HomeMy WebLinkAbout2021-07-13; City Council; Resolution 2021-163RESOLUTION NO. 2021-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING AN AGREEMENT FOR PARKS MAINTENANCE
SERVICES, WORK CATEGORY B — TREES, TO WEST COAST ARBORISTS,
INC. IN AN AMOUNT NOT TO EXCEED $1,224,898 PER YEAR, DURING
THE INITIAL TWO-YEAR TERM OF THE AGREEMENT
WHEREAS, the City Council of the City of Carlsbad, California has determined that accomplishing
parks maintenance services through best value determined vendors allows the Parks & Recreation
Department to receive high quality trees and grounds maintenance, without the need for the city to
increase internal staffing or purchase and maintain additional specialty equipment; and
WHEREAS, the department presently accomplishes approximately seventy-five percent of its
parks maintenance services through contract vendors; and
WHEREAS. on July 14, 2015, based on the results of Request for Bids (RFB) No. 15-03, Parks
Maintenance Services, the City Council awarded an agreement to West Coast Arborists, Inc. for Work
Category B — Trees; and
WHEREAS, the agreement was awarded for an initial two-year term, with two additional two-
year extension terms available; and
WHEREAS. the first two-year term extension was executed on June 9, 2017 and the second two-
year term extension was executed on Feb. 19, 2019; and
WHEREAS, with no remaining agreement extensions available, staff advertised a RFB for Parks
Maintenance Services, Work Category B - Trees (RFB No, 21-06) on April 6, 2021; and
WHEREAS, on May 20, 2021, only one bid was received in response to RFB No. 21-06; and
WHEREAS, the proposed agreement with West Coast Arborists, Inc. for Work Category B - Trees
reflects an increase of $335,023 in the annual not to exceed amount, over the current agreement; and
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WHEREAS, this increase is attributable to West Coast Arborists' increase in the hourly rates for
routine and after-hours emergency services over the rates from 2015, as well as 425,000 increase in
the city's stipulated amount for extra work services.; and
WHEREAS, the proposed agreement includes services for tree assets that correspond with four
operating budgets: Parks Maintenance, Trails Maintenance, Medians Maintenance and Street Trees
Maintenance; and
WHEREAS, sufficient funds are available in the Parks Maintenance operating budget and the
Trails Maintenance operating budget to address costs anticipated with the first year of the proposed
agreement; and
WHEREAS; additional appropriations of $30,000 to the Medians Maintenance operating budget
and $200,000 to the Street Trees Maintenance operating budget are needed to address the anticipated
costs associated with the first year of the proposed agreement; and
WHEREAS; due to the continuing deficit in Lighting and Landscape Maintenance District No. 1,
staff recommends that the additional appropriation of $200,000 to the Street Trees Maintenance
operating budget be accommodated by a transfer from the Parks Maintenance operating budget; and
WHEREAS; staff will continue to administer and manage the new agreement with West Coast
Arborists, Inc. throughout the length of its initial two-year term and any extension terms; and
WHEREAS, the City Planner has considered the potential environmental effects of this project
and has been determined it to be exempt from environmental review per CEQA Guidelines Section
15301(h) — maintenance of existing landscaping, including native growth, and that no exception to the
exemption as set forth in CEQA Guidelines section 15300.2 applies.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the Mayor is authorized and directed to execute the agreement with West Coast
Arborists, Inc. for Parks Maintenance Services, Scope of work Category B — Trees, in an
amount not-to-exceed $1,224,828 per year, during the initial two-year term of the
agreement, attached hereto as Attachment "A".
3.That the City Manager or designee is hereby authorized to execute amendments to
extend the agreement for up to two additional two year terms or parts thereof, in an
amount not to exceed $1,224,828 per year, which may be adjusted in accordance with
Section 5 of the agreement.
4.That the Deputy City Manager, Administrative Services, is authorized to appropriate
additional funds in the amounts of $30,000 to the Medians Maintenance operating
budget and $200,000 to the Street Trees Maintenance operating budget.
5.That the Deputy City Manager, Administrative Services, is authorized to transfer
$200,000 to the Street Trees Maintenance operating budget from the General Fund's
Parks Maintenance operating budget.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of July, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
July 13, 2021 Item #6 Page 8 of 48
AGREEMENT FOR PARKS MAINTENANCE SERVICES WORK CATEGORY B – TREES MAINTENANCE WEST COAST ARBORISTS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 20___, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and West Coast Arborists, Inc., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a private Contractor to perform Parks
Maintenance Services on the City’s Trees; and
B. Contractor has represented that Contractor possess the necessary qualifications and experience to provide the services required by 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 hereinafter 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 WORK City retains Contractor to perform, and Contractor agrees to render, those services that are defined in attached Exhibit "A" - Services, which is attached hereto and incorporated herein.
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 for a period of two years from the Effective Date. The City Manager may amend the Agreement to extend it for two additional two-year periods or parts thereof in an amount not to exceed one million two hundred twenty-four thousand eight hundred ninety-eight dollars ($1,224,898) per Agreement year. 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. 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.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION
The total not-to-exceed fee payable for the Services to be performed during the initial Agreement term will be two million four hundred forty-nine thousand seven hundred ninety-six dollars ($2,449,796). No other compensation for the Services will be allowed except for items covered
by subsequent amendments to this Agreement. Fees for subsequent amendments shall not exceed the amount, per Agreement year, set forth in Exhibit “B” – Compensation, which is attached hereto and incorporated herein.
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.
The City reserves the right to withhold a ten percent (10%) retention until City has accepted the Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in Appendix A, Section 3, Category A, Part I, Subsection 7.0 of this 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. 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. City shall have the
right to control Contractor only insofar as to the results of Contractor’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such Services. The persons used by Contractor to provide Services under this
Agreement will not be considered employees of City for any purposes. Except as City may express in writing, Contractor shall have no authority, expressed or implied,
to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind the City to any obligation whatsoever.
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7. 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. 8. SUBCONTRACTING Contractor shall not subcontract any portion of the Services unless Contractor expressly identified the name of the subcontractor and the exact services to be performed by subcontractor in its
response to City’s request for proposal. If these prerequisites have been fully complied with then Contractor shall obtain City’s written approval authorizing the subcontracting of that portion of the Services.
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 10.1 Defense, Indemnity and Hold Harmless. CONTRACTOR shall defend, indemnify and hold harmless the CITY, its present and former officers, directors, employees, agents, volunteers, mayor, staff, boards, committee and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses damages, sums or any other matters, threatened or presently asserted, including but limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert
fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions,
breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the actions, omissions to act, negligence, intentional conduct or other activities of CONTRACTOR and/or CONTRACTOR ’s officers,
agents, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives.
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10.2 Contractual Indemnity. To the fullest extent permitted under California law, CONTRACTOR shall indemnify, defend and hold harmless the Indemnified Parties from and
against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees
and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable, including but not limited to
CONTRACTOR’s officers, agents, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, including any and all actions, omissions to act, negligence, intentional conduct or other activities. Indemnification
shall include any claim that CONTRACTOR or CONTRACTOR’s employees or agents, are or may be considered and treated to be employees of the CITY or are entitled to any employee benefits from CITY, including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been actively or passively negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties.
10.3 Subcontractors and Indemnification. CONTRACTOR agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every subcontractor, sub consultant or other person or entity
involved by, for, with, or on behalf of CONTRACTOR in the performance of any aspect of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations, CONTRACTOR shall be fully responsible for each and every subcontractor, sub consultant or
other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the full
performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
10.4 City Lost or Damaged Property – Theft. CONTRACTOR further agrees to pay or cause to be paid for the Indemnified Parties’ benefit for any and all damage, fines or penalties,
or loss or theft to the property of the CITY arising out of or related in any way to the actions, omissions to act, negligence, intentional conduct or other CONTRACTOR activities and/or activities of CONTRACTOR’s officers, agents, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. CITY assumes no responsibility whatsoever for any property placed on the premises of CITY. CONTRACTOR further agrees to waive all rights of subrogation against the Indemnified Parties.
10.5 Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties
against the CONTRACTOR under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after CONTRACTOR begins the work and shall extend to claims arising after this Agreement is
performed or terminated, including a dispute as to the termination of CONTRACTOR. The indemnity obligations of Contractor shall continue until the claim against the CITY and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal.
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10.6 Limitations on Scope of Indemnity. Notwithstanding the foregoing, CONTRACTOR shall not be responsible for indemnification for claims or losses caused solely
by the negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties, and shall if required be reformed to be consistent with those laws to protect
and save this provision for the protection of CITY and Indemnified Party. 10.7 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.
10.8 These indemnification provisions are independent of and shall not in any way be limited by the insurance requirements of this Agreement. City approval of the insurance required by this Agreement does not in any way relieve the Consultant from liability under this section. 11. BEST MANAGEMENT PRACTICES For purposes of this Agreement, Best Management Practice (BMP) means: (1) A measure that is implemented to protect water quality and reduce the potential for pollution associated with
water runoff entering the City’s storm drains system, and (2) Any program, technology, process, siting criteria, operating method, measure, or device that controls, prevents, removes, or reduces such pollution.
Unless specifically noted otherwise, it is the responsibility of the Contractor to select, install and maintain appropriate BMPs while performing the Services in accordance with the terms and
conditions of this Agreement. It is the Contractor's responsibility to ensure that the BMPs are operational and working properly. Furthermore, the Contractor shall be held responsible for any citation and/or fine due to discharges or malfunctioning of the BMPs. BMPs shall be installed in
accordance with all industry recommended and recognized standards. If Contractor proposes to use a BMP that is not in accordance with recommended and recognized industry standard, Contractor shall obtain written approvals from the City prior to installation or use of non-industry
standard. 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 is 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
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cost of dust abatement measures as such cost is included in Contractor's bid. 13. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 13.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured. 13.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
“occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit. 13.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 13.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 13.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 13.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions: 13.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City. 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
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mail pursuant to the Notice provisions of this Agreement.
13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.
13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement.
13.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 14. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time.
15. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement. 16. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 17. PERSONNEL With respect to all persons employed or contracted by Contractor to perform Services under this Agreement, Contractor shall ensure that pre-employment or pre-contracting reference and background checks have been conducted on all personnel directly performing Services under this Agreement (which shall include but not be limited to, all such persons who shall come on to the premises at any City facility, or in any City park, or in any public rights-of-way, in the performance of their duties or tasks). Contractor shall be responsible for ensuring that federal, state and county of residence criminal background checks – via Livescan or equivalent means, as approved by the
City - are conducted on all personnel so employed or contracted, prior to their commencement of Services under this Agreement, and shall exclude from any direct participation in the performance of the Services any dishonest, dangerous, felon, or otherwise unqualified persons. In addition,
Contractor shall be responsible for ensuring that the aforementioned criminal background checks are annually renewed, prior to the anniversary date 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.
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City shall have the absolute right to review and disapprove any personnel assigned to perform
any of the Services required pursuant to this Agreement. City shall have the unrestricted right to order the removal 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.
Contractor shall remove any person from performing any Services to the City if said person is arrested and charged with either a misdemeanor or felony.
It shall be a breach of this Agreement to violate any provision of this section; and City may in its sole discretion and without being in breach of this Agreement, immediately terminate this Agreement. 18. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City.
19. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement. For City For Contractor
Name Tim Selke Name Victor Gonzalez
Title Parks Services Manager Title Vice President, Business Development
Department Parks & Recreation Address 2200 East Via Burton Street
City of Carlsbad Anaheim, CA 92806
Address 799 Pine Ave. Ste 200 Phone No. (714) 991-1900 Ext. 153
Carlsbad, CA 92008 Email vgonzalez@wcainc.com
Phone No. (760) 434-2857
Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 20. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories.
Yes No 21. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws,
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ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 22. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
23. DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement or the breach thereof for reasons other
than Section 15 above, and if said dispute cannot be settled through normal contract negotiations, the parties agree to first endeavor to settle the dispute in an amicable manner, using mandatory non-binding mediation under the Mediation Rules of the American Arbitration
Association or any other neutral organization or individual agreed upon, in writing, before having recourse in a court of law.
23.1 Mandatory Mediation Costs
The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the
mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. Each party shall be responsible for their/its own attorneys’ fees and costs.
23.2 Selection of Mediator
A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be subject matter knowledgeable of the Services required pursuant to this
Agreement and may be selected from lists furnished by the American Arbitration Association (AAA) or any other agreed upon mediator. To initiate mediation, the initiating party shall serve a Request for Mediation on the opposing party. If the mediator is selected from a list provided
by AAA, the initiating party shall concurrently file with AAA a “Request for Mediation” along with the appropriate fees; a copy of requested mediators marked in preference order, and, a preference for available dates.
If AAA is selected to coordinate the mediation (Administrator), within ten (10) working days from the receipt of the initiating party's Request for Mediation, the opposing party shall file the following: a copy of the list of the preferred Mediators listed in preference order, after striking any Mediators to which they have any factual objection, and, a preference for available dates.
If the parties agree not to use AAA, then a mutually agreed upon mediator, date and place for the mediation shall be agreed upon.
The Administrator will appoint or the parties shall agree upon the highest, mutually preferred, Mediator from the individual parties' lists who is available to serve within the designated time
frames.
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23.3 Conduct of Mediation Sessions
Mediation hearings will be conducted in an informal manner and discovery, including issuing
subpoena(s), will not be allowed.
All discussions, statements, or admissions shall be confidential to the proceedings and will not be used for any other purpose as it relates to the party's legal position. During the mediation,
the parties may agree to exchange any information they deem necessary. The parties may agree to exchange mediation briefs, but are not required to do so.
Both parties must have an authorized representative attend the mediation. Each representative
must have the authority to recommend entering into a settlement. Either party may have attorney(s), witnesses or expert(s) present. Either party may request a list of witnesses and notification whether attorney(s) will be present. Any resultant agreements from mediation shall be documented in writing. All mediation results and documentation, by themselves, shall be
“non-binding” and inadmissible for any purpose in any legal proceeding, unless such admission or resultant agreement is otherwise agreed upon, in writing, by both parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.
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;
July 13, 2021 Item #6 Page 18 of 48
F. Complete performance of the Services not terminated; and
G. If applicable, take any action that may be necessary, or that the City Manager or
designee may direct, for the protection and preservation of any property related to
this Agreement that is in the possession of the Contractor and in which the City has or may acquire an interest.
24.1.3 Removal of City Property. If applicable, the Contractor may request the City to remove or relocate any City property or enter into an agreement for its storage. Within sixty (60) days, the City will accept title of property, remove or relocate it, or enter into a
storage agreement.
24.1.4 Termination Settlement. After termination, the Contractor shall submit a final termination settlement proposal to the City in the form and with the certification prescribed by the City. The Contractor shall submit the proposal promptly, but no later than
sixty (60) days from the effective date of termination, unless extended, in writing, by the City upon written request of the Contractor within this sixty (60) day-period. However, if the City Manager determines that the facts justify it, a termination settlement proposal may be
received and acted on after sixty (60) days or any extension. If the Contractor fails to submit the proposal within the time allowed, the City may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due the Contractor as a result
of the termination and pay the amount determined. If the Contractor does not agree that the amount determined by the City is fair and reasonable, and if the Contractor gives notice of such disagreement to the City in accordance with Section 24.1.4 of the Agreement, within thirty (30) days of receipt of payment, then the amount due shall be as later determined by either mediation (Section 21 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 any 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
July 13, 2021 Item #6 Page 19 of 48
proposals under terminated contracts or subcontractors that are properly chargeable to the terminated portion of the Agreement if not included in
Subdivision 1, above;
3. A sum, as provided on Subdivision 1, above, determined by the City Manager or designee to be fair and reasonable under the circumstances;
however, if it appears that the Contractor would have sustained a loss on the entire Agreement, had it been completed, the City shall allow no profit under this Subdivision 3 and shall reduce the settlement to reflect the
indicated rate of loss.
C. The reasonable costs of settlement of the Services terminated, including:
1. Accounting, legal, clerical, and other expenses reasonably necessary for
the preparation of termination of settlement proposals and supporting data;
2. The termination and settlement of contracts and/or contractors (excluding the amounts of such settlements); and
3. Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of property in which the City has or may acquire an interest.
24.1.7 Arbitration of Payment. If the Contractor does not agree that the amount determined by the City Manager or designee under Section 24.1.6, above, is fair and reasonable, and if the Contractor gives notice of such disagreement to the City in accordance
with Section 22.1.4 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 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.
July 13, 2021 Item #6 Page 20 of 48
24.1.11 Partial Termination Payments. The City may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the
Contractor for the terminated portion of the Agreement if the City believes the total of these payments will not exceed the amount to which the Contractor will be entitled.
If the total payments exceed amounts finally determined to be due, the Contractor shall
repay the excess to the City upon demand, together with interest. Interest shall be at a rate of ten percent (10%) per annum compounded daily and shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid.
Interest shall not be charged on any excess payment due to a reduction in the Contractor's termination settlement proposal because of retention or disposition, or a later date determined by the City because of the circumstances.
24.1.12 Records and Documents Relating to Termination. Unless otherwise provided in the Agreement or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for three (3) years after final
settlement. This includes all books and other evidence bearing on the Contractor's costs and settlement. This includes all books and other evidence bearing on the Contractor's costs and expenses under this Agreement. The Contractor shall make these records and documents available to the City, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the City, photographs, microphotographs, and other authentic reproductions may be maintained instead of original records and documents.
24.2 Termination for Default
A. The City may, by written notice of default to the Contractor, terminate the whole, or any part of this Agreement based on Contractor’s default of any term or condition of this Agreement, provided that Contractor fails to cure such default within ten (10) days after receipt of such notice. The following are considered defaults:
(1) Failure to perform the services within the time specified; or
(2) Failure to perform any of the obligations of this Agreement, or to make progress in performance which may jeopardize full performance.
B. In the event the City terminates this Agreement based on default, in whole or in part, the City may procure, upon such terms and in such manner as the City may deem appropriate, like services from another vendor or source and Contractor shall be
liable to the City for any excess costs. The Contractor shall also continue performance to the extent not terminated.
24.3 Termination for Cause
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement, or the failure to perform Services as required pursuant to the terms
and conditions of this Agreement. Termination for cause shall be affected 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 the 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
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makes a general assignment for the benefit of creditors, the City may at its option and without further notice to or demand upon the Contractor, immediately terminate this
Agreement, and terminate each and every right of the Contractor, and any person claiming any rights by or through the Contractor. The rights and remedies of the City enumerated in this section are cumulative and shall not limit, waive, or deny any of
the City's rights under any other provision of this Agreement. Nor does this waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City.
24.5 Termination Based on Lack of Annual Appropriation of Funds
Multi-year agreements are subject to annual appropriation of funds by the City
Council. In the event sufficient funds are not appropriated for the next fiscal year, the Agreement may be terminated at the end of the current fiscal year. The City shall not be obligated to make further payments. In the event of termination or reduction of services, Contractor shall be compensated in accordance with Section 24.1 above. 25. WITHHOLD REMEDY AND LIQUIDATED DAMAGES
In addition to, and cumulative to all other remedies in law, at equity and provided under this Agreement, in the event Contractor is in material default of its duties or obligations under this Agreement and it fails to cure the default within twenty (20) days after receipt of written notice of default from City, City may, without waiving any other rights under this Agreement, elect to
withhold from the payments due to Contractor under this Agreement during the period beginning with the 16th day after Contractor's receipt of notice of default, and ending on the date that the default has been cured to the reasonable satisfaction of City, an amount that is in proportion to
the magnitude of the default or the Service that Contractor is not providing. Upon curing of the default by Contractor, City will cause the withheld payments to be paid to Contractor, without interest, and less any amounts to be set off as liquidated damages as provided in this Section.
Failure to cure a default within twenty (20) days after receipt of written notice of default from City shall entitle City to the payment by Contractor of liquidated damages in the amount of $2,000.00 per day. Contractor acknowledges and agrees that the liquidated damages assessed pursuant to
this Section shall be payable to City upon demand and may, at City's option, be set off against any monies due to Contractor under this Agreement and are reasonable, due to the difficulty in calculating exact damages, and under the circumstances existing as of the date this Agreement
is entered into. 26. ORDER OF PRECEDENCE In the event of any inconsistency between or among the Agreement, Exhibits, Request for Bids, Response to Request for Bids, 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, Appendix “D”
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27. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee. 28. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 29. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
30. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 31. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
///
/// ///
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32. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) Mayor
Patrick Mahoney, President
(print name/title)
ATTEST:
By:
(sign here) BARBARA ENGLESON
Richard Mahoney, Secretary City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups.
Group A Group B Chairman, Secretary,
President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: _____________________________ Deputy City Attorney
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Category A Section 3 – Scope of Work Overall – Applicable To Each Scope Of Work Category
PART I – GENERAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
2.0 REQUIRED CERTIFICATIONS/LICENSES
3.0 CONTRACTOR’S STAFF AND TRAINING
4.0 HOURS AND DAYS OF MAINTENANCE SERVICES
5.0 MAINTENANCE SCHEDULES
6.0 EXPANDED SCOPE OF CONTRACT
7.0 PAYMENT AND INVOICES
8.0 WORK BY OTHER FORCES
9.0 EXTRA WORK
10.0 EQUIPMENT
11.0 PERFORMANCE DURING INCLEMENT WEATHER
12.0 COMMUNICATIONS AND EMERGENCY RESPONSE
13.0 INSPECTIONS, MEETINGS AND REPORTS
14.0 DAMAGES CAUSED BY CONTRACTOR
15.0 ENFORCEMENT AND DEDUCTIONS
16.0 SAFETY
17.0 TRAFFIC CONTROL
18.0 NON-INTERFERENCE - NOISE
19.0 USE OF CHEMICALS
20.0 DISPOSAL
21.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
22.0 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
23.0 PROVISIONS FOR EMERGENCIES
24.0 RECORDS/REPORTS
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PART I GENERAL SPECIFICATIONS
1.00 GENERAL REQUIREMENTS
1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a
professional, workmanlike manner using quality equipment and materials.
1.02 CONTRACTOR is expected to have the appropriate staff and equipment available to perform all
portions of this CONTRACT within the given time frames.
CONTRACTOR shall clearly identify each piece of riding/driving equipment used at areas of service with decals, noting CONTRACTOR'S name (including logo), and phone number. 1.03 CONTRACTOR shall comply with the provisions of the Immigration Reform and Control Act of 1986, Public Law 99-603.
1.04 CONTRACTOR shall provide the labor, materials, equipment, tools, services and special skills necessary for the provision of parks maintenance services, except as otherwise specified hereinafter.
The premises shall be maintained to the highest of standards at no less than the minimum frequencies set forth herein.
1.05 CONTRACTOR shall employ only workers who are competent to perform the work assigned to them, and in the case of skilled labor, who are adequately trained and experienced in their respective trades and who do satisfactory work. Should the CITY notify CONTRACTOR that any person(s) employed by
CONTRACTOR is, in the CITY’S opinion, incompetent, unfaithful, or insufficiently skilled while on the work site, such person shall be immediately discharged from the work site and shall not be re-deployed thereon except with the written consent of CITY.
1.06 CONTRACTOR is hereby required to render and provide parks maintenance services as described in the Category of Section 3-Scope of Work.
1.07 Upon commencement of work under this CONTRACT, CONTRACTOR shall be fully equipped and
staffed; thoroughly familiar with CONTRACT requirements and prepared to provide all services required. 1.08 CONTRACTOR accepts the sites of services in their present physical condition and physical condition at time of CONTRACT award, and agrees to make no demands upon CITY for any improvements or alterations thereof.
1.09 CONTRACTOR shall, during the term of this CONTRACT, respond to all emergencies, to the satisfaction of CITY, within one (1) hour of notification.
1.10 CONTRACTOR shall perform a weekly maintenance inspection independently, and a monthly maintenance inspection jointly with CITY, during daylight hours of all areas within the scope of this CONTRACT. Such inspections shall be both visual and operational. It shall include operation of all irrigation systems to check for proper condition and reliability. CONTRACTOR shall take immediate
steps to correct any observed and/or operational irregularities, and submit a written report regarding identified irregularities to CITY.
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1.11 CONTRACTOR shall document and report to CITY all observations of: graffiti and other vandalism; illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential hazards, including without limitation, sidewalk hazards caused by trees or other means, within 2 hours of observation. 1.12 CONTRACTOR shall incorporate and comply with all applicable Storm Water pollution prevention Best Management Practices (BMPs) during the performance of this CONTRACT. All parks maintenance
services must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) municipal permit, City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP), and Carlsbad Municipal Code (CMC); RWQCB municipal permit and JURMP are on file with CITY.
Said permits and plans, as may be amended from time to time, are incorporated herein by reference. 1.13 CONTRACTOR shall indicate in their bid methods of compliance, equipment utilized to insure
compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of CITY, CONTRACTOR is not in compliance with this provision, CITY reserves the right to implement BMPs to the maximum extent practical, and deduct payment due or back charge
CONTRACTOR for implementation. 2.0 REQUIRED CERTIFICATIONS/LICENSES
2.01 CONTRACTOR shall have and maintain a valid State of California C-27 CONTRACTOR’S license throughout the term of this CONTRACT. License must be in good standing for the previous five (5)
consecutive years without any unresolved official record of complaints registered or filed with the Board or California Department of Consumer Affairs.
2.02 CONTRACTOR shall possess the most recent California Highway Patrol Commercial Vehicle
Inspection (BIT) report for all commercial equipment used throughout the term of this CONTRACT.
2.03 CONTRACTOR shall possess at least:
• International Society of Arboriculture (ISA) Tree Worker certification for all crew members who perform tree trimming.
• ISA Tree Worker certification for all Foremen of any crews that perform tree trimming.
2.04 CONTRACTOR shall possess at least:
• California Department of Pesticide Regulations (CDPR) Qualified Applicator certification for all crew members who perform pesticide applications.
• CDPR Qualified Applicator certification for all Foremen of any crews that perform pesticide applications.
3.0 CONTRACTOR'S STAFF AND TRAINING
3.01 CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the
specification set forth herein.
3.02 With respect to all persons employed or contracted by CONTRACTOR to perform Services under this CONTRACT, CONTRACTOR shall ensure that pre-employment or pre-contracting reference and 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
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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.
• 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.
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 For the purposes of this Section, a crew is understood to be any group of workers who service any tree, park, school athletic field, facility, streetscape, median, parkway, undeveloped park site, urban
forest, or trail area. The Foreman of each crew of CONTRACTOR’S employees (including subcontractors) shall be one of the individuals who speak the English language proficiently. 3.05 CITY may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR (including subcontractors) is, in the sole discretion of CITY,
detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with representatives of CITY to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure CITY that the
conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the public patronizing the premises. 3.06 CITY may at any time order any of CONTRACTOR’S personnel removed from the premises when, in
the sole discretion of CITY, said CONTRACTOR’S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of CITY or the public patronizing the premises. 3.07 CONTRACTOR shall require each of their personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with CONTRACTOR’S company name (including logo, if applicable), and employee name badges as approved by CITY. Sufficient
changes of attire shall be provided to present a neat and clean appearance of CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR’S personnel shall be equipped with proper shoes and other gear required by Cal-OSHA and other State safety regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near vehicular traffic.
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,
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who are CLCA Certified Landscape Technicians -Irrigation (CLT-I). These personnel shall be assigned to the category crew(s) and be fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment and repair.
4.00 HOURS AND DAYS OF MAINTENANCE SERVICES
4.01 The hours of maintenance service shall be 7:00 a.m. to 4:00 p.m. daily for all sites. No exceptions are approved, nor anticipated, by the CITY.
4.02 CONTRACTOR shall provide staffing to perform the required maintenance services during the prescribed hours seven (7) days per week. Any changes in the days of operation heretofore prescribed shall be subject to approval, in writing, by CITY.
4.03 CONTRACTOR is advised that any travel lane closures necessary, on major or arterial roads as defined by CITY, are subject to limited hours, except as approved, in writing, by CITY. No work, related
to a lane closure, including installation or removal of traffic control devices, may occur outside the hours of 8:30 a.m. and 3:30 p.m. daily on these roads. 4.04 The use of all power tools is prohibited daily between 7:00 p.m. and 7:00 a.m., except under emergency circumstances as approved by CITY. 5.00 MAINTENANCE SCHEDULES
5.01 CONTRACTOR will be provided the maximum latitude in establishing work schedules, which
correspond to its staff and equipment resources.
5.02 CONTRACTOR shall adhere to the tree pruning schedule as developed and provided by CITY, per Category of Section 3-Scope of Services including providing the staff and equipment that would be required to complete the project. 5.03 CONTRACTOR shall, within thirty (30) calendar days after CITY executes this CONTRACT, submit work schedules to CITY for review and written approval. Said work schedules shall identify required operations and delineate the time frames for performance, and shall be updated and submitted by CONTRACTOR to CITY on a quarterly basis thereafter.
6.00 EXPANDED SCOPE OF CONTRACT
6.01 CITY may award expanded work to CONTRACTOR, at the discretion of CITY. Expanded work will be awarded on a negotiated bid and acceptance basis, as when CITY determines it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for work shall be performed by negotiated agreement between CITY and CONTRACTOR or on a TIME AND MATERIALS basis in accordance with CONTRACTOR’S Proposed Cost of Services chart.
6.02 Prior to performing expanded work, CONTRACTOR shall prepare and submit a written proposal
including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of CONTRACTOR’S bid by CITY. This bid is subject to acceptance or negotiation by CITY.
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6.03 Expanded work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted.
7.00 PAYMENT AND INVOICES
7.01 CONTRACTOR shall present monthly invoices, for all Services performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in
the amount of the compensation to be paid by CITY for all Services rendered by CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all Services
performed during the preceding month has been inspected and accepted by CITY and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT.
7.02 Monthly invoices shall be prepared separately for areas of service, in the following format:
Invoice # – Facilities Landscapes Trees:
Location Account Number Monthly Cost
0014610-7550
TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Medians Trees:
Location Account Number Monthly Cost
1615024-7550
TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Streetscape and Parkways Trees:
Location Account Number Monthly Cost
0014610-7550
TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Parks and School Fields Trees:
Location Account Number Monthly Cost
0014610-7550
TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Urban Forests Trees:
Location Account Number Monthly Cost
0014610-7550
TOTAL MONTHLY COST $(AMOUNT)
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Invoice # – Trails Trees:
Location Account Number Monthly Cost
0014620-7550
TOTAL MONTHLY COST $(AMOUNT)
Invoice # – Extra Work Location Account Number Monthly Cost
TBD by City Request 0014610-7550 $(AMOUNT)
TOTAL MONTHLY COST $(AMOUNT)
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”. 7.03 In the event CITY transfers title or maintenance responsibility of the premises or a portion
thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of CITY, may be deleted from the premises to be maintained and the CONTRACT sum shall be reduced accordingly.
8.00 WORK BY OTHER FORCES
8.01 In the event that CITY determines that work requested is of an unknown duration, not easily
quantified or CONTRACTOR'S bid for work is not approved, CITY reserves the right to perform such work with other forces. 9.00 EXTRA WORK
9.01 Extra work shall be performed by CONTRACTOR or by competitive bid option at the discretion of CITY. CONTRACTOR may be asked to complete extra work outside of the
CONTRACT'S scope of work at the unit cost rates agreed to in this CONTRACT. If CITY
decides to give CONTRACTOR extra work, it will be awarded only with the following criteria:
• All regular/routine maintenance tasks are to be completed per schedule and to the satisfaction of CITY. • The extra work project bid prices are consistent with the unit cost(s) included in CONTRACTOR'S bid. The cost of any extra work required that exceeds $60,000 shall be competitively bid upon at CITY'S discretion.
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9.02 “Extra Work” may include, but is
not limited to:
• Removing debris from park backstop nets
• Removing, replacing plant material or other landscape amenities
• Irrigation retrofits or system enhancements
9.03 CITY may award extra work to CONTRACTOR, or to other forces, at the discretion of CITY. New or unforeseen work will be classified as extra work when CITY determines it is not covered by CONTRACT unit prices or is significantly different than CONTRACTOR’S
other work areas. 9.04 Prior to performing any extra work, CONTRACTOR shall prepare and submit a written bid
including a description of the work, a list of materials, and a schedule for completion. CITY may accept, reject or seek to negotiate the bid with CONTRACTOR. No extra work shall commence without written approval of CONTRACTOR’S bid by CITY.
9.05 Rental fees attributed to the extra work shall include rental time for machinery or equipment that is required, for extra work, plus move-in and/or move-out charges. All equipment shall be in good working order and be suitable for its purposes.
9.06 When a condition exists which CITY deems urgent, CITY may verbally authorize the extra work to be performed upon receiving a verbal estimate from CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, CONTRACTOR shall
submit a written estimate, consistent with the verbal authorization, to CITY for written approval. All extra work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted.
9.07 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.
July 13, 2021 Item #6 Page 32 of 48
11.00 PERFORMANCE DURING INCLEMENT WEATHER
11.01 During the periods when inclement weather hinders performance of the required work, CONTRACTOR may adjust its work force in order to accomplish those activities that are not affected by weather. 11.02 All drains and drainage conveyance devices on work sites shall be checked daily, at a
minimum, during inclement weather, and cleaned, as needed. 11.03 CONTRACTOR may be required during inclement weather to perform clean-up tasks as requested by CITY. CONTRACTOR'S labor hours shall not exceed the normal working hours without prior written approval by CITY. Any extra work is subject to the terms and conditions as stated in Section 7.03. 12.00 COMMUNICATIONS AND EMERGENCY RESPONSE
12.01 CONTRACTOR shall, during the term of this CONTRACT, maintain a single telephone
number, with a local San Diego region area code, at which CONTRACTOR or
CONTRACTOR’S responsible employee may be contacted at any time, twenty-four (24) hours per day, 7 days per week, to take the necessary action regarding all inquiries, complaints and the like, that may be received from CITY. For hours beyond the normal 7:00 a.m. to 4:00 p.m. business day, an answering service shall be considered an acceptable substitute for full time twenty-four hour coverage, provided that CONTRACTOR responds to
CITY by return call within thirty (30) minutes of CITY’S original call.
12.02 Whenever immediate action is required to prevent possible injury, death, or property
damage, CITY may, after reasonable attempt to notify CONTRACTOR, cause such action to be taken by alternate work forces and, as determined by CITY, charge the cost thereof to CONTRACTOR, or deduct such cost from any amount due to CONTRACTOR
including a fifteen percent (15%) markup for administrative costs. 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.
12.03 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. 12.04 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.
12.05 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.
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13.00 INSPECTIONS, MEETINGS AND REPORTS
13.01 CONTRACTOR and CITY shall inspect all sites on a monthly basis. CONTRACTOR shall bring its lists of problems and deficiencies along with schedules or proposals for correcting
these items to the monthly meetings. Safety issues are to be brought to the attention of CITY immediately.
13.02 CONTRACTOR and CITY shall meet weekly at minimum to review CONTRACTOR'S schedules and performance, resolve problems, and perform supplemental field inspections, as required. At the request of CITY, the owner or other executive officer of
CONTRACTOR shall be available to attend these meetings. 13.03 Irrigation inspections will occur within one (1) day of repair completion.
13.04 CITY reserves the right to perform inspections, including inspection of CONTRACTOR’S equipment, at any time for the purpose of verifying CONTRACTOR’S performance of
CONTRACT requirements and identifying deficiencies. 13.05 CONTRACTOR or an authorized representative shall meet with CITY on each site at the
discretion and convenience of CITY, for inspections.
13.06 At CITY’S request CONTRACTOR shall attend meetings, as determined by CITY, for
purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 13.07 CONTRACTOR shall provide to CITY such written documentation and/or regular reports as CITY deems necessary to verify and review CONTRACTOR'S performance under this
CONTRACT and to provide to CITY pertinent information relative to the maintenance, operation, and safety of the sites under this CONTRACT. This documentation shall include the field and office use of the CITY’s inspection software program. The CITY will provide the
CONTRACTOR with licensing or other access for this software program. 14.00 DAMAGES CAUSED BY CONTRACTOR
14.01 All damages incurred to sites under CONTRACT, by CONTRACTOR'S operation shall be repaired or replaced, by CONTRACTOR or by other forces (at the discretion of CITY), all at CONTRACTOR'S expense. 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.
14.02 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
July 13, 2021 Item #6 Page 34 of 48
amending and over seeding damaged areas. Major damage shall be corrected by removal and replacement of turf of like variety. Minor groundcover damage shall be corrected by
appropriate pruning. Major damage shall be corrected by removal of the old plant material and replacement with new plant material identical to the damaged plant material.
D. Adjacent Improvements: CONTRACTOR shall remove and replace all surface and hardscape
improvements damaged by its work to the satisfaction of CITY. All damaged improvements shall be replaced in accordance with CITY standards. CONTRACTOR shall be fully licensed for the type of repair work being performed or shall employ a subcontractor licensed in the
discipline required.
15.00 ENFORCEMENT AND DEDUCTIONS
15.01 CITY’S Parks Services Manager or designee shall be responsible for the enforcement of this CONTRACT on behalf of CITY.
15.02 CITY shall implement its Inspection Rating System to be used to verify monthly payments and deductions from payments. The Inspection Rating System is a method for approximating
how much work, if any, CONTRACTOR failed to perform or failed to perform to the standard required by the CONTRACT. This system may be modified at the discretion of CITY. CONTRACTOR agrees to be evaluated by said system and bound by the ratings and/or
deductions from payments indicated in the Inspection Rating System. To avoid deductions from payment of services for individual sites’ bid amounts, CONTRACTOR must receive a Total Rating of 95 - for the Technical Specifications applicable to the respective site of the
CONTRACT, and for the General Specifications of the CONTRACT. The Total Rating for each site shall represent the total percentage of the Technical Specifications and General Specifications in the CONTRACT that were met by CONTRACTOR during the preceding
month of service.
15.03 The parties agree that it will be impracticable or extremely difficult to ascertain the exact amount that should be deducted from payments should the CONTRACTOR fail to perform some of the work or fail to perform work to the standards required under the Technical
Specifications and General Specifications in the CONTRACT. The CONTRACTOR acknowledges and agrees that failure to complete or satisfactorily perform any of the recurring maintenance required under the Technical Specifications and General
Specifications in this CONTRACT constitutes a breach which cannot be cured or remedied. The parties agree that the Inspection Rating System provides a reasonable method for approximating the appropriate amount of deduction from payments each month. For any
month in which CONTRACTOR and the CITY cannot agree on the ratings or associated deductions under the Inspection Rating System, CITY reserves the right to assess liquidated damages as an alternative to the Inspection Rating System.
15.04 If in the judgment of CITY, CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, CITY, may, in addition to other remedies provided herein,
withhold the entire monthly payment, deduct pro-rata from CONTRACTOR'S invoice for work not performed to the standards required under the Technical Specifications and General Specifications in this CONTRACT, and/or deduct assessed liquidated damages. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to CONTRACTOR by CITY in a written notice. The monthly Inspection Rating System report shall constitute reason for deductions so imposed.
July 13, 2021 Item #6 Page 35 of 48
15.05 The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of CONTRACTOR to correct a deficiency. If after five (5)
days of notification from CITY, CONTRACTOR fails to correct deficiencies, CITY may correct any and all deficiencies using alternate forces. Any damages occurred as a result of CONTRACTOR failures shall be deducted from CITY'S payment to CONTRACTOR. The
total costs incurred by completion of the work by alternate forces will be deducted from the payment to CONTRACTOR.
16.00 SAFETY
16.01 CONTRACTOR agrees to perform all Services outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to
safely maintain stored equipment, machines, and materials or other hazards consequential or related to the Services; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of CITY, CONTRACTORS, members of the public or others from foreseeable injury, or damage to their property.
16.02 It shall be CONTRACTOR'S responsibility to inspect, and identify, any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring
thereon. CONTRACTOR shall immediately notify CITY of any unsafe condition that it observes which requires correction outside the scope of this CONTRACT. However, CONTRACTOR shall be responsible for making minor corrections including, but not limited
to; filling holes in ground, turf or paving; using barricades or traffic cones to alert patrons of the existence of hazards, including trip, slip or fall hazards; replacing valve box covers; and the like, so as to protect members of the public or others from injury.
16.03 CONTRACTOR shall notify CITY immediately of any occurrence on the premises of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written
report thereof to CITY within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with CITY in the investigation of any such occurrence. 17.00 TRAFFIC CONTROL
17.01 Prior to any work in the public right-of-way, CONTRACTOR shall submit documentation of
compliance with all applicable traffic control regulations. CONTRACTOR shall submit supplementary traffic control plans for unusual circumstances that are out of the ordinary for right-of-way maintenance. A traffic control system consists of closing traffic lanes or
pedestrian walkways in accordance with the details shown on the plans, and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California). The provisions in this section will not relieve CONTRACTOR from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. 17.02 When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation
adjacent to the traveled way shall be removed from the traveled way and shoulder at the end of the work period. If CONTRACTOR so elects, said components may be stored at selected central locations, if so approved in writing by CITY’S Traffic Engineer, within the limits of
rights-of-way.
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17.03 Bike lane closures should include work area warning signs for bicyclists, such as "bike lane closed ahead" and proper delineation for closure of the bike lane. If encroachment
into a traffic lane occurs, the lane should be closed with the above procedures for arterial
lane closures. 17.04 Whenever possible, park all maintenance vehicles and trailers off major arterial roadways
and park on cross streets that have less traffic or in CITY Park parking lots.
17.05 CONTRACTOR shall comply with all requirements of CITY’S Traffic Engineer or designee, and shall bear all costs of required traffic control including, but not limited to signs, cones,
markers, flagmen, etc. 18.00 NON-INTERFERENCE - NOISE
18.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.
18.02 In the event that CONTRACTOR’S operations must be performed when persons of the public are present, CONTRACTOR shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area. 18.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment operations. CONTRACTOR shall not use any power equipment prior to 7:00 a.m. or later than 7:00 p.m., except under emergency circumstances. Further, any schedule
of such operations may be modified by CITY in order to insure that the public is not unduly impacted by the noise created by such equipment. 19.00 USE OF PESTICIDES
19.01 All work involving the use of pesticides shall be in compliance with all federal, state and local laws and will be accomplished by or under the direction of a State of California Pest Control Qualified Applicator. 19.02 Chemical applications shall strictly conform to all governing regulations, including the City of Carlsbad Integrated Pest Management Plan, November 2017 (Appendix ‘A’). CONTRACTOR’S staff applying pesticides shall possess all required licenses and
certifications.
19.03 Records of all operations; including applicators names, stating dates, times, methods of
application, pesticide formulations, and weather conditions shall be made and retained according to governing regulations. 19.04 All pesticides requiring a special permit for use must be registered with the County Agricultural Commissioner's Office and a permit obtained. 19.05 Material Safety Data Sheets (MSDS) and sample labels shall be provided to CITY for all products and pesticides used within CITY. 19.06 CONTRACTOR shall prepare and submit a schedule to CITY detailing all proposed pesticide
July 13, 2021 Item #6 Page 37 of 48
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 8:00 a.m. Use of
City dumpsters will not be allowed. CITY shall not be responsible for any disposal of landscape debris, cuttings, weeds, leaves, trash or any other debris and CONTRACTOR shall be responsible to pay all disposal fees. 21.00 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
21.01 CONTRACTOR shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on CITY property. Any damage to said property deemed to be caused by CONTRACTOR'S neglect shall be corrected or
paid for by CONTRACTOR and at no cost to CITY. This will include loss of plant material due to improper or inadequate care. 21.02 If CITY requests or directs CONTRACTOR to perform work in a given area, it will be CONTRACTOR'S responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. CONTRACTOR shall take responsibility for
exercising caution when working in these areas. If CONTRACTOR damages utilities, it will be responsibility of CONTRACTOR to make the necessary repairs at their own expense.
July 13, 2021 Item #6 Page 38 of 48
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 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.
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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:
A. This report is due to CITY on a monthly basis with the following information:
• The sites from which the green waste and other recycling was removed.
• The weight of the green waste and other recycling removed.
• The name of the company that processed the green waste and other recycling.
• The amount of green waste reused in Carlsbad.
• The amount of green waste reused outside of Carlsbad.
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Category B
Trees Maintenance
PART I – GENERAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
2.0 TREES TO BE MAINTAINED
PART II – TECHNICAL SPECIFICATIONS
3.0 GENERAL REQUIREMENTS/SCOPE OF WORK
4.0 ANNUAL PRUNING PROGRAM
5.0 TREE MAINTENANCE
6.0 FACILITIES AND EQUIPMENT MAINTENANCE
7.0 PLANT MATERIALS
8.0 SERVICE REQUEST
July 13, 2021 Item #6 Page 41 of 48
PART I GENERAL SPECIFICATIONS
1.00 REQUIRED CERTIFICATES/LICENSES
1.01 CONTRACTOR shall have a valid State of California C-61/D49 CONTRACTOR’S License. Licenses 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.
1.02 CONTRACTOR shall possess OSHA certification of aerial equipment for aerial equipment to be
used throughout the term of this CONTRACT.
1.03 CONTRACTOR shall possess at least:
• ISA Arborist certification for one (1) member of each crew. Certified Arborist must be on site
during all tree maintenance operations.
• One (1) Arborist, available to perform services at any site in the CITY, within two (2) hours of
call-out by CITY or CONTRACTOR.
2.00 TREES TO BE MAINTAINED 2.01 The trees within community parks, school athletic fields, passive parks, facilities, streetscapes,
medians, parkways, urban forests, and trails areas are to be maintained under the provisions of this CONTRACT. City trees will be inspected/pruned a minimum of once every four (4) years, up to a maximum of once every six (6) months, dependent upon size, species, and location.
The project areas are in various locations throughout CITY; the pruning schedule is provided as an attachment to this document. CITY reserves the right to amend the schedule at its discretion.
2.02 CONTRACTOR acknowledges personal inspection of the trees within the community parks,
school athletic fields, passive parks, facilities, streetscapes, medians, parkways, urban forests, and trails areas, and has evaluated the extent to which the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the subject trees 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.
July 13, 2021 Item #6 Page 42 of 48
PART II TECHNICAL SPECIFICATIONS
3.00 GENERAL REQUIREMENTS/SCOPE OF WORK
3.01 It shall be understood that CONTRACTOR will be required to perform and complete the tree maintenance Services in a thorough and professional manner, and to provide labor, tools,
equipment, materials and supplies necessary to complete all the work in a timely manner that meets CITY’S requirements. CONTRACTOR will be required to perform the following tree maintenance activities at various project areas throughout CITY;
• Tree pruning
• Tree removal
• Tree planting
• Emergency response
• Line clearance pruning
• Traffic clearance pruning
• Tree watering
• Small tree care
• Palm trunk skinning
• Root pruning
• Specialty equipment rental
• Arborist consultation/inspection
• Hard copy and electronic data entry
• Tree inventorying and GIS mapping
• Online maintenance access*
* Online maintenance is defined as Internet access to an Urban Forestry Management tool that
includes work order tracking, ability to send work requests, including, but not limited to tree trimming, planting, and removal, access to reports for tree trimming, planting, and removal, and GPS accessibility for tree inventory services.
4.0 ANNUAL PRUNING PROGRAM
4.01 CONTRACTOR shall execute the annual pruning program provided by the CITY. Attachment A provides sample pruning schedules from which this program is generally based. The pruning program may require that more than one tree crew perform concurrently.
A. CONTRACTOR must use CITY’S tree inventory. The CITY will provide the inventory to the
CONTRACTOR in the Esri file geodatabase format(gdb).
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B. Finished inventory will be returned to the CITY electronically in the Esri file geodatabase format
(gdb).
C. CONTRACTOR will provide the prune date on each tree serviced in the current inventory.
D. CONTRACTOR will use tree IDs provided by the CITY when invoicing completed work. Tree
IDs will be provided by the CITY with the tree inventory
5.0 TREE MAINTENANCE 5.01 All pruning and tree tying shall conform to International Society of Arboriculture (I.S.A)
Standards. CONTRACTOR shall not allow any tree to be topped.
5.02 Clearance: Maintain trees to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways and at eight (8) feet above sidewalks.
Lower branching may be allowed for trees in background and ornamental areas. Prune plant materials where necessary to maintain access and safe vehicular visibility and clearance, and to prevent or eliminate hazardous conditions.
5.03 Tree pruning shall be performed with the intent of developing healthy, structurally sound trees with natural form and proportion, symmetrical appearance, and proper vertical and horizontal
clearance.
5.04 Where needed, tree stakes [two (2) per tree] shall be pentachlorophenol treated Lodge Pole Pine. Stakes shall be place vertically; 8 to 10 inches from the tree trunk; shall not rub against
any part of the tree during windy conditions; shall be tied using materials and methods that conform to I.S.A. Standards.
5.05 Tree ties shall be checked bi-weekly and either retied to prevent girdling or removed along with
the stakes when no longer required.
5.06 Periodic staking and tying shall be performed as needed.
5.07 All structural weaknesses such as split crotches or limbs, diseased or decayed limbs, or severe
damage shall be addressed and resolved upon detection by CONTRACTOR.
5.08 Remove dead shrubs and trees. CITY shall be notified 48 hours in advance of the removal of any tree, with the exception of a tree that poses an imminent safety hazard.
5.09 All trimmings and debris shall be removed and properly disposed of immediately.
5.10 CONTRACTOR shall replace trees whose trunks are significantly damaged by CONTRACTOR'S personnel with trees of equal size and specie at CONTRACTOR'S sole expense.
6.00 FACILITIES AND EQUIPMENT MAINTENANCE
6.01 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
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all times. These devices and BMPs shall be cleaned or replaced by Oct. 1 each year and as often as needed to fulfill their intended purpose, but at minimum semi-annually. CITY shall
provide or reimburse CONTRACTOR for materials that exceed $6000 per year, with CITY’S approval.
7.0 PLANT MATERIALS
7.01 Plant materials shall conform to the requirements of the site specific landscape plans on file with CITY, and to horticultural standards, as to variety, species, size, age, etc. 7.02 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.
7.03 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; Palms not candle shaped.
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.
7.04 Plant Materials Guarantee
CONTRACTOR shall replace, at no cost to CITY, any plant materials planted by CONTRACTOR under this CONTRACT which fail to establish, grow, live and remain in healthy
condition , regardless of the reason for said failure, as follows: A. All trees shall be guaranteed for one year from the date of acceptance of the job by CITY.
B. All shrubs shall be guaranteed for ninety (90) days from the date of acceptance of the job by CITY.
8.00 SERVICE REQUEST
8.01 CONTRACTOR shall complete all service requests for individual bid items within three (3) work days, unless otherwise directed by CITY.
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P AR K S M A I N T E N A N C E S ER VI C E S R EQ U ES T F OR B I D S # 21-06
CA R L S B A D, CA
Addendum 1
79 | P a g e
Addendum 1 to RFP 21-06 (Re-Bid)
CATEGORY B - TREE MAINTENANCE SERVICES
Bid Schedule A: Flat Rate Cost Per Pruning Zone
Bid
Item
#
Pruning Zone Flat Rate Cost
Per Tree Block
Pruning
Total Cost
Block Pruning
Flat Rate Cost
Per Tree
Supplemental
Pruning
Total Cost
Supplemental Pruning
B1 NW1 $$$$
B2 NW2 $$$$
B3 NW3 $ $$$
B4 NW4 $ $$$
B5 NW5 $$$$
B6 NW6 $ $$$
B7 NW7 $ $$$
B8 NW8 $ $$$
B9 NW9 $ $$$
B10 NW10 $ $$$ N/A
B11 NE1 $ $$$
B12 NE2 $ $$$
B13 SW1 $$$$
B14 SE1 $ $$$
B15 SE2 $ $$$
B16 SE3 $ $$$
B17 SE4 $ $$$
B18 SE5 $ $$$
B19 SE6 $ $$$
B20 PF1 $ $$$
B21 PF2 $ $$$
B22 PF3 $ $$$
B23 PF4 $$$$
B24 PF5 $ $$$
B25 PF6 $ $$$
B26 PF7 $ $$$
B27 MT1 $$$$
B28 MT2 $ $$$
B29 MT3 $ $$$
B30 MT4 $ $$$
B31 MT5 $ $$$ N/A
B32 MT6 $ $$$
B33 MT7 $ $$$
TOTAL COST $ $
ESTIMATED
ANNUAL COST
Total / 4 = $ Total / 2 = $
Total Cost
Supplemental Pruning
Flat Rate Cost
Per Tree
SupplementalSupplemental
Pruning
July 13, 2021 Item #6 Page 46 of 48
Bid Schedule B: Unit Costs
Item Description Each Unit $
B34
Tree Trimming (All Species Except Palms) 0” to 12” Diameter at Breast Height $_________ (Each)
B35
Tree Trimming (All Species Except Palms) >12” to 24”Diameter at Breast Height $_________ (Each)
B36
Tree Trimming (All Species Except Palms) >24” to 36”Diameter at Breast Height $_________ (Each)
B37
Tree Trimming (All Species Except Palms) >36” and overDiameter at Breast Height $_________ (Each)
B38
Tree Trimming (Palms) 0” to 12” Diameter at Breast Height $_________ (Each)
B39
Tree Trimming (Palms) >12” to 24”Diameter at Breast Height $_________ (Each)
B40
Tree Trimming (Palms) >24” and overDiameter at Breast Height $_________ (Each)
B41 Tree Double Staking (All Species) Including Stakes/Ties $_________ (Each)
B42 Tree Guying (All Species) Including Wire/Anchors $_________ (Per Lin. Foot)
B43
Tree Root
Pruning (All Species) Per Linear Foot $_________ (Per Lin. Foot)
B44
Tree Root Barrier Installation (Including 18” Bio Barrier or Approved Equivalent) $_________ (Per Lin. Foot)
B45
Tree Removal And Stump Grinding (All Species except Palms) 0” to 24” Diameter at Breast Height $_________ (Each)
B46
Tree Removal And Stump Grinding (All Species except Palms) >24”Diameter at Breast Height $_________ (Each)
140.00
220.00
340.00
640.00
140.00
140.00
240.00
25.00
35.00
35.00
35.00
840.00
1,940.00
July 13, 2021 Item #6 Page 47 of 48
B47 Stump Grinding Only (All Species) Per Diameter Inch $_________ (Per Dia. Inch)
B48
Tree Removal and Stump Grinding (Palms) 0” up to 24” Diameter at Breast Height $_________ (Each)
B49
Tree Removal and Stump Grinding (Palms) > 24”Diameter at Breast Height $_________ (Each)
B50
Scheduled Work Crew (3 Staff, Aerial Unit, Box Truck, Chipper, Chain Saws & Misc. Equipment) $_________ (Per Hour)
B51
Emergency Response and Specific Event Crew (3 Staff, Aerial Unit, Box Truck, Chipper, Chain Saws & Misc. Equipment) After Hours, Weekends & City Holidays $_________ (Each)
B52
Tree Planting (All Species) Including Tree, Tabs, Amendments & Stakes 15-Gallon Containers $_________ (Each)
B53
Tree Planting (All Species) Including Tree, Tabs, Amendments & Stakes 24” Box Container. $_________ (Each)
B54
Tree Planting (All Species) Including Tree, Tabs, Amendments & Stakes 36” Box Container $_________ (Each)
B55 Extra Work $75,000 Stipulated Amount
* Extra Work payments made to CONTRACTOR will be based on CONTRACTOR’S actual work performed forCITY, consistent with the terms and conditions of the CONTRACT documents, and may be different from theprices 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.
15.00
840.00
1,940.00
267.00
327.00
220.00
420.00
1,100.00
July 13, 2021 Item #6 Page 48 of 48