and shall be computed for the period from the date the
excess payment is received by the Contractor to the date the excess is repaid. Interest shall not
be charged on any excess payment due to a reduction in the Contractor's termination settlement
proposal because of retention or disposition, or a later date determined by the City because of
the circumstances.
24.1.12 Records and Documents Relating to Termination. Unless otherwise provided
in the Agreement or by statute, the Contractor shall maintain all records and documents relating
to the terminated portion of this contract for three (3) years after final settlement. This includes
all books and other evidence bearing on the Contractor's costs and settlement. This includes all
books and other evidence bearing on the Contractor's costs and expenses under this Agreement.
The Contractor shall make these records and documents available to the City, at the Contractor's
office, at all reasonable times, without any direct charge. If approved by the City, photographs,
microphotographs, and other authentic reproductions may be maintained instead of original
records and documents.
City Attorney Approved Version 6/12/18
10
March 26, 2019 Item #4 Page 16 of 70
24.2 Termination for Default
A. The City may, by written notice of default to the Contractor, terminate the whole, or any
part of this Agreement based on Contractor's default of any term or condition of this
Agreement, provided that Contractor fails to cure such default within ten (10) days after
receipt of such notice. The following are considered defaults:
(1) Failure to perform the services within the time specified; or
(2) Failure to perform any of the obligations of this Agreement, or to make progress in
performance which may jeopardize full performance.
B. In the event the City terminates this Agreement based on default, in whole or in part, the
City may procure, upon such terms and in such manner as the City may deem appropriate,
like services from another vendor or source and Contractor shall be liable to the City for
any excess costs. The Contractor shall also continue performance to the extent not
terminated.
24.3 Termination for Cause
This Agreement may be terminated by City for cause in the event of a material breach of this
Agreement, misrepresentation by Contractor in connection with the formation of this Agreement,
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 fa ils 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
City Attorney Approved Version 6/12/18
11
March 26, 2019 Item #4 Page 17 of 70
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
C. Response to Request for Bids
27. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
28. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
29. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
City Attorney Approved Version 6/12/18
12
March 26, 2019 Item #4 Page 18 of 70
30. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
31. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified , waived or discharged except in a writing signed by both parties.
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
13
City Attorney Approved Version 6/12/18
March 26, 2019 Item #4 Page 19 of 70
32. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
By:
(print name/title)
(sign here)
S(,,O{T (lt\.i:£'1,,T s-(c.tt-e: ~
(pr(nt name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By--J,1 !!;/I
MA~
Mayor
ATTEST:
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
City Attorney Approved Version 6/12/18
14
March 26, 2019 Item #4 Page 20 of 70
Acknowledgement Form
State of Colorado ) ---------~
)ss.:
County of _Ar_ap_a_h_oe _____ ~)
On the _6t_h __ day of_M_a_rc_h ___ in the year2019 , before me, the undersigned notary
public, personally appeared Dean Murphy and Scott Gilbert , personally known to me or proved
to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
-4c---+-~---{}_-~-~ ____ Notary Public
.. __ , :IARIAC'_PULIDO -.
N()TARY POBUC • STATE bF COI.ORADO ··
· · Notal'.Y Identification ~20164022957 . ·
Mv Commission Expires 6115/2020 • ·
. . . ' .
March 26, 2019 Item #4 Page 21 of 70
EXHIBIT "A"
SCOPE OF SERVICES
PARKS MAINTENANCE SERVICES
Work Category A
Overall -Applicable To Each Scope Of Work Category
PART I -GENERAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
2.0 REQUIRED CERTIFICATIONS/LICENSES
3.0 CONTRACTOR'S STAFF AND TRAINING
4.0 HOURS AND DAYS OF MAINTENANCE SERVICES
5.0 MAINTENANCE SCHEDULES
6.0 EXPANDED SCOPE OF CONTRACT
7.0 PAYMENT AND INVOICES
8.0 WORK BY OTHER FORCES
9.0 EXTRA WORK
10.0 EQUIPMENT
11.0 PERFORMANCE DURING INCLEMENT WEATHER
12.0 COMMUNICATIONS AND EMERGENCY RESPONSE
13.0 INSPECTIONS, MEETINGS AND REPORTS
14.0 DAMAGES CAUSED BY CONTRACTOR
15.0 ENFORCEMENT AND DEDUCTIONS
16.0 SAFETY
17.0 TRAFFIC CONTROL
18.0 NON-INTERFERENCE -NOISE
19.0 USE OF CHEMICALS
20.0 DISPOSAL
21 .0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
22.0 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
23.0 PROVISIONS FOR EMERGENCIES
24.0 RECORDS/REPORTS
City Attorney Approved Version 6/12/18
15
March 26, 2019 Item #4 Page 22 of 70
PARTI
GENERAL SPECIFICATIONS
1.00 GENERAL REQUIREMENTS
1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be
performed in a professional, workmanlike manner using quality equipment and
materials.
1.02 CONTRACTOR is expected to have the appropriate staff and equipment available to
perform all portions of this CONTRACT within the given time frames.
CONTRACTOR shall clearly identify each piece of riding/driving equipment used at
areas of service with decals, noting CONTRACTOR'S name (including logo), and phone
number.
1.03 CONTRACTOR shall comply with the provisions of the Immigration Reform and Control
Act of 1986, Public Law 99-603.
1.04 CONTRACTOR shall provide the labor, materials, equipment, tools , services and special
skills necessary for the provision of parks maintenance services, except as otherwise
specified hereinafter. The premises shall be maintained to the highest of standards at
no less than the minimum frequencies set forth herein .
1.05 CONTRACTOR shall employ only workers who are competent to perform the work
assigned to them, and in the case of skilled labor, who are adequately trained and
experienced in their respective trades and who do satisfactory work. Should the CITY
notify CONTRACTOR that any person(s) employed by CONTRACTOR is, in the CITY'S
opinion, incompetent, unfaithful, or insufficiently skilled while on the work site, such
person shall be immediately discharged from the work site and shall not be re-deployed
thereon except with the written consent of CITY.
1.06 CONTRACTOR is hereby required to render and provide parks maintenance services as
described in the Category of Section 3-Scope of Work.
1.07 Upon commencement of work under this CONTRACT, CONTRACTOR shall be fully
equipped and staffed; thoroughly familiar with CONTRACT requirements and prepared
to provide all services required.
1.08 CONTRACTOR accepts the sites of services in their present physical condition and
physical condition at time of CONTRACT award, and agrees to make no demands upon
CITY for any improvements or alterations thereof.
1.09 CONTRACTOR shall, during the term of this CONTRACT, respond to all emergencies,
to the satisfaction of CITY, within one (1) hour of notification.
1.10 CONTRACTOR shall perform a weekly maintenance inspection independently, and a
monthly maintenance inspection jointly with CITY, during daylight hours of all areas
within the scope of this CONTRACT. Such inspections shall be both visual and
operational. It shall include operation of all irrigation systems to check for proper
City Attorney Approved Version 6/12/18
16
March 26, 2019 Item #4 Page 23 of 70
condition and reliability. CONTRACTOR shall take immediate steps to correct any
observed and/or operational irregularities, and submit a written report regarding
identified irregularities to CITY.
1.11 CONTRACTOR shall document and report to CITY all observations of: graffiti and other
vandalism; illegal activities; transient camps; missing or damaged equipment or signs;
hazards or potential hazards, including without limitation, sidewalk hazards caused by
trees or other means, within 2 hours of observation.
1.12 CONTRACTOR shall incorporate and comply with all applicable Storm Water pollution
prevention Best Management Practices (BMPs) during the performance of this
CONTRACT. All parks maintenance services must be in compliance with the most
current San Diego Regional Water Quality Control Board (RWQCB) municipal permit,
City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP), and Carlsbad
Municipal Code (CMG); RWQCB municipal permit and JURMP are on file with CITY.
Said permits and plans, as may be amended from time to time, are incorporated herein
by reference.
1.13 CONTRACTOR shall indicate in their proposal methods of compliance, equipment
utilized to insure compliance, training of staff and experience in compliance with
environmental regulations. If in the opinion of CITY, CONTRACTOR is not in
compliance with this provision, CITY reserves the right to implement BMPs to the
maximum extent practical, and deduct payment due or back charge CONTRACTOR for
implementation.
2.0 REQUIRED CERTIFICATIONS/LICENSES
2.01 CONTRACTOR shall have and maintain a valid State of California C-27
CONTRACTOR'S license throughout the term of this CONTRACT. License must be in
good standing for the previous five (5) consecutive years without any unresolved official
record of complaints registered or filed with the Board or California Department of
Consumer Affairs.
2.02 CONTRACTOR shall possess the most recent California Highway Patrol Commercial
Vehicle Inspection (BIT) report for all commercial equipment used throughout the term of
this CONTRACT.
2.03 CONTRACTOR shall possess at least:
• International Society of Arboriculture (ISA) Tree Worker certification for all crew
members who perform tree trimming .
• ISA Tree Worker certification for all Foremen of any crews that perform tree
trimming.
2.04 CONTRACTOR shall possess at least:
• California Department of Pesticide Regulations (CDPR) Qualified Applicator
certification for all crew members who perform pesticide applications.
• CDPR Qualified Applicator certification for all Foremen of any crews that perform
pesticide applications.
City Attorney Approved Version 6/12/18
17
March 26, 2019 Item #4 Page 24 of 70
3.0 CONTRACTOR'S STAFF AND TRAINING
3.01 CONTRACTOR shall provide sufficient personnel to perform all work in accordance with
the specification set forth herein.
3.02 With respect to all persons employed or contracted by CONTRACTOR to perform
Services under this CONTRACT, CONTRACTOR shall ensure that pre-employment or
pre-contracting reference and background checks have been conducted on all personnel
directly performing Services under this CONTRACT (which shall include but not be
limited to, all such persons who shall come on to the premises at any CITY facility or in
any CITY park or public rights-of-way in the performance of their duties or tasks).
CONTRACTOR shall be responsible for ensuring that federal, state and county of
residence criminal background checks -via Livescan or equivalent means, as approved
by the CITY -are conducted on all personnel providing Services or work under this
CONTRACT, prior to their commencement of Services under this CONTRACT, and shall
exclude from any direct participation in the performance of the Services any dishonest,
unreasonably dangerous, felon, or otherwise unqualified persons. In addition,
CONTRACTOR shall be responsible for ensuring that the aforementioned criminal
background checks are annually renewed, prior to the anniversary date of the execution
of this CONTRACT, CONTRACTOR will abide by all applicable laws, rules and
regulations including, but not limited to the Fair Credit Reporting act and/or any equal
opportunity laws, rules, regulations or ordinances. CONTRACTOR shall maintain
paperwork to support its compliance with the above.
• CITY shall have the right to audit background check data.
• CITY shall have the absolute right to review and disapprove any personnel assigned
to perform any of the Services required pursuant to this CONTRACT.
• CITY shall have the unrestricted right to order the removal of any person(s) assigned
by CONTRACTOR by giving oral or written notice to CONTRACTOR to such effect.
• CONTRACTOR'S personnel shall at all times while performing any of the Services
required under this CONTRACT comply with CITY's drug and alcohol policies then in
effect.
• CONTRACTOR shall remove any person from performing any Services to CITY if
said person is arrested and charged with either a misdemeanor or fe lony.
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.
City Attorney Approved Version 6/12/18
18
March 26, 2019 Item #4 Page 25 of 70
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 his personnel to adhere to basic public works
standards of working attire including uniform shirts and/or vests clearly marked with
CONTRACTOR'S company name (including logo, if applicable), and employee name
badges as approved by CITY. Sufficient changes of attire shall be provided to present a
neat and clean appearance of CONTRACTOR'S personnel at all times. Shirts shall be
worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with
proper shoes and other gear required by Cal-OSHA and other State safety regulations.
Brightly colored traffic vests or reflectors shall be worn when personnel are working near
vehicular traffic.
3.08 CONTRACTOR shall designate a person (Contract Manager) who can communicate
effectively both in written and oral English and who shall be present at all times during
CONTRACT operations as described in this CONTRACT. Any order or communication
given to CONTRACTOR's Contract Manager shall be deemed as delivered to
CONTRACTOR.
3.09 CONTRACTOR shall provide a minimum of two personnel per Category of Section 3 -
Scope of Work, who are CLCA Certified Landscape Technicians -Irrigation (CLT-I).
These personnel shall be assigned to the category crew(s) and be fully trained in all
phases of landscape irrigation systems operation, maintenance, adjustment and repair.
4.00 HOURS AND DAYS OF MAINTENANCE SERVICES
4.01 The hours of maintenance service shall be 7:00 a.m. to 4:00 p.m. daily for all sites. No
exceptions are approved, nor anticipated, by the CITY.
4.02 CONTRACTOR shall provide staffing to perform the required maintenance services
during the prescribed hours seven (7) days per week. Any changes in the days of
operation heretofore prescribed shall be subject to approval, in writing, by CITY.
4.03 CONTRACTOR is advised that any travel lane closures necessary, on major or arterial
roads as defined by CITY, are subject to limited hours, except as approved, in writing, by
CITY. No work, related to a lane closure, including installation or removal of traffic
control devices, may occur outside the hours of 8:30 a.m. and 3:30 p.m. daily on these
roads.
4.04 The use of all power tools is prohibited daily between 7:00 p.m. and 7:00 a.m., except
under emergency circumstances as approved by CITY.
City Attorney Approved Version 6/12/18
19
March 26, 2019 Item #4 Page 26 of 70
5.00 MAINTENANCE SCHEDULES
5.01 CONTRACTOR will be provided the maximum latitude in establishing work schedules,
which correspond to its staff and equipment resources.
5.02 CONTRACTOR shall adhere to the tree pruning schedule as developed and provided by
CITY, per Category of Section 3-Scope of Services including providing the staff and
equipment that would be required to complete the project.
5.03 CONTRACTOR shall, within thirty (30) calendar days after CITY executes th is
CONTRACT, submit work schedules to CITY for review and written approval. Said work
schedules shall identify required operations and delineate the time frames for
performance, and shall be updated and submitted by CONTRACTOR to CITY on a
quarterly basis thereafter.
6.00 EXPANDED SCOPE OF CONTRACT
6.01 CITY may award expanded work to CONTRACTOR, at the discretion of CITY.
Expanded work will be awarded on a negotiated proposal and acceptance basis, as
when CITY determines it is appropriate to negotiate a fixed price for work in lieu of
utilizing unit prices. Payment for work shall be performed by negotiated agreement
between CITY and CONTRACTOR or on a TIME AND MATERIALS basis in accordance
with CONTRACTOR'S Proposed Cost of Services chart.
6.02 Prior to performing expanded work, CONTRACTOR shall prepare and submit a written
proposal including a description of the work, a list of materials, and a schedule for
completion. No work shall commence without written approval of CONTRACTOR'S
proposal by CITY. This proposal is subject to acceptance or negotiation by CITY.
6.03 Expanded work shall commence on the specified date established and CONTRACTOR
shall proceed diligently to complete said work within the time allotted.
7.00 PAYMENT AND INVOICES
7.01 CONTRACTOR shall present monthly invoices, for all Services performed during the
preceding month. Said invoice shall include all required certifications and reports as
specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of
each month in the amount of the compensation to be paid by CITY for all Services
rendered by CONTRACTOR under the terms and conditions of this CONTRACT. Said
payment shall be made within thirty (30) days upon receiving the invoices, providing that
all Services performed during the preceding month has been inspected and accepted by
CITY and that applicable certifications have been submitted in accordance with the
provisions of this CONTRACT.
7.02 Monthly invoices shall be prepared separately for areas of service, in the following
format:
City Attorney Approved Version 6/12/18
20
March 26, 2019 Item #4 Page 27 of 70
Invoice # -Community Parks
Location Account Number Monthly Cost
Alga Norte Community Park 0014610-7550 $(AMOUNT)
Aviara Community Park
Calavera Hills Community Park
Chase Fields
Pine Avenue Community Park
Poinsettia Community Park
Stagecoach Community Park
Zone 5 Park
TOTAL MONTHLY COST $(AMOUNT)
Invoice # -School Athletic Fields
Location Account Number Monthly Cost
Aviara Oaks Middle School 0014610-7550 $(AMOUNT)
Buena Vista Elementary School
Carlsbad High School
Hope Elementary School
Jefferson Elementary School
Kelly Elementary School
La Costa Heights Elementary School
Magnolia Elementary School
Valley Middle School
La Costa Meadows School/El Fuerte Park
TOTAL MONTHLY COST $(AMOUNT)
Invoice # -Extra Work
Location Account Number Monthly Cost
TBD by City Request 0014610-7550 $(AMOUNT)
TOTAL MONTHLY COST $(AMOUNT)
7.03 Invoices for approved "Extra Work" shall be in a format acceptable to CITY, including
attachments, such as copies of suppliers' invoices, which CITY may require to verify
CONTRACTOR'S billing. Invoices for extra work shall be submitted on separate
invoices. Unless otherwise requested by CITY, one invoice shall be submitted for each
distinct and complete item of "Extra Work".
7.04 In the event CITY transfers title or maintenance responsibility of the premises or a
portion thereof, this CONTRACT shall continue in full force and effect, except said
portion, at the discretion of CITY, may be deleted from the premises to be maintained
and the CONTRACT sum shall be reduced accordingly.
City Attorney Approved Version 6/12/18
21
March 26, 2019 Item #4 Page 28 of 70
8.00 WORK BY OTHER FORCES
8.01 In the event that CITY determines that work requested is of an unknown duration, not
easily quantified or CONTRACTOR'S proposal for work is not approved, CITY reserves
the right to perform such work with other forces.
9.00 EXTRA WORK
9.01 Extra work shall be performed by CONTRACTOR or by competitive bid option at the
discretion of CITY. CONTRACTOR may be asked to complete extra work outside of the
CONTRACT'S scope of work at the unit cost rates agreed to in this CONTRACT. If
CITY decides to give CONTRACTOR extra work, it will be awarded only with the
following criteria:
• All regular/routine maintenance tasks are to be completed per schedule and to the
satisfaction of CITY.
The extra work project bid prices are consistent with the unit cost(s) included in
CONTRACTOR'S bid. The cost of any extra work required that exceeds $45,000
shall be competitively bid upon at CITY'S discretion.
9.02 "Extra Work" may include, but is not limited to:
• Removing debris from park backstop nets
• Removing, replacing, or repairing banners from street light standards
• Erecting and lighting a holiday tree in the Downtown Village
9.03 CITY may award extra work to CONTRACTOR, or to other forces, at the discretion of
CITY. New or unforeseen work will be classified as extra work when CITY determines it
is not covered by CONTRACT unit prices or is significantly different than
CONTRACTOR'S other work areas.
9.04 Prior to performing any extra work, CONTRACTOR shall prepare and submit a written
proposal including a description of the work, a list of materials, and a schedule for
completion. CITY may accept, reject or seek to negotiate the proposal with
CONTRACTOR. No extra work shall commence without written approval of
CONTRACTOR'S proposal by CITY.
9.05 Rental fees attributed to the extra work shall include rental time for machinery or
equipment that is required, for extra work, plus move-in and/or move-out charges. All
equipment shall be in good working order and be suitable for its purposes.
9.06 When a condition exists which CITY deems urgent, CITY may verbally authorize the
extra work to be performed upon receiving a verbal estimate from CONTRACTOR.
However, within twenty-four (24) hours after receiving a verbal authorization,
CONTRACTOR shall submit a written estimate, consistent with the verbal authorization,
to CITY for written approval.
9.07 All extra work shall commence on the specified date established and CONTRACTOR
shall proceed diligently to complete said work within the time allotted.
City Attorney Approved Version 6/12/18
22
March 26, 2019 Item #4 Page 29 of 70
9.08 CONTRACTOR must be able to do the extra work without impact on regular
maintenance. This extra work shall be completed per specified timeframe.
10.00 EQUIPMENT
10.01 CONTRACTOR shall only use equipment identified in the bid submittal, or thereafter
with written CITY approval, during the term of this CONTRACT.
10.02 CONTRACTOR shall have, or be able to acquire through rental, back-up equipment
necessary to complete that day's routine and/or specialty tasks. This back-up
equipment must be on site and ready to continue service within two (2) hours from the
time the existing equipment has failed to work properly.
10.03 All equipment shall be generally clean, void of significant body damage, in good working
order, leak-free, and regularly maintained.
10.04 Each piece of riding/driving equipment used at areas of service shall be clearly
identified with decals, noting CONTRACTOR'S name (including logo), and phone
number.
10.05 CONTRACTOR must use appropriate equipment suitable for commercial applications in
completing all required tasks in this CONTRACT.
11.00 PERFORMANCE DURING INCLEMENT WEATHER
11.01 During the periods when inclement weather hinders performance of the required work,
CONTRACTOR may adjust its work force in order to accomplish those activities that are
not affected by weather.
11.02 All drains and drainage conveyance devices on work sites shall be checked daily, at a
minimum, during inclement weather, and cleaned, as needed.
11 .03 CONTRACTOR may be required during inclement weather to perform clean-up tasks as
requested by CITY. CONTRACTOR'S labor hours shall not exceed the normal working
hours without prior written approval by CITY. Any extra work is subject to the terms and
conditions as stated in Section 7.03.
12.00 COMMUNICATIONS AND EMERGENCY RESPONSE
12.01 CONTRACTOR shall, during the term of this CONTRACT, maintain a single telephone
number, with a local San Diego region area code, at which CONTRACTOR or
CONTRACTOR'S responsible employee may be contacted at any time, twenty-four (24)
hours per day, 7 days per week, to take the necessary action regarding all inquiries,
complaints and the like, that may be received from CITY. For hours beyond the normal
7:00 a.m. to 4:00 p.m. business day, an answering service shall be considered an
acceptable substitute for full time twenty-four hour coverage, provided that
CONTRACTOR responds to CITY by return call within thirty (30) minutes of CITY'S
original call.
12.02 Whenever immediate action is required to prevent possible injury, death, or property
damage, CITY may, after reasonable attempt to notify CONTRACTOR, cause such
City Attorney Approved Version 6/12/18
23
March 26, 2019 Item #4 Page 30 of 70
action to be taken by alternate work forces and, as determined by CITY, charge the cost
thereof to CONTRACTOR, or deduct such cost from any amount due to CONTRACTOR
including a fifteen percent (15%) markup for administrative costs.
12.03 During normal working hours, CONTRACTOR shall have the ability to contact and
provide direction to its field crews within thirty (30) minutes of notification by CITY.
12.04 All complaints shall be addressed as soon as possible after notification; but in all cases
within 24 hours, to the satisfaction of CITY. If any complaint is not addressed within 24
hours, CITY shall be notified immediately of the reason for not addressing the complaint
followed by a written report to CITY within five (5) working days. If the complaints are
not abated within the time specified or to the satisfaction of CITY, CITY may correct the
specific complaint and the total cost incurred by CITY will be deducted from payments
owing to CONTRACTOR from CITY.
12.05 CONTRACTOR shall maintain a written log of all complaints, the date and the time
thereof and the action taken pursuant thereto or the reason for non-action. Said log of
complaints shall be open to the inspection of CITY at all reasonable times and without
prior notice to CONTRACTOR.
12.06 CONTRACTOR'S supervisors and foremen shall carry cellular telephones with local San
Diego region area code. Supervisors and foremen shall respond within thirty (30)
minutes to any call from CITY, at any time, during normal working hours.
13.00 INSPECTIONS, MEETINGS AND REPORTS
13.01 CONTRACTOR and CITY shall inspect all sites on a monthly basis. CONTRACTOR
shall bring its lists of problems and deficiencies along with schedules or proposals for
correcting these items to the monthly meetings. Safety issues are to be brought to the
attention of CITY immediately.
13.02 CONTRACTOR and CITY shall meet weekly at minimum to review CONTRACTOR'S
schedules and performance, resolve problems, and perform supplemental field
inspections, as required. At the request of CITY, the owner or other executive officer of
CONTRACTOR shall be available to attend these meetings.
13.03 Irrigation inspections will occur within one (1) day of repair completion.
13.04 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S
equipment, at any time for the purpose of verifying CONTRACTOR'S performance of
CONTRACT requirements and identifying deficiencies.
13.05 CONTRACTOR or an authorized representative shall meet with CITY on each site at the
discretion and convenience of CITY, for inspections.
13.06 At CITY'S request CONTRACTOR shall attend meetings, as determined by CITY, for
purposes of orientation, information sharing, CONTRACT revision, description of CITY
policies, procedures, standards, and the like.
13.07 CONTRACTOR shall provide to CITY such written documentation and/or regular reports
as CITY deems necessary to verify and review CONTRACTOR'S performance under
this CONTRACT and to provide to CITY pertinent information relative to the
City Attorney Approved Version 6/12/18
24
March 26, 2019 Item #4 Page 31 of 70
maintenance, operation, and safety of the sites under this CONTRACT. This
documentation shall include the field and office use of the CITY's inspection software
program. The CITY will provide the CONTRACTOR with licensing or other access for
this software program.
14.00 DAMAGES CAUSED BY CONTRACTOR
14.01 All damages incurred to sites under CONTRACT, by CONTRACTOR'S operation shall be
repaired or replaced, by CONTRACTOR or by other forces (at the discretion of CITY), all
at CONTRACTOR'S expense.
14.02 All such repairs or replacements, which are directed by CITY are to be done by
CONTRACTOR, shall be completed within the time limits established by CITY.
14.03 Damaged trees, shrubs, turf, and ground cover shall be repaired or replaced in
accordance with the following maintenance practices:
A. Trees: Minor damage such as bark lost from impact of operating equipment shall be
remedied by a qualified tree surgeon or arborist. If damage results in loss or
significant compromise to the health or quality of a tree, the damaged tree shall be
removed and replaced to comply with the specific instructions of CITY.
B. Shrubs: Minor damage may be corrected by appropriate pruning. Major damage
shall be corrected by removal of the old plant material and replacement with new
plant material.
C. Adjacent turf and groundcover: Minor turf damage may be corrected by appropriate
amending and over seeding damaged areas. Major damage shall be corrected by
removal and replacement of turf of like variety. Minor groundcover damage shall be
corrected by appropriate pruning. Major damage shall be corrected by removal of
the old plant material and replacement with new plant material identical to the
damaged plant material.
D. Adjacent Improvements: CONTRACTOR shall remove and replace all surface and
hardscape improvements damaged by its work to the satisfaction of CITY. All
damaged improvements shall be replaced in accordance with CITY standards.
CONTRACTOR shall be fully licensed for the type of repair work being performed or
shall employ a subcontractor licensed in the discipline required.
15.00 ENFORCEMENT AND DEDUCTIONS
15.01 CITY'S Parks Services Manager or designee shall be responsible for the enforcement of
this CONTRACT on behalf of CITY.
15.02 CITY shall prepare and implement an Inspection Rating System to be used to verify
monthly payments and deductions from payments. This form and system may be
modified at the discretion of CITY. CONTRACTOR agrees to be evaluated by said
system and bound by the ratings and/or deductions from payments indicated in the
monthly Inspection Rating System. To avoid deductions from payment of services for
City Attorney Approved Version 6/12/18
25
March 26, 2019 Item #4 Page 32 of 70
individual sites' bid amounts, CONTRACTOR must receive a Total Rating of 95 -for the
respective site, and for the general duties of the CONTRACT.
15.03 If in the judgment of CITY, CONTRACTOR is deemed to be non-compliant with the
terms and obligations 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 of 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 describing the reasons for said action. The monthly Inspection
Rating System report shall constitute reason for any deductions so imposed.
15.04 The parties agree that it will be impracticable or extremely difficult to fix the extent of
actual damages resulting from the failure of CONTRACTOR to correct a deficiency. If
after five (5) days of notification from CITY, CONTRACTOR fails to correct deficiencies,
CITY may correct any and all deficiencies using alternate forces. Any damages
occurred as a result of CONTRACTOR failures shall be deducted from CITY'S payment
to CONTRACTOR. The total costs incurred by completion of the work by alternate forces
will be deducted from the payment to CONTRACTOR.
16.00 SAFETY
16.01 CONTRACTOR agrees to perform all Services outlined in this CONTRACT in such a
manner as to meet all accepted standards for safe practices during the maintenance
operation and to safely maintain stored equipment, machines, and materials or other
hazards consequential or related to the Services; and agrees additionally to accept the
sole responsibility for complying with all CITY, County, State or Federal requirements at
all times so as to protect all persons, including CONTRACTOR'S employees, agents of
CITY, CONTRACTORS, members of the public or others from foreseeable injury, or
damage to their property.
16.02 It shall be CONTRACTOR'S responsibility to inspect, and identify, any condition(s) that
renders any portion of the premises unsafe, as well as any unsafe practices occurring
thereon. CONTRACTOR shall immediately notify CITY of any unsafe condition that it
observes which requires correction outside the scope of this CONTRACT. However,
CONTRACTOR shall be responsible for making minor corrections including, but not
limited to; filling holes in ground, turf or paving; using barricades or traffic cones to alert
patrons of the existence of hazards, including trip, slip or fall hazards; replacing valve
box covers; and the like, so as to protect members of the public or others from injury.
16.03 CONTRACTOR shall notify CITY immediately of any occurrence on the premises of
accident, injury, or persons requiring emergency services and, if so requested, shall
prepare a written report thereof to CITY within three (3) calendar days following the
occurrence. CONTRACTOR shall cooperate fully with CITY in the investigation of any
such occurrence.
17.00 TRAFFIC CONTROL
17.01 Prior to any work in the public right-of-way, CONTRACTOR shall submit documentation
of compliance with all applicable traffic control regulations. CONTRACTOR shall submit
supplementary traffic control plans for unusual circumstances that are out of the ordinary
City Attorney Approved Version 6/12/18
26
March 26, 2019 Item #4 Page 33 of 70
for right-of-way maintenance. A traffic control system consists of closing traffic lanes or
pedestrian walkways in accordance with the details shown on the plans, and the
California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1,
as amended for use in California). The provisions in this section will not relieve
CONTRACTOR from its responsibility to provide such additional devices or take such
measures as may be necessary to maintain public safety.
17.02 When lanes are closed for only the duration of work periods, all components of the traffic
control system, except portable delineators placed along open trenches or excavation
adjacent to the traveled way shall be removed from the traveled way and shoulder at the
end of the work period. If CONTRACTOR so elects, said components may be stored at
selected central locations, if so approved in writing by CITY'S Traffic Engineer, within the
limits of rights-of-way.
17.03 Bike lane closures should include work area warning signs for bicyclists, such as "bike
lane closed ahead" and proper delineation for closure of the bike lane. If encroachment
into a traffic lane occurs, the lane should be closed with the above procedures for
arterial lane closures.
17.04 Whenever possible, park all maintenance vehicles and trailers off major arterial
roadways and park on cross streets that have less traffic or in CITY Park parking lots.
17.05 CONTRACTOR shall comply with all requirements of CITY'S Traffic Engineer or
designee, and shall bear all costs of required traffic control including, but not limited to
signs, cones, markers, flagmen, etc.
18.00 NON-INTERFERENCE -NOISE
18.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct
its operations as to offer the least possible obstruction and inconvenience to the public
or disruption to the peace and quiet of the area within which the services are performed.
18.02 In the event that CONTRACTOR'S operations must be performed when persons of the
public are present, CONTRACTOR shall courteously inform said persons of any
operations that might affect them and, if appropriate, request persons to move out of the
work area.
18.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to
equipment operations. CONTRACTOR shall not use any power equipment prior to 7:00
a.m. or later than 7:00 p.m., except under emergency circumstances. Further, any
schedule of such operations may be modified by CITY in order to insure that the public is
not unduly impacted by the noise created by such equipment.
19.00 USE OF PESTICIDES
19.01 All work involving the use of pesticides shall be in compliance with all federal, state and
local laws and will be accomplished by or under the direction of a State of California Pest
Control Qualified Applicator.
19.02 Chemical applications shall strictly conform to all governing regulations, including the
City of Carlsbad Integrated Pest Management Plan, November 2017 (Appendix 'A').
City Attorney Approved Version 6/12/18
27
March 26, 2019 Item #4 Page 34 of 70
CONTRACTOR'S staff applying pesticides shall possess all required licenses and
certifications.
19.03 Records of all operations; including applicators names, stating dates, times, methods of
application, pesticide formulations, and weather conditions shall be made and retained
according to governing regulations.
19.04 All pesticides requiring a special permit for use must be registered with the County
Agricultural Commissioner's Office and a permit obtained.
19.05 Material Safety Data Sheets (MSDS) and sample labels shall be provided to CITY for all
products and pesticides used within CITY.
19.06 CONTRACTOR shall prepare and submit a schedule to CITY detailing all proposed
pesticide usage for approval. This schedule shall indicate; proposed dates of
application, type of pesticide proposed for use, area intended for application and a
quantity estimate of the material to be applied. CONTRACTOR shall provide to CITY an
updated schedule on a quarterly basis indicating the applications in the previous quarter
and any proposed changes to the approved annual schedule for the next quarter for
approval. CONTRACTOR shall also submit a sample of notice for posting at all school
sites to CITY for approval. CONTRACTOR shall be responsible for posting all school
sites prior to pesticide application in accordance with all federal, state, and local
requirements. If CONTRACTOR fails to provide and post the required notification
CONTRACTOR shall not apply any pesticides and CONTRACTOR shall submit a
revised schedule to CITY for approval prior to application of any pesticides not detailed
in the approved annual schedule.
19.07 Pesticides shall only be applied by those persons possessing a valid California Qualified
Applicator license/certificate or under supervision of a California Qualified Applicator.
Application shall be in strict accordance with all governing regulations.
19.08 Pesticides shall be applied in a manner to avoid contamination of non-targeted areas.
Precautionary measures shall be employed to keep the public from entering the spray
zone until the pesticide has either dried or dust settled. CONTRACTOR spraying staff
will remain on site until the area is safe for the public to enter.
19.09 Pesticide applications in school sites and in parks adjacent to school sites falling under
the Safe Schools Act of 2000 shall be performed during school closure times only. An
advanced notification to the school district will be required.
20.00 DISPOSAL
20.01 All landscape debris shall be disposed through a landscape material recycling center or
reused in some manner. Landscape debris shall not be disposed of in a landfill without
prior written approval from CITY. CONTRACTOR shall dispose of all cuttings, weeds,
leaves and other debris from the operation as work progresses. The first collection of
trash and non-landscape recycling materials are to be removed from the sites daily by
10:00 a.m. Use of City dumpsters will not be allowed. CITY shall not be responsible for
any disposal of landscape debris, cuttings, weeds, leaves, trash or any other debris and
CONTRACTOR shall be responsible to pay all disposal fees.
City Attorney Approved Version 6/12/18
28
March 26, 2019 Item #4 Page 35 of 70
21.00 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
21.01 CONTRACTOR shall exercise due care in protecting from damage all existing facilities,
structures and utilities both above surface and underground on CITY property. Any
damage to said property deemed to be caused by CONTRACTOR'S neglect shall be
corrected or paid for by CONTRACTOR and at no cost to CITY. This will include loss of
plant material due to improper or inadequate care.
21.02 If CITY requests or directs CONTRACTOR to perform work in a given area, it will be
CONTRACTOR'S responsibility to contact the various utility companies to verify and
locate any underground systems or utility lines. CONTRACTOR shall take responsibility
for exercising caution when working in these areas. If CONTRACTOR damages
utilities, it will be responsibility of CONTRACTOR to make the necessary repairs at their
own expense. CONTRACTOR will notify CITY, within one (1) hour, of any damage that
occurs.
21 .03 CONTRACTOR shall provide barriers, which are to be kept in place at all times for the
protection of persons other than those engaged on or about the work area from any
accident. CONTRACTOR shall be responsible for all accidents to persons or property
through any negligence or fault of CONTRACTOR, its agents, employees, and/or
subcontractors.
21.04 CONTRACTOR shall give reasonable notice to the owner(s) of public or private
property and utilities when such property is susceptible to injury or damage through the
performance of the work, and shall make all necessary arrangements with such
owner(s) relative to the removal and replacement or protection of such property or
utilities.
22.00 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
22.01 During storms, CONTRACTOR will provide inspection of the project during regular
hours to prevent or minimize possible damage from inclement weather.
CONTRACTOR shall submit a report identifying any storm damage to CITY identifying
location of damage and when feasible, cost estimates to repair. If remedial work is
required beyond this CONTRACT, it shall be contracted for and paid as extra work.
23.00 PROVISION FOR EMERGENCIES
23 .01 Whenever, in the opinion of CITY, CONTRACTOR has not taken sufficient precaution
for the safety of the public or the protection of the Services to be done under this
CONTRACT, or of adjacent 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
City Attorney Approved Version 6/12/18
29
March 26, 2019 Item #4 Page 36 of 70
precaution has been duly taken by CITY.
23.02 CONTRACTOR shall not be entitled to any damages or extra pay on account of any
postponement, interference, or delay caused by any such structures and facilities within
the work area whether they are shown on the plans or not.
24.00 RECORDS/REPORTS
24.01 CONTRACTOR shall prepare and submit to CITY a monthly project report. Said report
shall indicate the overall condition of the maintained sites and list specifically any
unusual or problem areas or situations. The report shall also include action to be taken
by CONTRACTOR to rectify said situation(s) and indicate the anticipated time frame for
compliance.
A. Pesticide Reports:
1. Records of all pesticides (and fertilizers) used by CONTRACTOR on City
property will be submitted electronically through e-mail on a provided excel
spreadsheet, by the fifth day of the next month, to the CITY representative.
CONTRACTOR is responsible to maintain/retain site and date specific records in
accordance with California Department of Pesticide Regulations.
2. Records of operations shall be kept per California Department of Pesticide
Regulations.
3. The annual use report, which shall be a compilation of the prior calendar year's
monthly use reports, will be submitted electronically through email by January
10 each year, and will include the total amounts of pesticides (and fertilizers)
used on CITY property, per CDPR and NPDES.
4. Copies of current P.C.A., P.C.O., Q.A.L./C. and San Diego County P.C.A.
registration shall be required annually in January.
24.02 Irrigation Reports:
A. CONTRACTOR shall maintain and submit to CITY the following reports at these
times:
1. Irrigation Tracking Sheet: To be filled out at the time of scheduled
testing/repairing, and turned in monthly to CITY.
2. Annual Irrigation System Maintenance Record: CONTRACTOR is to provide a
spreadsheet listing each system serviced (including backflow prevention device
testing and recycled water connection/coverage testing) with the date, an
itemized list of the service provided and the name and signature of the person(s)
that did the work.
24.03 Green Waste Recycling and Other Recycling Report:
City Attorney Approved Version 6/12/18
30
March 26, 2019 Item #4 Page 37 of 70
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.
City Attorney Approved Version 6/12/18
31
March 26, 2019 Item #4 Page 38 of 70
Work Category C
Community Parks and School Athletic Fields
PART I -GENERAL SPECIFICATIONS
1.0 REQUIRED CERTIFICATES/LICENSES
2.0 COMMUNITY PARKS AND SCHOOL ATHLETIC FIELDS TO BE
MAINTAINED
PART II -TECHNICAL SPECIFICATIONS
3.0 MOWING
4.0 TURF AND GROUND-COVER EDGING
5.0 AERIFICATION
6.0 RENOVATION
7.0 WATERING AND IRRIGATION
8.0 IRRIGATION MAINTENANCE, REPAIR AND TESTING
9.0 FERTILIZATION
10.0 WEED CONTROL
11.0 TREE, SHRUB AND GROUNDCOVER MAINTENANCE
12.0 MULCHING
13.0 DISEASE AND PEST CONTROL
14.0 PLANT MATERIALS
15.0 LITTER, LEAF AND DEBRIS CONTROL
16.0 TURF RESEEDING/RESTORATION
17.0 TRASH RECEPTACLES
18.0 TRASH AND GREEN WASTE DISPOSAL
19.0 SWEEPING/WASHING HARD SURFACES
20.0 DRINKING FOUNTAIN MAINTENANCE
21.0 FACILITIES AND EQUIPMENT MAINTENANCE
22.0 BLOCK HOUSE MAINTENANCE
23.0 SPORTS TURF MANAGEMENT
24.0 INFIELD MAINTENANCE
25.0 SYNTHETIC TURF MAINTENANCE
26.0 MAINTENANCE MINIMUM FREQUENCIES
City Attorney Approved Version 6/12/18
32
March 26, 2019 Item #4 Page 39 of 70
PARTI
GENERAL SPECIFICATIONS
1.00 REQUIRED CERTIFICATES/LICENSES
1.01 CONTRACTOR shall possess at least:
• National Recreation & Park Association (NRPA) Certified Playground Safety
Inspector (CPSI) certification for all crew members who perform playground
inspections.
• NRPA CPSI certification for Foreman of each crew that perform playground
inspections.
2.00 COMMUNITY PARKS AND SCHOOL ATHLETIC FIELDS TO BE MAINTAINED
2.01 The community parks and school athletic fields to be maintained under the provisions of this
CONTRACT are located at:
Community Parks
Approximate
Acres
Location Name
32.1
24.3
16.3
2.7
8.2
30.2
28.5
3.0
Alga Norte Community Park
Aviara Community Park*
*Including Ph. II Improvements
currently under construction
Calavera Hills Community Park
Chase Fields
Pine Avenue Community Park
Poinsettia Community Park*
*Including Ph. Ill Improvements
currently under construction
Stagecoach Community Park
Zone 5 Park
145.3 Subtotal Community Parks
33
Address
6565 Alicante Road
6435 Ambrosia Lane
See Appendix D -Construction Plans
2997 Glasgow Drive
3349 Harding Street
3333 Harding Street
6600 Hidden Valley Road
See Appendix E -Construction Plans
3420 Camino de los Coches
Faraday Avenue & Camino Hills Drive
City Attorney Approved Version 6/12/18
March 26, 2019 Item #4 Page 40 of 70
School Athletic Fields
Approximate
Location Name
Acres
4.7 Aviara Oaks Middle School
2.6 Buena Vista Elementary School
1.7 Carlsbad High School
2.9 Hope Elementary School
2.6 Jefferson Elementary School
2.8 Kelly Elementary School
3.5 La Costa Heights Elementary School
4.6 La Costa Meadows Elementary
School
4.0 Magnolia Elementary School
8.5 Valley Middle School
37.9 Subtotal School Athletic Fields
Address
6880 Ambrosia Lane
1330 Buena Vista Way
Basswood Avenue & Valley Street
3010 Tamarack Avenue
3743 Jefferson Street
4885 Kelly Drive
3035 Levante Street
6889 El Fuerte Street
1905 Magnolia Avenue
1645 Magnolia Avenue
183.2 TOTAL ACRES (COMMUNITY PARKS AND SCHOOL ATHLETIC FIELDS)
Dimensions listed are for estimating purposes only. Investigation & measurement is up to
CONTRACTOR.
2.02 CONTRACTOR acknowledges personal inspection of the areas and has evaluated the
extent to which the physical condition thereof will affect the services to be provided.
CONTRACTOR accepts the premises in their present physical condition and physical condition
at the time of CONTRACT award, and agrees to make no demands upon CITY for any
improvements or alterations thereof.
City Attorney Approved Version 6/12/18
34
March 26, 2019 Item #4 Page 41 of 70
PART II
TECHNICAL SPECIFICATIONS
3.00 MOWING
3.01 Mowing operations shall be performed in a workmanlike manner that ensures a smooth
surface appearance without scalping or allowing excessive cuttings to remain.
3.02 Turf shall be mowed with a mower appropriate to the particular turf type being mowed .
Equipment shall be properly maintained, clean, adjusted, and sharpened .
3.03 All mowing equipment shall be thoroughly washed following each mowing operation and
prior to being transported to any other site.
3.04 Mow and maintain turf to the following height ranges:
A. Bermuda: ¾ inch - 1 inch.
B. Cool season turf including bluegrass, perennial rye and fescues: 1 ½ inches - 2 inches.
C. Kikuyu: 3/4 inch - 1 ¼ inches.
3.05 Mowing operations shall be scheduled Monday through Friday.
3.06 Walkways shall be cleaned immediately following each mowing.
3.07 Mowing operations shall be scheduled at times of low public use.
3.08 Frequency of mowing shall be as often as needed to satisfy above provisions.
4.00 TURF AND GROUND-COVER EDGING
4.01 All turf edges shall be kept neatly edged. All grass invasions into adjacent areas shall
be eliminated.
4.02 String trimmers shall not be used to trim immediately around trees. Turf and
groundcover shall be maintained a minimum of one (1) foot from the trunks of trees by
use of appropriate chemicals or hand trimming.
4.03 A 36-inch diameter circle shall be maintained around young trees with immature bark or
a diameter at breast height of less than 6 inches. Circles may include a watering basin,
and/or a 2-inch deep layer of mulch, where appropriate. Circles shall be kept free of
weeds and grasses by use of appropriate chemicals or hand trimming.
4.04 Turf and groundcover shall be trimmed or limited around valve boxes, meter boxes,
backflow devices, park equipment/other obstacles, and around sprinklers as needed to
provide optimum water coverage.
4.05 All groundcover and flower bed areas shall be kept neatly edged and free of grass
invasion.
City Attorney Approved Version 6/12/18
35
March 26, 2019 Item #4 Page 42 of 70
4.06 Walkways shall be cleaned immediately following each edging.
4.07 Frequency of mechanical edging of turf shall be as often as needed to satisfy the above
provisions.
4.08 Frequency of ground cover edging shall be as often as needed to satisfy the above
provisions, but at a minimum weekly.
5.00 AERIFICATION
5.01 Aerate all turf areas by using a device that removes cores to a depth of two (2) inches at
not more than six (6) inch spacing.
5.02 CONTRACTOR shall assure that turf areas to be aerified are properly and evenly moist
prior to aerification operation.
5.03 Remove or shred cores so that they are not unsightly or a nuisance.
5.04 CONTRACTOR shall flag all irrigation heads, valve boxes, quick-couplers, and the like,
prior to commencing aeration operations. CONTRACTOR shall be responsible for any
damage to irrigation, boxes, pavement, etc. from aerifier and other equipment.
5.05 Aerification of turf areas shall be as often as needed to ensure top quality, healthy, and
lush turf, but at minimum quarterly.
6.00 RENOVATION
6.01 CONTRACTOR will renovate the turf areas one (1) time per year according to a
schedule established by CITY.
A. Turf shall be drop-cut/mowed at a maximum 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 approximately½". Clippings shall be removed with a turf
sweeper. Clippings in areas which are not accessible to the turf sweeper may be
removed by means of thorough raking.
C. Turf areas shall be aerified as specified in Section 5.00 AERIFICATION.
D. Turf, on all athletic fields and on other areas that are damaged, vandalized , bare or
thin in the determination of CITY, shall be repaired as specified in Section 16.00
TURF RESEEDING/ RESTORATION.
E. Turf areas shall be fertilized as specified in Section 9.00 FERTILIZATION.
6.02 If CONTRACTOR feels that supplemental renovation is needed, CONTRACTOR shall
notify CITY prior to proceeding.
7.00 WATERING AND IRRIGATION
7.01 All landscaped and turf areas shall be irrigated, as required to maintain adequate growth
and appearance, with a schedule most conducive to plant growth. The delivery of
City Attorney Approved Version 6/12/18
36
March 26, 2019 Item #4 Page 43 of 70
adequate moisture to the landscaped areas shall include, but not be limited to: hand
watering, operation of manual valves, proper utilization of automatic controllers and
valves.
7.02 CONTRACTOR shall insure that personnel operating irrigation systems are fully trained
in all phases of landscape irrigation systems, thoroughly familiar with the particular
equipment in use, and fully equipped and capable of performing proper programming
and operation of the irrigation systems.
7.03 CONTRACTOR shall be responsible for performing all specified irrigation tasks
including, but not limited to: testing, adjustments, repairs, replacements, and
supplemental watering. CONTRACTOR shall notify CITY immediately of any
deficiencies in irrigation at these sites.
7.04 Irrigation controllers shall be programmed by CONTRACTOR, with current schedules
provided to CITY monthly, and whenever modifications are performed over subsequent
month.
7.05 Areas not provided with an irrigation system shall be hand watered by CONTRACTOR.
This includes situations where the automatic system is inoperable for any reason.
CONTRACTOR shall be responsible for providing all equipment, such as hoses,
couplers and nozzles to accomplish this task.
7.06 Watering shall be regulated to avoid interference with any use of roadways, paving or
walks, and to be in compliance with CITY'S water conservation ordinance.
7.07 Controllers shall be set to operate during the period of lowest wind velocity, which would
normally occur at night or early morning hours.
7.08 Irrigation shall be controlled in such a way as not to cause any excessively wet area,
which could be damaged by mowing or other traffic.
7.09 No irrigation shall be done during periods of measurable rain without prior written
approval of CITY.
7 .10 CONTRACTOR shall be responsible for replacing all plant materials that die or are
permanently damaged due to excessive or insufficient watering.
8.00 IRRIGATION MAINTENANCE, REPAIR AND TESTING
8.01 CITY shall provide, or reimburse CONTRACTOR for irrigation parts, heads, and other
irrigation system equipment replacements that exceed $500 per month, with CITY'S
approval.
8.02 CONTRACTOR shall provide labor and equipment (CITY shall provide parts, heads, or
other equipment replacements, as described in Section 8.01) for maintenance 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
City Attorney Approved Version 6/12/18
37
March 26, 2019 Item #4 Page 44 of 70
C. Valves (control valves, ball valves, quick-coupler valves, master valves, etc.)
D. Pumps and flow sensors
E. Automatic controllers and appurtenant devices (ET and rain gauge, antenna and the
like)
F. Backflow devices
G. Pressure regulators
8.03 CONTRACTOR shall notify CITY of any damaged, deficient or inoperable irrigation
component indicating the location, valve station number, problem, size, and type of
irrigation equipment.
8.04 Repair or replacement of irrigation components by CONTRACTOR shall be completed
within two (2) working days of determining damaged or inoperable irrigation component,
or sooner to prevent damage to turf or landscaping, or if the repair is otherwise deemed
urgent by CITY.
8.05 Replacements of irrigation equipment shall be with originally specified equipment of the
same size and quality or substitutes approved by CITY prior to any installation thereof.
8.06 CONTRACTOR'S Irrigation Technicians shall be fully trained in all phases of landscape
irrigation systems and thoroughly familiar with the particular equipment in use.
Technicians shall be fully equipped and capable of identifying and isolating problems
and performing the proper programming, inspection, testing, repair and maintenance of
the irrigation systems. All of CONTRACTOR'S crew members working on irrigation shall
be appropriately trained and under the direct supervision of a qualified Irrigation
Technician per every three crew members.
8.07 CONTRACTOR'S Irrigation Technicians shall be fully competent and proficient in
programming Calsense irrigation controllers and central command and equipped with
Calsense Radio Remote hand-held remote valve actuator.
8.08 Prior to testing a system, CONTRACTOR shall inspect all irrigated areas; note and mark
with a flag marker any dry or stressed areas. During the course of the irrigation test,
CONTRACTOR shall determine the cause of the noted deficiency and make needed
repairs.
8.09 CONTRACTOR shall sequence controller(s) to each station to check the function of all
facets of the irrigation system.
8.10 During irrigation testing CONTRACTOR shall:
A. Adjust all sprinkler heads to provide correct coverage, uniform precipitation, prevention
of runoff and erosion, and prevention of excessive overspray onto adjacent areas.
B. Check for, and correct all leaks, including pipes, risers, seals, turrets, etc.
C. Clean, flush, adjust, repair or replace any equipment, head or component that is not
City Attorney Approved Version 6/12/18
38
March 26, 2019 Item #4 Page 45 of 70
functioning to manufacturer's specifications.
D. Adjust valves and heads to keep all systems operating at manufacturer's
recommended operating pressures. Valve throttling and pressure gauging shall be
employed to prevent excessive fogging.
E. Check valve boxes and covers. Repair or replace as needed. Replace and secure
cover bolts as needed.
F. Check for low-head drainage. Clean, repair or replace malfunctioning or missing anti-
drain devices including in-head check devices.
8.11 Any system malfunction, damage, or deficiency not immediately resolved after testing
shall be reported, including effected valve station(s) and other pertinent details, to CITY.
Said reporting may be verbal or in writing at the discretion and to the satisfaction of
CITY.
8.12 In addition to weekly testing by CONTRACTOR, all irrigation systems shall be tested and
inspected as necessary when damage is suspected, observed or reported.
8.13 CONTRACTOR shall be responsible for coordinating with the CITY on annual
certification of backflow prevention devices and testing of recycled water
connection/coverage.
8.14 All valve boxes shall be identified with heat-branded markings as directed by CITY.
8.15 CONTRACTOR shall submit as-built drawings of all modifications to irrigation systems,
including, piping, relocation of equipment or sprinkler heads, replacement of heads with
another make or model, changes in nozzles and the like. As-built changes shall be
complete to the satisfaction of CITY. As-built drawings shall be made neatly and legibly
on a blue-line copy of the irrigation drawings supplied by CITY, and shall be submitted
within two (2) working days of completion of the work.
8.16 Frequencies of irrigation testing shall be weekly or more frequently if problems or
conditions indicate a need.
9.00 FERTILIZATION
9.01 Products and rates of application shall be determined by CITY.
9.02 CONTRACTOR shall include scheduling of fertilizations on an annual calendar,
according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES
table in Section 26.00, and for school sites, noticing in accordance with all provisions of
the Safe Schools Act.
9.03 CONTRACTOR shall give written notice to CITY at least three (3) business days in
advance of fertilizer application at a given site.
9.04 CONTRACTOR shall have all materials delivered to the site in properly labeled,
unopened bags. All bags shall be retained on the site for CITY'S inspection and shall be
removed promptly following inspection.
City Attorney Approved Version 6/12/18
39
March 26, 2019 Item #4 Page 46 of 70
9.05 Application of fertilizer shall be done in sections, determined by the areas covered by
each irrigation system. Adequate irrigation shall immediately follow the application of
fertilizer to force fertilizer material to rest directly on the soil surface.
9.06 Turf, trees, shrubs and groundcover areas shall be fertilized as often as necessary to
ensure top quality, healthy, and lush material but at minimum quarterly.
10.00 WEED CONTROL
10.01 All areas shall receive diligent control of weeds by employing all industry-recognized,
legal methods, as approved by CITY.
10.02 The following areas shall be kept weed free: turf, shrub areas, ground cover beds,
planters, all hard surfaces, including sidewalks curbs, asphalt, and areas covered with
ornamental rock or mulch.
10.03 For school sites, noticing of all chemical applications shall be in accordance with all
provisions of the Safe Schools Act.
10.04 Chemical applications shall be done as needed. Weeds, which grow from, or spread by,
underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and
Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not
be physically removed until chemical action is complete. Notification of spraying shall be
made in writing to CITY at least three (3) business days prior to spraying.
10.05 Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot
treatment of all areas is to be performed as needed to satisfy above provisions, but at
minimum weekly.
10.06 Apply appropriate pre-emergent herbicides to prevent germination of known problem
weeds as needed. Target weeds shall include but are not limited to Kikuyu, Bermuda,
Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses.
10.07 Pre-emergent herbicide materials to be used shall be as approved by CITY. Materials to
be used shall be those best suited to the control of the target weeds in the given
planting.
10.08 Pre-emergent herbicide applications shall be carefully scheduled as approved by CITY,
and shall be made per label instructions for optimum control. Scheduling of pre-
emergent herbicide applications shall be reflected on the annual calendar, along with
notation identifying material name and target weeds.
10.09 Pre-emergent herbicide applications shall be annual, and as required for full control of
target weeds.
11 .00 TREE, SHRUB AND GROUNDCOVER MAINTENANCE
11.01 CONTRACTOR is responsible for tree work within fifteen (15) feet of the ground.
11.02 Trimming of trees and shrubs for vehicular and pedestrian clearance, visibility, access,
plant health and appearance shall be done as needed, but at minimum semi-annually
according to frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES
City Attorney Approved Version 6/12/18
40
March 26, 2019 Item #4 Page 47 of 70
table in Section 26.00.
11.03 All trimming and tree tying shall confirm to I.S.A. Standards. CONTRACTOR shall not
allow any tree to be topped.
11.04 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches
overhanging beyond curb line into the paved section of roadways, and an eight (8) foot
clearance for branches overhanging walkways and other pedestrian paths. Lower
branching may be appropriate for trees in background and ornamental areas. Trim plant
materials where necessary to maintain pedestrian access and safe vehicular visibility
and clearance and to prevent hazardous conditions.
11 .05 Shearing: Only hedge plants shall be sheared. These plants may also require additional
thinning to maintain a healthy condition.
11.06 Tree trimming shall be performed with the intent of developing healthy, structurally
sound trees with natural fo rm and proportion, symmetrical appearance, and proper
vertical and horizontal clearance, according to frequencies specified in the
MAINTENANCE MINIMUM FREQUENCIES table in Section 26.00.
11.07 Prune shrubs to encourage healthy growth habits, natural form and proportion. Restrict
growth of shrubbery to area behind curbs and within planter beds by pruning.
11.08 Where needed, tree stakes [two (2) per tree] shall be pentachlorophenol treated Lodge
Pole Pine. Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shall not
rub against any part of the tree during windy conditions; shall be tied using materials and
methods that conform to I.SA Standards.
11.09 Plant ties shall be checked bi-weekly and either retied to prevent girdling or removed
along with the stakes when no longer required.
11 .10 Periodic staking and tying shall be done as needed.
11.11 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or
severe damage above fifteen (15) feet in height from the ground shall be reported to
CITY.
11 .12 Groundcover
A Groundcover shall be renovated as needed. Renovation of groundcover shall
include thinning and/or shearing of groundcover and fertilization; and may include
bed cultivating and/or mu lching , as appropriate to the species and conditions and as
directed by CITY.
B. All dead, diseased and unsightly branches, vines or other growth shall be removed
immediately.
C. All groundcover areas shall be trimmed and maintained as needed to keep neat but
natural edges, but at minimum bi-weekly as specified in the MAINTENANCE
FREQUENCIES table in Section 26 .00.
City Attorney Approved Version 6/12/18
41
March 26, 2019 Item #4 Page 48 of 70
D. Except as specifically directed by CITY groundcover plants shall be prevented from
climbing utilities, shrubs, trees, and the like.
11 .13 Remove all dead shrubs and trees. CITY shall be notified 48 hours in advance of the
removal of any tree. Trees to be removed shall have a diameter at breast height of six
(6) inches or less. Trees measuring over this diameter at breast height may be removed
as "Extra Work" at the discretion of CITY.
11.14 All vegetation trimmings, fallen branches/shrubs/trees, other green waste and organic
debris shall be removed from the site immediately, and properly recycled/disposed of
daily.
11 .15 Flowering plants, including, but not limited to, Agapanthus, Pelargonium, Gaura,
Hemerocallis, Limonium, Tulbaghia, and Strelitzia, shall be maintained free of excessive
spent blooms, flower stalks and the like, but at minimum bi-weekly according to the
frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES TABLE in
Section 26.00. Plants shall be renovated following peak bloom, and as needed, to
produce optimum color production and plant health. Renovation methods and timing
shall be as approved by CITY.
12.00 MULCHING
12 .01 A minimum three (3) inch layer of approved mulch shall be maintained by
CONTRACTOR in all tree, shrub, groundcover, dog park, vacant pad and community
garden areas. Mulch shall be placed in such a manner as to present a neat appearance,
cover all bare soil, and shall not cover plant material or the bases of trees or shrubs.
12.02 All areas to receive mulch shall be free of weeds prior to mulching.
12.03 Mulch shall be maintained free of litter and foreign matter.
12.04 CONTRACTOR shall replenish mulch as required to maintain specified conditions.
12.05 CONTRACTOR shall pay the actual cost of mulch and delivery to CITY designated
site(s). CONTRACTOR shall supply, at its expense, all equipment and labor required to
move mulch from the site(s) and place in required areas. CONTRACTOR shall only take
from the site that amount of mulch needed to perform the services herein.
12.06 CONTRACTOR shall submit specifications for mulch type(s) indicating material included
in mixture, admixtures, or additives for approval by CITY. CONTRACTOR shall indicate
in this submittal the actual delivered cost of mulch type(s) to the designated stockpile
site.
12.07 Mulching operation shall be accomplished in a timely manner, so that all material is
placed and the site(s) left clean, all to the satisfaction of CITY. CONTRACTOR shall
implement appropriate and effective BMP'S to insure storm water pollution prevention
compliance for all aspects of mulching operations at the designated site(s) and required
areas of placement.
13.00 DISEASE AND PEST CONTROL
13.01 All landscaped areas shall be maintained free of disease and insects that could cause or
City Attorney Approved Version 6/12/18
42
March 26, 2019 Item #4 Page 49 of 70
promote damage to plant materials including but not limited to trees, shrubs,
groundcover and turf.
13.02 CITY shall be notified immediately of any disease, insects or unusual conditions that
might develop.
13.03 A disease control program to prevent all common diseases from causing serious
damage shall be provided on an as needed basis. Disease control shall be achieved
utilizing materials and rates recommended by a licensed California Pest Control Advisor.
13.04 CONTRACTOR shall eradicate or remove bees, ants, rodents and other pests.
CONTRACTOR shall arrange for and assume the expense of such operations, if not
under its immediate capabilities, within a 12-hour period after observation by
CONTRACTOR or notification from CITY.
13.05 Gophers and other rodents shall be eliminated by only appropriate, legal exterminating
techniques (traps, poison, etc.), approved by CITY.
13.06 CONTRACTOR shall collect dead animals and communicate with applicable
county/state agencies on disposal.
13.07 Frequency of disease and pest control operations shall be as needed to satisfy above
provisions.
14.00 PLANT MA TE RIALS
14.01 Plant materials shall conform to the requirements of the site specific landscape plan on
file with CITY, and to "Horticultural Standards" of American Association of Nurserymen
as to variety, species, size, age, etc.
14.02 Plans of record and specifications should be consulted to ensure correct identification of
species. Substitutions may be allowed but only with the prior written approval of CITY.
14.03 Quality
A. Plants shall be sound, healthy and vigorous, free from plant disease, insect pest or
their eggs, and shall have healthy normal root systems and comply with all state and
local regulations governing these matters, and shall be free from any noxious weeds.
B. Plant materials shall be symmetrical, and/or typical for variety and species.
C. Trees shall not have been topped.
D. Roots shall not have been allowed to circle or become bound at any stage of growth.
E. All plant materials must be provided from a licensed nursery and shall be subject to
acceptance as to quality by CITY.
14.04 Plant Materials Guarantee
A. CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by
City Attorney Approved Version 6/12/18
43
March 26, 2019 Item #4 Page 50 of 70
CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain
in healthy condition, regardless of the reason for said failure, as follows:
1. All trees shall be guaranteed for one (1) year from the date of acceptance of the
job by CITY.
2. All shrubs and ground cover shall be guaranteed for ninety (90) days from the
date of acceptance of the job by CITY.
15.00 LITTER, LEAF, AND DEBRIS CONTROL
15.01 Remove all litter, paper, glass, trash, undesirable materials, silt and other accumulated
debris as needed, but at minimum once daily, from all areas specified in the
CONTRACT.
15.02 Complete policing, litter pick up and supplemental hand sweeping of edges, corners and
other areas inaccessible to power equipment shall be accomplished as needed, but at
minimum once daily, to ensure a neat appearance.
15.03 Accumulation of leaves and debris shall be removed as needed, from all landscaped
areas.
15.04 Raking should not be used in ground cover or mulched areas except to remove heavy
accumulation of leaves and debris. When raking is necessary, it should be done lightly,
taking care not to damage plants or displace mulch.
15.05 Increases in frequencies of clean-ups for seasonal plant defoliation or clean-up after
storms shall be CONTRACTOR'S responsibility.
15.06 Removal of stickers and graffiti shall be conducted immediately upon observation, but at
minimum once daily.
15.07 CONTRACTOR shall employ appropriate safety equipment and procedures for litter
removal.
15.08 CONTRACTOR shall remove all private signs advertising garage sales, real estate, etc.
(excluding political/campaign signs) as needed, but at minimum, once daily. The
removed signs shall be returned to CITY. Posting of such signs are in violation of
Municipal Ordinance.
16.00 TURF RESEEDING/RESTORATION
16.01 Damaged, vandalized, bare, or thin turf areas shall be overseeded, plugged, or sodded
as required by CITY, to maintain turf to an acceptable quality.
16.02 Areas to be so treated shall be prepared as needed to provide an adequate soil
condition for seed to germinate and/or turf to establish. Preparation may require, as
needed, aeration, dethatching, soil amendment and tilling. Areas shall be fine graded to
provide for surface drainage and to match surrounding turf and borders.
16.03 Seed, sod, plugs, or stolons to be used and application rate shall be as approved by
City Attorney Approved Version 6/12/18
44
March 26, 2019 Item #4 Page 51 of 70
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 exceed¼ inch in depth.
16.04 Repaired areas shall receive supplemental water by hand, controller cycle, or portable
sprinkler as needed to establish turf.
17.00 TRASH RECEPTACLES
17.01 All exterior trash receptacles shall be checked at least daily, according to frequencies
specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 26.00 and
emptied whenever more than 1/2 full, and as needed to prevent objectionable odors or
other unsanitary conditions.
17.02 CONTRACTOR shall provide clean plastic liners in all trash receptacles. Liners shall be
replaced as needed each time a receptacle liner is emptied.
17.03 Any liquid accumulation or other foreign matter, which may remain in a receptacle when
the liner is removed, shall be removed and washed out as needed. Inside of receptacles
shall be dry when new liner is installed.
17.04 Receptacles and related appurtenances shall be cleaned as needed to avoid stains,
concentrations of insects, odors, etc.
17.05 Receptacles shall be conveniently located for the public use, and shall be returned daily
to proper locations if displaced.
17.06 Receptacles shall be secured with chain to posts where posts have been provided and
shall be kept covered with lids that are provided
17.07 CONTRACTOR shall replace trash receptacles, provided by CITY, in place of any which
are rusty, dented, graffitied, or which are otherwise unsuitable. Unsuitable receptacles
shall be transported and disposed of properly by CONTRACTOR.
18.00 TRASH AND GREEN WASTE DISPOSAL
18.01 All trash, green waste and accumulated debris shall be removed from the site,
immediately upon collection and disposed of by CONTRACTOR at a legal waste
collection site, or landscape material recycling center, as applicable. The cost to
dispose of said trash, green waste and accumulated debris will be at CONTRACTOR'S
own expense.
19.00 SWEEPING/WASHING HARD SURFACES
19.01 Walkways, steps, picnic hard surface areas, curbs, gutters and parking lots shall be
cleaned/washed, including but not limited to, the removal of all foreign objects from
surfaces such as gum, food or drink spills, grease, paint, graffiti, broken glass, staples,
etc., as needed, but at minimum daily as according to specified in the MAINTENANCE
MINIMUM FREQUENCIES table in Section 26.00. If any graffiti cannot be completely
removed by cleaning/washing tasks, CONTRACTOR shall immediately paint those
affected surfaces with a material approved by CITY.
19.02 Supplemental hand sweeping of parking lot edges, corners and other parking lot areas
City Attorney Approved Version 6/12/18
45
March 26, 2019 Item #4 Page 52 of 70
shall be required in those areas inaccessible to power equipment or where use of power
equipment would have an adverse community effect.
19.03 Blowers used in performance of this CONTRACT shall be low-noise type equipment
rated at or below 65 decibel level.
19.04 Contractor shall sweep hard surface areas, parking lot corners, walkways, steps, picnic
hard surface areas, and hard court areas as needed, but at minimum daily, according to
frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section
26.00.
20.00 DRINKING FOUNTAIN MAINTENANCE
20.01 Clean and disinfect drinking fountains, drain and sand trap as needed, but at minimum
daily according to in the MAINTENANCE MIN IMUM FREQUENCIES table in Section
26.00.
20.02 Leaking fixtures, damaged or missing parts and clogged drains that cannot be
unclogged using a plunger shall immediately be reported to CITY.
20.03 Water supply to a leaking fixture shall be shut off when it is reasonable to do so.
21.00 FACILITIES AND EQUIPMENT MAINTENANCE
21.01 Damaged decorative or delineation bollards, rails and fencing -including, but not limited
to concrete, chain link, welded wire, steel post-wire, wood or vinyl coated steel post-rail,
and tube steel -shall be repaired/replaced as needed by CONTRACTOR. CITY shall
provide or reimburse CONTRACTOR for materials that exceed $500 per month/$6,000
per year, with CITY'S approval.
21.02 CONTRACTOR shall inspect all picnic tables, benches, slabs, barbecues, tot lots, trash
receptacles, and the like as needed, but at minimum daily, according to the frequencies
specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 26.00.
Deficiencies which are CONTRACTOR'S responsibility shall be corrected immediately.
Any other deficiency shall be reported to CITY immediately.
21.03 At CITY'S direction on any given day, in response to the issuance of a national
proclamation, CONTRACTOR shall lower the United States Flag at each site to half
mas. On the day the proclamation ends, CONTRACTOR shall return the United States
Flag at each site to full mas. CONTRACTOR shall be entitled to submit an Extra Work
proposal for such services if the number of national proclamations exceeds 12 within a
single calendar year.
21 .03 Ashes, partially burned charcoal, garbage and leftover food in and around cooking and
picnic facilities shall be removed as needed, but at minimum daily, according to
frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section
26.00.
21.04 Picnic tables, benches, slabs, barbeques, tot lot equipment, trash/recycling receptacles,
and the like shall be washed as needed, but at minimum daily, according to frequencies
specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 26.00.
City Attorney Approved Version 6/12/18
46
March 26, 2019 Item #4 Page 53 of 70
21.05 Barbecues shall be cleaned as needed, but at minimum daily, according to frequencies
specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section 26.00.
21.06 Tot lots and volleyball courts shall be kept free of weeds, debris and other foreign
objects at all times. Tot lot and volleyball court sand shall be raked/ rototilled to
maintain a safe surface as needed, but at minimum daily/monthly, according to
frequencies specified in the MAINTENANCE MINIMUM FREQUENCIES table in Section
26.00.
21.07 Sand is to be added to tot lots and volleyball courts by CONTRACTOR when the level
gets below two (2) inches to the top of curb, at no expense to CITY. Samples of
replacement sand are to be submitted to CITY for approval prior to installation.
21.08 Sand around the edge of the tot lots and volleyball courts shall be swept or blown as
needed in order to accomplish safety and neatness, but at minimum daily, and the sand
shall be placed back into the courts and tot lots.
21 .09 Tennis courts and basketball courts shall be clear of stickers/wax and blown or swept
daily at minimum so as not to interfere with the normal playing activity. Washing of the
courts shall be done using water broom, and roll dried as necessary for health and
safety purposes. Tennis court net shall be maintained at proper 36" height at all times.
Tennis nets and basketball nets, rims, and backboards shall be repaired/replaced as
needed, by CONTRACTOR. CITY shall provide or reimburse CONTRACTOR for
materials that exceed $500 per month/$6,000 per year, with CITY'S approval.
Additionally, tennis court screens, and basketball rims and backboards, shall be washed
as needed.
21.10 All concrete playing and skating surfaces shall be kept clean and weed-free at all times.
Blow or sweep all such surfaces daily at minimum, and wash as needed. All bleacher,
dugouts and seating areas shall be swept or blown or swept daily at minimum, and
washed as needed. Additionally, all backstop and dugout screens shall be washed as
needed for aesthetic, health, and safety purposes.
21.11 All dog waste bag stations shall be kept stocked, clean, and in good condition at all
times. CONTRACTOR shall re-stock the dog waste bags at all such stations as
needed, but at minimum daily. The maker and type of dog waste bags shall be at the
approval of, and at no additional cost to, CITY.
21.12 All storm water pollution prevention devices and Best Management Practices (e.g.,
straw wattles, silt fences, gravel bags, etc.) shall be maintained by CONTRACTOR in
good order at all times. These devices and BMPs shall be cleaned or replaced 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 $500 per
month/$6,000 per year, with CITY'S approval.
City Attorney Approved Version 6/12/18
47
March 26, 2019 Item #4 Page 54 of 70
22.00 BLOCK HOUSE MAINTENANCE
22.01 CONTRACTOR shall unlock all parks blockhouse restrooms between 7 a.m. to 8 a.m.
daily. CITY will be responsible to lock all parks blockhouse restrooms in the evenings.
22.02 Block house restrooms shall be re-stocked, cleaned, and unclogged by and at the
expense of CONTRACTOR, as needed to to ensure safe and santitary use by the
public, but at minimum twice daily. If any graffiti cannot be completely removed by
cleaning/washing tasks, CONTRACTOR shall immediately paint those affected
surfaces with a material approved by CITY.
22.03 CONTRACTOR shall inspect block houses and report damage, vandalism, clogged
drains, and graffiti immediately to CITY.
22.04 CONTRACTOR shall report to CITY immediately any unsafe or unsightly conditions
observed.
23.00 SPORTS TURF MANAGEMENT
23.01 Sand Top-Dressing
A. Olgebay Norton #50, or approved equal, shall be applied to sufficiently fill voids,
depth of up to 4", using a top dressing machine, evenly spreading the sand over the
designated area. After the sand has been applied to the area, it shall be dragged
with an appropriate drag mat, going over the area in a circular pattern until the sand
is evenly distributed, with a smooth surface and watered in thoroughly by the end of
the workday.
23.02 Renovations Scheduling
A. Annual sports fields' renovations are required and generally occur during the months
of June, July and August. CONTRACTOR must have adequate staff and equipment
to be able to perform this task, and all required work must be completed during the
first week of the scheduled closure time to allow for seed/sod establishment. Note:
Renovations will be going on at several parks at the same time. CONTRACTOR
shall be responsible for locating and reserving enough seed/sod to complete this
process.
Note: Because of the short time frame and the number of fields and parks that are
closed at the same time, it is imperative this process proceed without interruptions or
delays. The new seed/sod is to be laid twenty-one (21) days prior to re-opening to allow
for adequate rooting.
23.03 Chemical Applications/Line Spraying
A. Spraying of sport field lines with herbicide shall be performed bi-weekly oar as
needed -according to CITY. Line width is not to exceed 6 inches.
B. Spraying of sport field lines with turf paint shall be performed bi-weekly, or as
needed -according to CITY. Line width is not to exceed 6 inches.
Note: Line spraying will be accomplished with the use of a taut string line to
City Attorney Approved Version 6/12/18
48
March 26, 2019 Item #4 Page 55 of 70
ensure straight lines. Lines that are not straight shall be re-done. In the case of
chemically sprayed lines, the damaged areas will be immediately replaced with
sod at no cost to CITY.
23.04 Filling
Filling of low areas shall be required upon request. Overall field cover/filling will be
required for correction of low areas or wet zones or to fill in old field lines. Soil that
is similar in consistency for the location of the work or dry topper (for wet fields)
will be required for this and shall be supplied by CONTRACTOR and approved by
City.
24.00 INFIELD MAINTENANCE
24.01 Patching and Tamping
The areas that usually require these tasks are the batters boxes, pitcher's mound
area, catchers areas and around the bases. These tasks shall be performed as
needed, but at a minimum, once a day.
A. Sweep out loose brick dust.
B. Fill hole with water and let soak into about half the depth of the hole.
C. Push loose or new brick dust or fresh mound mix into the hole, mixing with water.
It is generally better to use mound mix for the pitcher's mound and around home
plate for better adhesion and compaction.
D. Let this set until firm, but still damp and then tamp.
24.02 Dragging
Dragging tasks shall be performed as needed, but at a minimum, daily.
A. Prior to dragging, clean out and place the plugs in all base pegs if available and hand-
water the brick dust lightly to reduce overall dust.
B. Hand-drag the fence lines, pitchers mounds, outfield apron edge and base lines on turf
infields with a small drag or hand rake/lute.
C. Drag the infield using a tight loop pattern, circular pattern or crisscross pattern,
alternating weekly. Care must be taken so as not to pull the drag mat over turf home
plate or pitchers mounds. When finished with dragging, do not pull the drag mat onto
the turf, as this will deposit brick dust, gravel and trash in to the grass.
24.03 Watering
These tasks will be based on weather and actual field conditions. The tasks shall be
performed as needed, but at a minimum, daily. If it is cool or during rainy periods less
water will be needed. If it is warm or windy, more water will be required.
A. Set out sprinklers or use irrigation systems after dragging, but stop if and when water
City Attorney Approved Version 6/12/18
49
March 26, 2019 Item #4 Page 56 of 70
starts to puddle. Care must be taken not to over water areas that have been patched.
B. Hand water areas that may require additional water such as base lines.
24.04 Bases
These tasks shall be performed as needed, but at a minimum, weekly.
A. Expose the appropriate base pegs, and clean them out, if needed.
B. Replace any plate, pitching rubber or base peg, as provided by CITY. Care must be
taken to install the new plate, rubber or base peg in the same location to insure
proper distances and field requirements.
24.05 Sweeping
These tasks shall be performed as needed, but at a minimum, daily.
A. Sweep up all the gravel and debris left from the dragging process and remove from
site.
B. Sweep off home plate, the pitching rubbers and any bases that are out.
C. Sweep brick dust out of the turf along the apron edge or infield.
D. Sweep brick dust or other debris out of the fence lines and dugouts.
24.06 Other Tasks
Other tasks shall be performed as needed, but at a minimum, daily.
A. Remove infield weeds.
B. Repair/correct flooded fields.
Push or drain off excess water. Fill in low areas with dry brick dust and/or Diamond
Dry® or Diamond Pro®, rake this into the top ½" to 1" of the brick dust. Allow to set
(depends on how wet and how large of an area), rake again several more times. If the
field is extremely wet, allow to dry until capable of walking on the brick dust without
sinking.
C. Chalk fields.
To include batters boxes, foul lines, arc lines, on deck circles, coaches boxes, pitchers
circle and out of play lines.
24.07 Nail Dragging
These tasks shall be performed as needed, but at a minimum, weekly.
A. Nail drag. Water lightly to prevent dust. Using a nail drag, go over the entire field in
a tight circular pattern, loosening the top 1" to 2" of brick dust. Drag and prep the
field as normal. This needs to be done weekly or as needed, to keep the surfaces
firm enough for good footing but soft enough to prevent injuries from sliding.
City Attorney Approved Version 6/12/18
50
March 26, 2019 Item #4 Page 57 of 70
24.08 Infield and Outfield Turf Edging
These tasks shall be performed as needed, but at a minimum, weekly.
A. Edge infield turf with a mechanical edger, not to be a string trimmer. Remove all
clippings and turf growing between the edge line and the brick dust.
B. Water-blast or broom the brick dust out of the turf along the apron edge. Water-
blasting can only be done if there is sufficient time for drying .
25.00 SYNTHETIC TURF MAINTENANCE
25.01 General
A. CONTRACTOR shall provide complete synthetic turf maintenance utilizing high
quality devices to accomplish all work. All synthetic turf maintenance work
performed shall be in strict accordance with the manufacturers recommended field
care. CONTRACTOR shall be responsible for all cost of repairs/replacements due
to CONTRACTOR'S failure to provide proper maintenance.
B. CONTRACTOR shall utilize staff trained and qualified in all aspects of synthetic turf
maintenance.
C. CONTRACTOR shall be responsible for all costs associated with the normal
repair/replacement of materials, equipment and supplies to include and not limited to
replacing infill, cleaning products.
D. CONT ACTOR shall provide required specialized equipment and storage for
equipment required to maintain the synthetic turf fields to include: a mechanical
sweeper and a mechanical groomer.
25.02 Removal of Weeds and Moss
A. Weeds and/or moss at the interface between the synthetic grass and the perimeter
curb shall be treated as needed, but at a minimum, weekly, with a biodegradable
weed killer such as Round Up®. A 3-prong tool can be used to remove weeds and
moss from the affected areas. This should be done carefully so as not to tear the
backing and damage the fabric.
25.03 Removal of Stains and Fluids
A. Stains: CONTRACTOR shall safely remove as needed fluids and other stains from
the synthetic turf with a detergent that acts quickly to clean and decontaminate the
turf surface.
25.04 Maintaining the Infill
A. CONTRACTOR shall inspect the field as needed, but at a minimum, weekly, to
ensure proper infill height. The top of the infill should be at ½" below the tips of the
City Attorney Approved Version 6/12/18
51
March 26, 2019 Item #4 Page 58 of 70
fibers. Steps for replacing the displaced infill:
Step 1: Using a medium stiff bristle brush agitate the exposed fibers in the area
requiring infill. This will raise the exposed turf fibers into a vertical position.
Step 2: Provide and brush the infill into the turf by lightly agitating the fibers again
using a medium stiff, bristle brush.
Step 3: The top of the infill shall be at a level of½" below the tips of the exposed turf
fibers.
25.05 Sweeping
CONTRACTOR shall perform mechanical brushing of the turf as needed, but at a
minimum, weekly.
A. When brushing, the brushes should never penetrate the infill, just the top of the
fibers.
25.06 Raking
CONTRACTOR shall perform manual raking of the turf around all goal areas, high traffic
areas, and base paths, as needed, but at a minimum, weekly.
A. When raking, the plastic flexible rake penetrates the infill by½".
25.07 Grooming
CONTRACTOR shall perform mechanical grooming of the turf as needed, but at a
minimum,
monthly.
A. The brushes should never penetrate the infill, just the top of the fibers.
25.08 Treatments to Turf
A. Anti-Microbial and Water Sprays
1. CONTRACTOR shall quarterly apply an industrial anti-microbial spray cleaner,
as approved by CITY, for the control of bacteria on synthetic turf.
CONTRACTOR shall semi-annually apply a water spray rinse for the control of
dust on synthetic turf.
City Attorney Approved Version 6/12/18
52
March 26, 2019 Item #4 Page 59 of 70
26.00 MAINTENANCE MINIMUM FREQUENCIES
As a non-inclusive table of tasks required under this CONTRACT, the following maintenance
minimum frequencies shall apply to the referenced tasks:
lrri~ation Maintenance
Testinq 2
Turf Maintenance
Mowinq/Edainq 8
Weed Control 2
Clipping Removal 8
Fertilize 6
Aerate/Thatch 6
Visual Inspection 2
Planters & Ground Cover Maintenance dailv 1
Removinq Spent Blossoms 3 weekly 2
Trimminq 3 bi-weekly 3
Cultivate 3 monthly 4
Weed Control 2 bi-monthly 5
Fertilize 6 ouarterlv 6
Pest Control 8 semi-annually 7
Shrub Maintenance as needed 8
Weed Control 2
Trimminq 4
Fertilize 6
Pest Control 8
Tree Maintenance
Trimminq 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 ash, burned
charcoal, leftover food, etc.) 1
Drinkin~ Fountain Maintenance 1
Facilities & Eauioment Maintenance
Tot lots 1
Damaqed Bollards, Rails, Fencinq Repair/Replace. 8
Cleared of weeds, debris, and foreiqn objects 1
Raked 1
Tot lots Tilled 4
Inspections 1
Washing Picnic Tables and Benches 1
Cleaning Barbecues 1
Volleyball, Tennis and Basketball Courts 1
Infields Maintenance
Waterinq/Draqqinq/Sweepinq 1
Apron Edqinq/Broominq 2
Synthetic Turf Field Maintenance 2
City Attorney Approved Version 6/12/18
53
March 26, 2019 Item #4 Page 60 of 70
Appendix "A"
C cityof
Carlsbad
INTEGRATED PEST MANAGEMENT PLAN
NOV. 30, 2017
Parks & Recreation Department
Public Works Department
City Attorney Approved Version 6/12/18
54
March 26, 2019 Item #4 Page 61 of 70
Section I -Purpose
The purpose of this Integrated Pest Management (1PM) plan is to direct health conscious and
environmentally sensitive pest management strategies on city owned or controlled properties and
public rights of way, in accordance with applicable federal, state and local regulations.
Section II -Pol icy
The city will focus on the prevention and suppression of pest issues with the least impact on human
health, the environment, and non-target organisms. In particular, the use of chemical pesticides on city
owned or operated properties and public rights of way will be significantly reduced, according to these
guiding principles:
A. Emphasize the initial use of organic pesticides.
B. Limit the use of chemical pesticides where the general public congregates.
C. Use EPA level pesticides in a targeted manner, and only if deemed necessary by supervisory staff
-to protect public safety; to prevent a threat to sensitive species or native habitats; to assist in
meeting regulatory compliance requirements; or to prevent economic loss -when pests cannot
be managed by other tactics.
Section Ill -Goals
The goals of the 1PM plan are:
A. Protect human health and the surrounding environment by implementing a range of
preventative strategies, and using the least-toxic pesticides available for pest control and
eradication.
B. Monitor presence of pests on a routine basis to ensure the most effective (combination of) pest
control tactics are being used. Reference Section VI. E. 6.
C. Minimize the quantity of products used for pest management.
D. Use species-specific products for pest management and carefully target application areas.
E. Chemical pesticides shall only applied to: protect public safety; to prevent a threat to sensitive
species or native habitats; to assist in meeting regulatory compliance requirements; or to
prevent economic loss -when pests cannot be managed by other tactics.
F. Provide public notification signs at perimeter of outdoor areas or at entrances of buildings,
where chemical pesticides are to be applied.
City Attorney Approved Version 6/12/18
55
March 26, 2019 Item #4 Page 62 of 70
Section VI -Pest Control Tactics
Integrated Pest Management uses a variety of pest control tactics in a compatible manner that minimize
adverse effects to human health and the environment. A combination of several control tactics is usually
more effective in minimizing pest damage than any single control method. The type of control(s)
selected will likely vary on a case-by-case basis due to differing site conditions.
The primary pest control tactics to choose from include:
• Cultural
• Mechanical
• Environmental/Physical
• Biological
• Pesticide
A. Cultural Controls
Cultural controls are modifications of normal plant care activities that reduce or prevent pests. Cultural
control methods include adjusting the frequency and amount of irrigation, fertilization, and mowing
height. For example, spider mite infestations are worse on water-stressed plants; over-fertilization may
cause succulent growth which then encourages aphids; too low of a mowing height may thin turf and
allow weeds to become established.
B. Mechanical Controls
Mechanical control tactics involve the use of manual labor and machinery to reduce or eliminate pest
problems, such as handpicking, physical barriers, or machinery. Other examples include hoeing and
applying mulch to control weeds, using trap boards for snails and slugs, and use of traps for gophers.
C. Environmental/Physical Controls
The use of environmental/physical controls such as altering temperature, light, and humidity, can be
effective in controlling pests. Although in outdoor situations these tactics are difficult to use for most
pests, they can be effective in controlling birds and mammals if their habitat can be modified such that
they do not choose to live or roost in the area. Other examples include removing garbage in a timely
manner, and using netting or wire to prevent birds from roosting.
D. Biological Controls
Biological control practices use living organisms to reduce pest populations. These organisms are often
also referred to as beneficials, natural enemies or biocontrols. They act to keep pest populations low
enough to prevent significant economic damage. Biocontrols include pathogens, parasites, predators,
competitive species, and antagonistic organisms. Biocontrols can occur naturally or they can be
purchased and released.
City Attorney Approved Version 6/12/18
57
March 26, 2019 Item #4 Page 64 of 70
The most common organisms used for biological control in landscapes are predators, parasites,
pathogens and herbivores.
• Predators are organisms that eat their prey (e.g. Ladybugs)
• Parasites spend part or all of their life cycle associated with their host. Common parasites lay
their eggs in or on their host and then the eggs hatch, the larvae feed on the host, killing it (e.g.
tiny stingless wasps for aphids and whiteflies)
• Pathogens are microscopic organisms, such as bacteria, viruses, and fungi that cause diseases in
pest insects, mites, nematodes, or weeds (e.g. Bacillus thuringiensis or BT)
• Herbivores are insects or animals that feed on plants. These are effective for weed control.
Biocontrols for weeds eat seeds, leaves, or tunnel into plant stems (e.g., goats and some seed
and stem borers)
In order to conserve naturally occurring biocontrols, broad-spectrum pesticides should not be used since
the use of these types of pesticides may result in secondary pest outbreaks due to the mortality of
natural enemies that may be keeping other pests under control
E. Pesticide Controls
As defined in Ca lifornia Food and Agriculture Code Section 12753, "Pesticide" includes any of the
following: (a) any spray adjuvant; (b) any substance, or mixture of substances which is intended to be
used for defoliating plants, regulating plant growth or for preventing, destroying, repelling or mitigating
any pest...which may infest or be detrimental to vegetation, man, animals, or households, or be present
in any agricultural or nonagricultural environment whatsoever. The term pesticides includes organic
products and chemical products. Insecticides, herbicides, fungicides and rodenticides are all pesticides.
Pesticides may be used when other methods fail to provide adequate control of pests and before pest
populations cause unacceptable damage. When pesticides are to be used, considerations will be made
for how to apply them most effectively.
Pesticides that are broad-spectrum and persistent shall be avoided, since they can cause more
environmental damage and increase the likelihood of pesticide resistance. The overuse of pesticides
can cause beneficial organisms to be killed and pest resistance to develop. In addition, considerations
should be given to the proximity to water bodies, irrigation schedules, weather, etc., that may result in
the pesticide be ing moved off-site, into the environment.
1. Criteria for Selecting Treatment Strategies
Once the 1PM decision making process is in place and monitoring indicates that pest treatment is
needed, the choice of specific strategies can be made. Strategies will be chosen that are:
a) Least hazardous to human health
b) Least disruptive of natural controls in landscape situations
c) Least toxic to non-target organisms other than natural controls
d) Most likely to be permanent and prevent recurrence of the pest problem
e) Easiest to carry out safely and effectively
f) Most cost effective in the long term
g) Appropriate to the site and maintenance system
City Attorney Approved Version 6/12/18
58
March 26, 2019 Item #4 Page 65 of 70
2. Selection of Appropriate Pesticides
The following criteria will be used when selecting a pesticide:
a) Safety
b) Species specificity
c) Effectiveness
d) Endurance
e) Speed
f) Repellency
g) Cost
When selecting pesticides, supervisory staff will rely on advisement from State of California certified
pest control applicators, to ensure that the most appropriate pesticide is selected.
3. Prioritized Use of Pesticides
Pesticides are to be utilized in a prioritized approach on city properties as follows:
a) Organic pesticides to be used first, when pesticides are deemed necessary.
b) Pesticides registered with the California Department of Pesticide Regulations Registrations
Branch to be used as a protocol.
c) U.S. Environmental Protection Agency (EPA) Toxicity Category Ill "Caution" label pesticides to be
used in a targeted manner by a certified pest control applicator, and only if deemed necessary
by supervisory staff -to protect public safety; to prevent threats to sensitive species or native
habitats; to assist in meeting regulatory compliance requirements; or to prevent economic loss -
when pests cannot be managed by other tactics.
d) U.S. EPA Toxicity Category II "Warning" label pesticides to be used in a targeted manner by a
certified pest control applicator, and only if deemed necessary by supervisory staff -to protect
public safety; to prevent threats to sensitive species or native habitats; to assist in meeting
regulatory compliance requirements; or to prevent economic loss -when pests cannot be
managed by other tactics.
e) U.S. EPA Toxicity Category I "Danger" label pesticides, to be used in a targeted manner by a
certified pest control applicator, and only if deemed necessary by supervisory staff -to protect
public safety; to prevent threats to sensitive species or native habitats; to assist in meeting
regulatory compliance requirements; or to prevent economic loss -when pests cannot be
managed by other tactics.
4. Certification and Permitting
Restricted use pesticides shall only be applied by, or under the direct supervision of, an individual with a
State of California, Department of Pesticide Regulations, Qualified Applicators Certificate.
Pesticides listed as "restricted" in the State of California shall be applied only under a restricted
materials permit, issued by the San Diego County Department of Agriculture, Weights and Measures.
The permit must be renewed annually for continued application.
5. Employee Training
Staff and contractors must know the information on the chemical label and the MSDS before using or
handling the chemical. In addition, they will be trained annually and when a new pesticide is to be used.
City Attorney Approved Version 6/12/18
59
March 26, 2019 Item #4 Page 66 of 70
The certified pest control applicators must know:
6.
• The immediate and long-term health hazards posed by chemicals to be used, the common
symptoms of chemical poisoning, and the ways poisoning could occur; and
• The safe work practices to be followed, including the appropriate protective clothing,
equipment, mixing, transportation, storage, disposal and spill cleanup procedures applicable to
the chemical used
• In addition to the training and annual continuing education required for certification, staff will
be encouraged to participate in pesticide application programs that are above and beyond
minimum compliance requirements.
Record Keeping
Monitoring the effectiveness of the 1PM plan over time requires diligent tracking of several items: pest
populations and locations; management strategies employed; quantities and types of chemicals or other
products used; and the outcome of pest management activities. The certified pest control applicator is
responsible for maintaining, and submitting to the city as requested, records that include the following:
a) Target pest
b) Prevention and other non-chemical methods of control used
c) Type and quantity of pesticide used
d) Location of the pesticide application
e) Date of pesticide application
f) Name ofthe pesticide applicator
g) Application equipment used
h) Summary of results
7. Materials for Use -Least Toxic Pesticides
Pesticides are considered a secondary resort under the tenets of 1PM. This control strategy is to be used
on city owned or controlled properties and rights of way after general preventative practices and non-
chemical options -including organic pesticides -have been fully explored. Least-toxic pesticides meet
the following criteria:
a) Products contain no known, likely, or probable carcinogens -as listed by the CA Office of
Environmental Health Hazard Assessment.
b) Products contain no reproductive toxicants (CA Prop 65).
c) Products contain no items listed by the CA Department of Toxic Substance Control as known,
probable, or suspected endocrine disrupters
d) Active ingredients have soil half-life of thirty days or less.
e) Products are labeled as not toxic to fish, birds, bees, wildlife, or domestic animals.
City Attorney Approved Version 6/12/18
60
March 26, 2019 Item #4 Page 67 of 70
The term "least toxic" refers to pesticides that have low or no acute or chronic toxicity to humans, affect
a narrow range of species and are formulated to be applied in a manner that limits or eliminates
exposure of humans and other non-target organisms. Examples of least toxic pesticides include products
formulated as baits, pastes or gels that do not volatilize in the air and that utilize very small amounts of
the active ingredient pesticide, and microbial pesticides formulated from fungi, bacteria or viruses that
are toxic only to specific pest species but harmless to humans.
Least toxic pesticides include:
• Boric acid and disodium octobrate tetrahydrate
• Silica gels
• Diatomaceous earth
• Nonvolatile insect and rodent baits in tamper resistant containers
• Microbe based pesticides
• Pesticides made with essential oils (not including synthetic pyrethroids) without toxic synergists
• Materials for which the inert ingredients are nontoxic and disclosed.
The term least toxic pesticides does not include a pesticide that is:
8.
a) Determined by the U.S. EPA to be a possible, probable or known carcinogen, mutagen,
teratogen, reproductive toxin, developmental neurotoxin, endocrine disrupter or immune
system toxin.
b) A pesticide in the U.S. EPA's Toxicity Category I or II.
c) Any application of the pesticide using a broadcast spray, dust, tenting, or fogging application.
Notification Signs
Chemical pesticide application notification signs shall meet the following criteria:
a) Posted at perimeter of outdoor areas or at building entrances, where chemical pesticides are to
be applied.
b) Posted at least 24 hours prior to application of chemical pesticides and shall remain for at least
72 hours after the application.
c) Include "Notice -Pesticide Treated Area," and product's/manufacturer's name, scheduled date
of application, and pest to be controlled - e.g., weeds, insects, rodents.
9. Revisions
Staff will review this 1PM plan annually at minimum, and update it as needed.
City Attorney Approved Version 6/12/18
61
March 26, 2019 Item #4 Page 68 of 70
Item
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
Appendix "C"
CONTRACTOR'S PROPOSED COST OF SERVICE
CATEGORY C-COMMUNITY PARKS AND SCHOOL ATHLETIC FIELDS
Description PREVAILING WAGE
Mo. Subtotal Annual Total
Alga Norte Community Park $17,054.20 $204,650.40
Aviara Community Park $12,910.21 $154,922.52
Calavera Hills Community Park $8,660.24 $103,922.88
Chase Fields $1 ,434.76 $17,217.12
Pine Avenue Community Park $4,355.95 $52,271.40
Poinsettia Community Park $16,044.70 $192,536.40
Stagecoach Community Park $15,141.18 $181,694.16
Zone 5 Park $1,593.74 $19,124.88
Aviara Oaks Middle School $2,497.26 $29,967.12
Buena Vista Elementary School $1,381.77 $16,581 .24
Carlsbad High School $903.52 $10,842.24
Hope Elementary School $1,540.75 $18,489.00
Jefferson Elementary School $1,381 .77 $16,581.24
Kelly Elementary School $1 ,487.75 $17,853.00
La Costa Heights Elementary $1,860.02 $22,320.24 School
City Attorney Approved Version 6/12/18
62
March 26, 2019 Item #4 Page 69 of 70
C16 La Costa Meadows Elementary $2,444.26 $29,331.12 School/El Fuerte Park
C17 Magnolia Elementary School $2,124.99 $25,499.88
C18 Valley Middle School $4,516.26 $54,195.12
C19 *Extra Work Stipulated $200,000.00
Amt.
Annual
Grand Total $1,367,999.96
* Extra Work payments made to CONTRACTOR will be based on CONTRACTOR'S actual work
performed for CITY, consistent with the terms and conditions of the CONTRACT documents, and
may be different from the prices estimated above. Extra Work is not guaranteed.
In the event of a discrepancy between bid item prices and extended totals, the correctly extended
bid item prices shall govern.
Total amount of CONTRACTOR'S bid per CONTRACT year in words for Category "C" Prevailing Wage:
One million, three hundred sixty-seven thousand, nine-hundred ninety-nine dollars and ninety-six cents.
City Attorney Approved Version 6/12/18
63
March 26, 2019 Item #4 Page 70 of 70