HomeMy WebLinkAbout FULL PACKET_2010-02-16 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
FEBRUARY 1, 2010
CLOSED SESSION MEETING
CALLED TO ORDER CITY HALL
20 CIVIC CENTER PLAZA, 8T" FLOOR
SANTA ANA, CA
5:20 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem (5:36
P.M.)
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO (5:27 P.M.)
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS -None
CLOSED SESSION ITEMS
1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54956.8.
Agency Negotiators: Personnel Services Executive Director, Kathie
Gonzalez
Employee Organizations: Santa Ana Service Employees International Union
(SEIU)
Santa Ana Management Association
Santa Ana Firemen's Benevolent Association
Santa Ana Police Officer's Association
Santa Ana Police Management Association
Santa Ana Fire Management Association
ADJOURNED 6:14 P.M.
CITY COUNCIL MINUTES 1 FEBRUARY 1, 2010
10A-1
REGULAR CITY COUNCIL MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
INVOCATION Gary Tucker, Police Chaplain
PRESENTATIONS
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Jeffrey H. Renck, Maintenance Worker II, Public
Works
• Carlos E. Rojas, Police Captain, Police Department
• Kitty Baker, Senior Office Assistant, Planning &
Building
25 YEARS OF SERVICE James L. Donnelly, Police Officer, Police
Department
• Terry M. Zlateff, Police Sergeant, Police Department
30 YEARS OF SERVICE .Roger A. Jones, Senior Librarian, Parks, Recreation
& Community Service
CITY COUNCIL MINUTES 2 FEBRUARY 1, 2010
10A-2
CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to 5t"
Battalion, 14t" Marines, 4t" Marine Division, Staff Sergeants Oscar I. Camarena and
Mario Perez for collecting and distributing over 100,000 toys for the Toys for Tots
program.
PROCLAMATION presented by COUNCILMEMBER BENAVIDES to Dr. DeVera Heard
in recognition of Black History Month.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to
Margarita Rosette, Principal of Cesar E. Chavez High School, for being selected as a
Golden Bell Award recipient.
CLOSED SESSION REPORT -None.
PUBLIC COMMENT ON AGENDA ITEMS
• Mike Tardiff spoke in opposition to the recommended action on Item 13C; and
• Alex Vega recounted a personal matter which occurred in the City over 17 years
ago.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 31A with the following modifications:
• Mayor Pro Tem Alvarez voted "no" on Item 19C and pulled Items 23A and 23B
for separate discussion.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent Motion.
CITY COUNCIL MINUTES 3 FEBRUARY 1, 2010
10A-3
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES OF THE REGULAR MEETING OF JANUARY 19, 2010 -Clerk
of the Council Office
MOTION: Approve Minutes.
BOARDS /COMMISSIONS /COMMITTEES
13A APPOINTMENT -HISTORIC RESOURCES COMMISSION -Clerk of the
Council Office
MOTION: Appoint Laurence Hitterdale (Ward 1 resident) to the
Historic Resources Commission nominated by Councilmember
Sarmiento as the Ward 1 representative for a term expiring December
4, 2012. (replacing P. Schaefer).
13B REAPPOINT SANTA ANA WORKFORCE INVESTMENT BOARD
MEMBERS -Community Development Agency
MOTION: Reappoint Benjamin Blank, Patricia Carter, John Didion,
Eduardo Figueroa, Bob Fischer, Tefere Gebre, Ana Jimenez-Hami,
Gregory Lewis, and Daniel Solkamans.
13C REMOVAL OF WARD 2 COMMISSION MEMBER FROM THE HISTORIC
RESOURCES COMMISSION -Clerk of the Council Office
Pursuant to Santa Ana Charter Section 901, a board or commission
member may be removed by the City Council by the affirmative votes of a
majority of the Council.
Continued from the January 19, 2010 City Council meeting by a vote of 6-
0 (Benavides absent).
MOTION: Remove the Ward 2 representative from the Historic
Resources Commission.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT -None.
19B EXCUSED ABSENCES - None.
CITY COUNCIL MINUTES 4 FEBRUARY 1, 2010
10A-4
19C DESTRUCTION OF OBSOLETE CITY RECORDS (City Manager's Office
and Finance and Management Services) -Clerk of the Council Office
MOTION: Approve the requests for the destruction of obsolete
records from various City departments in accordance with the
retention schedule outlined in City Council Resolution 2006-045.
*Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C
19D QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY
MANAGER -Finance & Management Services
MOTION: Receive and file the Quarterly Report of Contracts entered
into between October 1 2009 and December 31, 2009 valued at
$25,000 and less.
19E QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31,
2009 -Finance & Management Services
MOTION: Receive and file.
BUDGETARY MATTERS
SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22D)
22A SPEC. NO. 06-190 - ROCK, SAND AND AGGREGATE BASE
MATERIALS -Renew the contract with West Coast Sand & Gravel for a
one-year period in an annual amount not to exceed $50,000 (Public Works
Agency) -Finance & Management Services
22B SPEC. NO. 09-059 -WATERWORKS FITTINGS AND SUPPLIES -Award
contracts for cone-year period, with provision for four, one-year renewals
in the annual amounts as follows:
Vendor Location Amount
H.D. Supply Waterworks Santa Ana $35,000
S&J Supply Co., Inc Santa Fe Springs $30,000
CITY COUNCIL MINUTES 5 FEBRUARY 1, 2010
10A-5
22C SPEC. NO. 09-065 -LITERACY STATION LAPTOPS - Award a contract
to Advanced Workstations in Education, Inc. (AWE) in an amount of
$34,001.25 (Parks, Recreation., and Community Services Agency) -
Finance & Management Services
22D SPEC. NO. 08-059 -INSTALLATION OF VIDEO SECURITY SYSTEM -
Amend the contract with LDM Engineering Inc. in an amount not to exceed
$70,000 (Police Department) -Finance & Management Services
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD FOR MID CITY NEIGHBORHOOD
IMPROVEMENTS AND EDINGER AVENUE IMPROVEMENTS
(PROJECT NOS.10-7554 AND 07-7577) - (Community Development
Agency) -Public Works Agency
MOTION:
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid lump sum prices for the base
bid plus add-on alternate one in the estimated amount of
$1,310,298 for construction of Mid City Neighborhood
Improvements and Edinger Avenue Improvements.
2. Approve a Funding Analysis with a total estimated construction
cost of $1,764,768.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
23B CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR -PHASE 12
(PROJECT NO. 10-6718) -Public Works Agency
MOTION:
CITY COUNCIL MINUTES 6 FEBRUARY 1, 2010
10A-6
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid prices for the base bid plus
add-on alternate one in the estimated amount of $2,929,195 for
construction of Residential Street Repair -Phase 12.
2. Approve a Funding Analysis with a total estimated construction
cost of $3,515,000.
3. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 10-077 - Recognizing
unanticipated revenues and reimbursements from tenants at the
Santa Ana Regional Transportation Center in the amount of $76,950
in various revenue accounts and appropriating $76,950 to pay for
parking lot surface repairs.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
SPECIAL PRESENTATION -Congresswoman Loretta Sanchez updated the Council on
Congressional accomplishments related to the City of Santa Ana over the past year and
reviewed funding of various projects which impacted the community.
AGREEMENTS
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non-substantive
changes approved by the City Manager and City Attorney. (Item 25A
through 25F)
25A AGMTS - ON-CALL ENGINEERING SERVICES FOR WATER AND
SEWER PROJECTS - Execute a second amendment with the following
companies in an amount of $200,000 for each firm -Public Works Agency
• AGMT NO. 2010-010 -Tetra Tech, Inc.
• AGMT NO. 2010-011 - Psomas Engineering
CITY COUNCIL MINUTES 7 FEBRUARY 1, 2010
10A-7
25B AGMT NO. 2010-012 - WATER SYSTEM PROGRAMMING AND
ENGINEERING -With CPC Powertec, Inc. in an amount not-to-exceed
$55,000 -Public Works Agency
25C AGMT NO. 2010-013 -SEWER SYSTEM FATS, OILS AND GREASE
CONTROL PROGRAM SUPPORT - Execute an amendment with
Environmental Engineering and Contracting, Inc. for asix-month term in
an amount of $90,000 -Public Works Agency
25D AGMT NO. 2010-014 - EQUIPMENT, SOFTWARE, & TRAINING
SERVICES -Execute an amendment with Geospatial Technologies, Inc.
for $30,539, and a total contract amount not to exceed $355,045 -Police
Department
25E AGMT NO. 2010-015 - INMATE FOOD SERVICES - Execute an
amendment with Aramark Correctional Services, Inc. in an amount not to
exceed $1,433,835 for cone-year term -Police Department
25F AGMT NO. 2010-016 -UTILITY BILLING SOFTWARE MAINTENANCE -
Execute an amendement with Systems and Software, Inc. in an amount
not to exceed $129,000 with provision for two, one year renewals with an
annual increase not to exceed 4% -Finance & Management Services
25G AGMT NO. 2010-017 -VENDING TRUCK SERVICES AT THE DAN
YOUNG SOCCER COMPLEX -With Gisela's Mexican Food -Parks,
Recreation & Community Services Agency
MOTION:
1. Execute an agreement with Gisela's Mexican Food.
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 10-081 - Recognizing
projected revenue in the amount of $4,500 in the Recreation Special
Fees and Donations revenue account and appropriate the same to the
Recreation Special Fees and Donation expenditure account.
CITY COUNCIL MINUTES 8 FEBRUARY 1, 2010
10A-8
LAND USE MATTERS
CONDITIONAL USE PERMIT /VARIANCES
31A CONDITIONAL USE PERMIT NO. 2009-23 TO ALLOW A RETAIL
MARKET TO OPERATE BETWEEN 12:00 MIDNIGHT AND 5:00 A.M. AT
THE QWIK CORNER LIQUOR & CONVENIENCE STORE - 3960 S.
MAIN STREET, UNIT D -Planning and Building Agency
Recommended Action approved by the Planning Commission on January
11, 2010 by a 6-0 vote.
Applicant: Nadir Shounia
MOTION: Receive and file the staff report approving Conditional Use
Permit No 2009-23 as conditioned.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A ENTERPRISE ZONE EXPANSION APPLICATION - Community
Development Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2010-003 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE EXPANSION OF
THE ENTERPRISE ZONE
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 9 FEBRUARY 1, 2010
10A-9
PUBLIC HEARINGS
75A ORDINANCE AMENDMENT NO. 2009-02 TO AMEND CHAPTER 30 OF
THE SANTA ANA MUNICIPAL CODE TO ESTABLISH A NEW
APPLICATION FEE FOR THE PRIVATE PARTY NOMINATION OF
PROPERTIES OF THE SANTA ANA REGISTER OF HISTORICAL
PROPERTIES -Planning and Building Agency
Legal Notice published in the O.C. Reporter on October 23, 2009 and
October 28, 2009.
Continued from the November 2, 2009 City Council meeting by a vote of
7-0. Continued from the January 4, 2010 City Council meeting by a vote
of 7-0.
Staff presentation given by Jay Trevino, Executive Director of the Planning
and Building Agency.
The Mayor opened the Public Hearing; there was no written
communication received.
Public speakers Phil Chinn and Cynthia Ward spoke in opposition of the
ordinance related to an application fee to register historical properties.
The Mayor closed the Hearing.
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS-2802 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 30
OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE AN
APPLICATION AND APPEAL FEE TO BE CHARGED TO
APPLICANTS SEEKING TO ADD A PROPERTY TO THE CITY'S
REGISTER OF HISTORIC PLACES
2. Adopt a resolution.
RESOLUTION NO. 2010-004 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING AN
APPLICATION FEE FOR PROCESSING OF APPLICATIONS
SEEKING TO ADD A PROPERTY TO THE CITY'S REGISTER OF
HISTORIC PLACES
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento,
Tinajero, Pulido (6)
CITY COUNCIL MINUTES 10 FEBRUARY 1, 2010
10A-10
NOES: Benavides (1)
ABSTAIN: None (0)
ABSENT: None (0)
75B MODIFICATIONS TO VARIANCE NO. 2004-09 FOR THE PROOF BAR -
215 NORTH BROADWAY -JUSTIN REUTER AND JOEY MENDES,
APPLICANTS -Planning and Building Agency
At the January 4, 2010 City Council meeting this matter was set for Public
Hearing by a vote of 7-0.
Legal Notice published in the O.C. Reporter on January 22, 2010 and
notices mailed.
Staff presentation given by Jay Trevino, Executive Director of the Planning
and Building Agency.
The Mayor opened the Public Hearing; there was no written
communication received.
Public speakers Dirk Pitchell, Thomas Gordon, Sean Collidge, Joey
Mendes, Justin Renter and Aldofo Lopez spoke in support of the
resolution related to granting of modifications for the property at 215 North
Broadway.
The Mayor closed the Hearing.
MOTION: Adopt resolution with the following amended conditions:
8. An alcohol-pouring device used to control portions must be attached
to any champagne or distilled spirits when sold by the bottle.
Additionally, only qualified employees may pour drinks from this bottle
and the bottle may not remain at the patron's table.
29. The conditional use permit and variance shall be reviewed at 90 days,
six months, at one year and then annually thereafter by the Police
Department fir ~h., mn.~lifi~~~j
~ of ~r,r,rn„~~ to
determine compliance with all conditions of approval and other
requirements. Violations will result in the scheduling of revocation
proceedings for the conditional use permit and variance.
36. To ensure enforcement prohibiting underage drinking, the applicant
shall scan the ID of each patron into an ID scanner system prior to the
CITY COUNCIL MINUTES 11 FEBRUARY 1, 2010
10A-11
patron being granted entry into the premises, The ID scanner system
must be reviewed and approved by the Police Chief.
37. The rear doors into the alley shall be for emergency egress only and
shall be alarm equipped. This requirement shall be suspended for an
initial period of six (6) months to permit unrestricted access to the
alley by business patrons. This period of suspension may be
extended in six (6) months increments by the Police Chief and
Executive Director of Planning and Building if they find no adverse
impacts of such use.
RESOLUTION NO. 2010-005 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA GRANTING MODIFICATIONS TO
VARIANCE NO. 2004-09 FOR A TYPE 48 "PUBLIC PREMISES"
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 215 NORTH BROADWAY
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 9:04
P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 9:06 P.M.
COUNCIL RECONVENED WITH ALL MEMBERS PRESENT
COMMENTS
90A CITY MANAGER'S COMMENTS
City Manager, David Ream, commented on the upcoming 30t" anniversary
of the City's purchase of the Santora Building
90B CITY COUNCILMEMBER COMMENTS
Councilmember Tinajero
• Thanked staff for their efforts during the recent rain storms;
CITY COUNCIL MINUTES 12 FEBRUARY 1, 2010
10A-12
Congratulated the Police Department on the drop in the City crime rate
and thanked the leadership of the agency for their effort;
• Reminded all of the current baseball registration taking place
throughout the City at local parks.
Councilmember Benavides
• Invite the community to three events taking place in the community.
His monthly community hours at Jerome Park in the Senior Center
Saturday, February 6, 2010 from 9:00 a.m. to 2:00 p.m.; Black History
month celebration takes place Saturday, February 6, 2010 from 9:00
a.m. to 4:00 p.m. in the parking lot located at Civic Center and Flower
Street; "Memories of the 16t" President" takes place at 211 Civic
Center from 10:00 a.m. to 4:00 p.m., and there will be an Open House
for Kids Day;
Commended the Police Department and other agencies for their efforts
to keep neighborhoods safe.
Mayor Pro Tem Alvarez
• Wished all a Happy Valentine's Day and invited the community to
celebrate in downtown Santa Ana.
Councilmember Sarmiento
• Thanked the Executive Director of Community Development and staff
for their efforts to obtain $10 million in funds for the City's housing
programs;
• Asked staff to research the impact of the early-release of prisoners
program on the City of Santa Ana as well as level of offenders
released and drop-off points.
Councilmember Martinez
• Requested that we adjourned in memory of Jonathan Green, a Public
Works Agency employee, who passed away on January 27, 2010;
• Thanked the Executive Director of Community Development and staff
for their efforts in the economic redevelopment of the City and the
outreach done;
• Invited the community to the Black History Month celebration and
commented on a recent visit to the Brown Temple celebration of being
established in the City since 1974;
Commented on the Public Safety Committee's efforts to combat graffiti.
Requested more GIS data to target areas impacted by graffiti;
• Invited the public to apply for the Redistricting Commission before the
February 12, 2010 deadline at www.wedrawthelines.ca.gov
Councilmember Bustamante
Commented on the large amount of graffiti along the Bristol Street
Corridor and stated the area needs more attention especially for the
newly constructed block walls;
CITY COUNCIL MINUTES 13 FEBRUARY 1, 2010
10A-13
• Thanked staff for their efforts during the recent rain storms.
Mayor Pulido
Congratulated Councilmember Bustamante on the his recent
promotion as the Director of Orange County Facilities and
Administration for the County of Orange, overseeing all Orange County
facilities and over 500 employees;
Stated the next Council Meeting will be a Work Study Session to be
held in the Council Chamber on Tuesday, February 16, 2010;
• Adjourned in memory of Jonathan Green, a Public Works Agency
employee, who passed away on January 27, 2010.
ADJOURNMENT - 9:23 p.m. to the next meeting of the City Council is scheduled for
Tuesday, February 16, 2010 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Business Meeting in
the Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
In Memory of Jonathan Green
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 14 FEBRUARY 1, 2010
10A-14
REQUEST FOR . fi;
COUNCIL ACTION R-~°
e.
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
? As Recommended
SECOND READING - ORDINANCE AMENDMENT NO . ? As Amended
2 0 0 9 - 0 2 TO AMEND CHAPTER 3 0 OF THE SANTA ? Ordinance on 15` Reading
? Ordinance on 2"d Reading
ANA MUNICIPAL CODE TO ESTABLISH A NEW ? Implementing Resolution
APPLICATION FEE FOR THE PRIVATE PARTY ? Set Public Hearing For
NOMINATION OF PROPERTIES OF THE SANTA
ANA REGISTER OF HISTORICAL PROPERTIES
CONTINUED TO
/ - FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Place on second reading and adopt Ordinance Amendment No. 2009-02 to add
section 30-2.4 to the Santa Ana Municipal Code establishing a fee
requirement for private party applications to designate a building on the
Santa Ana Register of Historical Properties, or appeal to the City
Council.
DISCUSSION
i
On February 1, 2010 the City Council voted to approve an ordinance to
establish a new application fee for the voluntary listing of properties on
the Santa Ana Register of Historic Places and placed these new fees on the
Miscellaneous Fee Schedule. This is a second reading of the ordinance.
ENVIRONMENTAL IMPACT
This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act (CEQA). The establishment of this
fee is exempt from further review pursuant to Section 15061 (b) (3) This
exemption states that, "A project is exempt from CEQA if: The activity is
covered by the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. Where
it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the
activity is not subject to CEQA." The establishment of an application fee
to cover the costs of preparing the necessary reports and public review
11 A-1
Ordinance Second Reading
Ordinance Amendment No. 2009-02
February 16, 2010
Page 2
for the private party listing of a property on the Santa Ana Register of
Historical Properties will not result in the removal of any currently
listed properties from the Register, thereby creating no impact to
historic resources. In addition, the City of Santa Ana will not be
precluded from placing new properties on the Register as a result of the
establishment of this fee, thereby ensuring that there are no future
impacts to potential historic resources. Therefore, the establishment of
this fee meets the "General Rule" exemption pursuant to Section
15061 (b) (3) .
The establishment of this fee is also statutorily exempt from further
review pursuant to Section 15273(a)(1), which states that, "CEQA does not
apply to the establishment, modification, structuring restructuring, or
approval of rates, tolls, fares, and other charges by public agencies
which the public agency finds are for the purpose of: (1) Meeting
operating expenses, including employee wage rates and fringe benefits."
The methodology used to establish the fee for private party applications
to designate a building on the Santa Ana Register of Historical Properties
was based entirely on the direct and indirect costs to perform the work
necessary to prepare the documents needed for the listing. This cost is
entirely comprised of City operating expenses and staff time. This
methodology is in compliance with State regulations requiring that fees
not be in excess of the cost to provide service. Therefore, the
establishment of this fee meets the statutory exemption criteria pursuant
to Section 15273(a)(1) A Notice of Exemption will be filed for this
project .
FISCAL IMPACT
There is no fiscal impact associated with this action.
Jai Trevino
Executive Director
Planning & Building Agency
KH:rb
Rb\reports\Historic Registry Fee Second Reading.cc
11 A-2
ORDINANCE NO. NS-X~CX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 30 OF THE SANTA
ANA MUNICIPAL CODE TO AUTHORIZE AN APPLICATION
AND APPEAL FEE TO BE CHARGED TO APPLICANTS
SEEKING TO ADD A PROPERTY TO THE CITY'S
REGISTER OF HISTORIC PLACES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. Since the establishment of the City of Santa Ana Historic Register, staff
services required to place a private property on the Register have been
provided for free.
B. In the almost 10 years that the program has been in existence the City,
through a combination of City-initiated and self-nominated applications, has
added over 540 properties to the Historic Register.
C. Given the City's current and future projected budget status, the amount of
staff work required to place private properties on the Historic Register, and
the current inventory of properties already listed on the Register, staff
believes that it is now prudent to institute a fee for private party nominations
of properties to the City of Santa Ana Register of Historical Properties.
Section 2. Section 30-2.4 is added to Chapter 30 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 30-2.4. Same--Filing fees.
Every application under this chapter to designate a building, or part thereof,
structure, object or site for inclusion on the city register of historical
properties or appeal to the city council shall be accompanied by a filing fee.
No application shall be accepted for filing without the required fee, except
that all governmental agencies are exempt from the fee requirement. The
city council shall from time to time by resolution adopt a schedule of fees to
be charged, a copy of which shall be maintained in the office of the planning
department.
11 A-3
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of 2010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
11 A-4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS- to be the original ordinance adopted by the City Council of the
City of Santa Ana on ,and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 A-5
11 A-6
REQUEST FOR m-~
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
APPROVED
TITLE:
? As Recommended
APPROPRIATION ADJUSTMENT FOR ? As Amended
WORKFORCE INVESTMENT ACT ? Ordinance on 1S' Reading
? Ordinance on 2"d Reading
CALIFORNIA NEW START GRANT ? Implementing Resolution
? Set Public Hearing For
1 CONTINUED TO
r-^----'~ FILE NUMBER ~
CITY MANAGER
RECOMMENDED ACTION
Approve an appropriation adjustment recognizing $109,519 in Workforce
Investment Act funds awarded to the Santa Ana WORK Center by the State of
California Employment Development Department for a Prison-to-Employment
Program.
DISCUSSION
In 2007, the Public Safety and Offender Rehabilitation Services Act of
2007 was enacted to reform California's prison system by reducing prison
overcrowding and increasing rehabilitation programming. Among its
provisions, the Act required California Department of Corrections and
Rehabilitation (CDCR) to develop an Inmate Treatment and Prison-to-
Employment Plan.
CDCR developed a partnership with the California Workforce Investment
Board and the Employment Development Department to utilize California's
One-Stop system to enhance the employability of parolees. On November
16, 2009, Council approved an original allocation of $62,742 to provide
services to parolees, including job search activities and supportive
services. Staff has been participating in offsite meetings on a monthly
basis with the local Parole and Community Team (PACT). PACT is composed
of parole officers and other community service workers whose focus is to
provide a range of resources and services to assist parolees in their
effort to reintegrate into the community.
On November 19, 2009 the City was notified that an additional $109,519
had been awarded. As a result of the new funding, staff anticipates
serving 20 additional participants and will enhance the program by
20A-1
AA WIA California New Start Grant
February 16, 2010
Page 2
incorporating a work experience component to the program. The funding
for this program will terminate on September 30, 2010.
FISCAL IMPACT
Funds for this program are available in the California New Start account
(no. 12318759 - various).
APPROVED AS TO FUNDS AND ACCOUNTS:
t~.Cynthia Nelson Francisco Gutierrez
Deputy City Manager for Executive Director
Development Services Finance & Management Services Agency
Community Development Agency
CJN/LS/BG/kg
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
? As Recommended
WORKFORCE INVESTMENT ACT ? As Amended Sc
? Ordinance on 1 Reading
FORMULA YOUTH FUNDS ? Ordinance on 2nd Reading
FOR PY 2 0 0 9 -10 ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
i' : `
° ~ s FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute
agreements with the following youth program operators as recommended by
the Santa Ana Workforce Investment Board and Santa Ana Youth Council,
subject to non-substantive changes approved by the City Manager and City
Attorney:
a) Taller San Jose in partnership with Orange County Conservation
Corps to provide paid training for solar panel installation and
weatherization, paid job shadowing and on-the-job training and
placement for twenty Out-of-School youth in the amount of
$127,341.
b) Orange County Conservation Corps in partnership with Taller San
Jose to provide the services listed above, in the amount of
$161,643.
c) The Cambodian Family to provide employment services, tutoring,
education services, paid and unpaid work experience, internships,
job shadowing, leadership development, adult mentoring and
placement for sixteen Out-of-School youth for a total of $87,392.
d) The Bridge to provide tutoring, alternative/secondary school
services, occupational skills training, work experience,
leadership development, adult mentoring and placement for twenty
Out-of-School youth for a total of $96,000.
25A-1
WIA Formula Youth Funds for PY 2009-10
February 16, 2010
Page 2
WORKFORCE INVESTMENT BOARD RECOMMENDATION
At its regular meeting of January 15, 2010, by a vote of 15:1:1,
(Blanke, Beasley, Conway, Didion, Gebre, Jimenez-Hami, Korthuis, Lin,
Martinez, Metzler, Nazeri, Pina absent), the Workforce Investment Board
recommended that the City Council approve and authorize the City Manager
and Clerk of the Council to execute contracts with the youth program
operators listed above.
YOUTH COUNCIL ACTION
At its special meeting of December 17, 2009, by a vote of 9:0, with 2
abstentions (Avila, Carter, Diaz, Dobos and Martinez absent and Elizondo
and Smith abstained) the Youth Council voted to approve funding
recommendations with the following proposed Youth Program Operators for
round two distribution of unallocated Program Year 2009-10 funds for a
total of $472,376:
a. Taller San Jose - $127,341
b. Orange County Conservation Corps - $161,643
c. The Cambodian Family - $87,392
d. The Bridge - $96,000
DISCUSSION
Under the Workforce Investment Act (WIA), the Santa Ana Workforce
Investment Board and its Youth Council are required to procure qualified
youth program operators who will provide WIA-allowable services to Santa
Ana's low income youth and to ensure at least eighty percent of the
available funds are obligated. Unallocated funds from Program Year 2008-
09 and 2009-10 have been identified by staff.
On October 28, 2009, the RFP was released and four proposals were
submitted for funding consideration. In December, the RFP Review
Committee interviewed the four proposers and finalized their funding
recommendations.
These funding recommendations take into account the WIA requirement to
ensure at least thirty percent of the youth funds are spent on Out-of-
School Youth and the Youth Council's commitment to serve low income
youth as outlined by the Department of Labor's New Strategic Vision for
the Delivery of Youth Services under the Workforce Investment Act. These
recommendations are necessary to ensure that at least eighty percent of
25A-2
WIA Formula Youth Funds for PY 2009-10
February 16, 2010
Page 3
the available youth funds are obligated, as required by the Act. The
recommended action presented to the Workforce Investment Board
contained a clerical error which misstated the contract award amounts
approved by the Youth Council. The WIB did vote and approve to award
contracts to the four youth operators. The award amounts have been
corrected and reflected in the above recommended action.
FISCAL IMPACT
Funds for these contracts are available in the Workforce Investment Act
Youth accounts (account no. 12318722-69135 and account no. 12318750-
69135) .
APPROVED AS TO FUNDS AND ACCOUNTS:
~~,Cynthia Nelson Francisco Gutierrez
Deputy 'ty Manager for Executive Director
Development Services Finance & Management Services Agency
Community Development Agency
CJN/LS/DS/kg
25A-3
2 5A-4
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
Contract No.
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this by and between
the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California ("CITY") and
("CONTRACTOR").
W-I-T-N-E-S-S-E-T-H
Recitals:
A. CITY has been designated a Local Workforce Investment Area (LWIA) under
the Workforce Investment Act of 1998, Public Law 105-220 ("the Act").
B. The State of California has created the LWIA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to
prepare economically disadvantaged youths for entry into the labor market and to provide basic skills
development to those individuals who are economically disadvantaged or otherwise face serious
barriers to succeeding in life. One goal of California's Workforce Investment System is to provide
youth with the opportunities to achieve career goals that will allow them to successfully compete in the
labor market and prepare them for higher education.
D. CONTRACTOR is experienced in operating education, occupational
development and employment programs for economically disadvantaged youths for entry into the labor
market ("said program").
E. CONTRACTOR is willing to operate said program pursuant to the Act and
California law.
WHEREFORE, for and in consideration of the respective and mutual covenants and
promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
25A-5 Page 1 of 15
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I.
CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated
herein:
CONTRACTOR'S failure to provide said services maybe grounds for CITY to readjust
the level of payment to CONTRACTOR otherwise provided for hereinafter.
B. CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ("participants") in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law 105-220.
C. CONTRACTOR agrees to perform the services set forth herein in a professional,
timely and diligent manner.
D. CONTRACTOR shall provide wages and benefits to individuals who participate
in the activities and services funded by this Agreement ("participants") in accordance with the
standards and requirements of the Act, including Section 181 of the Act.
E. CONTRACTOR shall adhere to the Labor Standards described in the Act
including Section 181 of the Act.
F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under
the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR
§667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under
the Act and the procedures for resolution of any complaints. CITY's procedures for handling
i n of the Act re ulations ants or other a eements under the Act shall
com laints alle in a violat o
P g g g
be followed and any decision of CITY, the State or the federal government relating to the complaint
shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate
a grievance system that incorporates CITY's procedures for resolution of complaints relating to the
terms and conditions of employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity
provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the
requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of
the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended;
the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and
with all applicable requirements imposed by or pursuant to regulations implementing those laws,
including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and
CITY have the right to seek judicial enforcement of th~i+s assurance.
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H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
I. CONTRACTOR agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or
require regarding the performance of CONTRACTOR'S services or activities, costs or other data,
including but not limited to, participants' attendance, payroll records and job duty statements.
CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative
Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce
Investment Act Application form (WIA EWIR) and supporting documents within 45 days of
application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE)
within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of the
begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form
(WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT)
within 15 days of completion/termination of active enrollment of trainee; and the Workforce
Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60,
90,180, 270, and 360 days of exit.
CITY, the State of California and the United States government and/or their
representatives shall have access for purposes of monitoring, auditing and examining of
CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR
subcontractors, bookkeepers and accountants, and employees and participants related to this
Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion.
Monitoring activities may also include, but are not limited to, questioning employees and participants
and entering any premises or onto any site in which any of the services or activities funded hereunder
are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or state
law.
In the event CONTRACTOR does not make the above-referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to all costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at the location where CONTRACTOR
conducted the program, as well as in the County of Orange, for the duration of this Agreement and
thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints,
claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b)
costs and expenses of this Agreement to which CITY, the State of California or the United States
Government take exception, shall be retained beyond the three (3) years until resolution of disposition
of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
25A-7 Page 3 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
Government or their representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on
CITY's Invoice/Voucher form, showing in detail the amount of money already expended by
CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be
supported by such source documentation such as cancelled checks, paid bills, payrolls, time and
attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)].
CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000
East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month
following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail
to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving
CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY
excess revenues over costs or use such excess revenues as program income by utilizing such program
income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
M. CONTRACTOR shall arrange independently for an audit that includes WIA
funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A-
133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days
after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these
requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend
additional grant funds.
N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Government",
Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and
executive orders and their implementing regulations, including regulations at 29 CFR Part 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to
performing any of its obligations under this AgreemeQnt and prior to any obligation arising on the part
25A-8 Page 4 of 15
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of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
Q. CONTRACTOR agrees to provide adrug-free work place and to execute a
certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
R. CONTRACTOR, in accordance with the Child Support Compliance Act,
recognizes and acknowledges the importance of child and family support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assigrunent orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
T. CONTRACTOR agrees to provide priority of services for veterans and eligible
spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans
and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act
published at 73 Fed.Reg. 78132 on December 19, 2008.
II.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds
are received under the provisions of the Act a sum not to exceed $ for CONTRACTOR'S
performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period
of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR
as provided hereinabove.
B. CITY agrees to provide for on-site monitoring reviews of said
program operation at least twice annually. In addition, monthly desk-top reviews of pertinent
information will be conducted.
C. CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on 20 and all duties
arising under this Agreement shall have been performed by , 20_ .The term of this
Agreement may be extended by a writing executed by the Deputy City Manager for Development
Services and the City Attorney.
25A-9 Page 5 of 15
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IV.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow the City
to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any
other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer.
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with all applicable
federal and state laws and regulations, including, but not limited to the Performance Standards
(Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC
Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and
regulations, including amendments or revisions made during the terms of this Agreement. Said
applicable laws are hereby incorporated by reference and made as part of this Agreement as though
fully set forth herein.
B. CONTRACTOR also assures and certifies that:
1. CONTRACTOR acknowledges and confirms that the U.S. Department
of Labor has established three (3) common measures for youth: (a) Placement in employment or
education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to
the Summer Youth Program, the only measure is "Work Readiness". Pending WIA reauthorization
and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall
meet any additional performance measures that may be subsequently required by the Workforce
Investment Act or by any other Federal, State, and local law.
2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of
1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race,
color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the
2 5A- ~ 0 Page 6 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
benefits of, or be otherwise subjected to discrimination under this Agreement.
3. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
4. CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
5. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as well
as the WIB Administrative Office, access to and the right to examine all records, books, papers or
documents relating to the accounting and use of funds under this Agreement for athree-year period
from and after the effective date of this Agreement.
6. No person with responsibilities in the operation of any program under the
Act shall discriminate with respect to any program participant or any application for participation in
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
7. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
8. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
9. EQUAL OPPORTUNITY. Any literature distributed by
CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its
programs under this Agreement shall state that its programs are supported by the City of Santa Ana and
the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity
employer/program" and that "auxiliary aids and services are available upon request to individuals with
disabilities."
10. Based on the population eligible to be served, or likely to be
directly affected by the WIA program or activity, the services or information may need to be provided
in a language other than English in order to allow such population to be effectively informed about or
able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take
reasonable steps to provide services and information in appropriate languages after considering the
scope of the program or activity, and the size and concentration of the population that needs services or
information in a language other than English.
11. CONTRACTOR certifies that all property, finished or unfinished
documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of
in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the
CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this
Agreement, will be limited to use within the activities outlined in this agreement and will remain the
property of the United States Government and/or CITY. Upon termination of this Agreement,
CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
12. CONTRACTOR certifies that this Agreement does not provide for the
2 5A-11 Page 7 of 15
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advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
Constitution of the State of California, regarding separation of church and state.
13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will
transfer all pertinent information, specifications and right, title and interest to the designated agency.
14. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or
agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall
report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
and the DOL and its representative on these matters, the DOL shall determine whether to seek
protection on the invention or discovery. The DOL and its representative shall determine how the
rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
and administered in order to protect the public interest consistent with the "Governmental Patent
Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
1971, and Statement of Government Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright-
able material is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to permit others to do so. The
CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for Federal Goverrunent purposes:
(a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or
subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases
ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29
CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement.
15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder
exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC
1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and
2 5A- ~ ~ Page 8 of 15
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Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be
hereafter amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the
Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EPA List of
Violating Facilities;
(c) It will notify the CITY and the EPA about any known violation of the above laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two years following the termination of such employment.
3. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involvin C~personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a
permanent record of the transaction will be retained.
5. Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased
with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No
voting member of the WIB will cast a vote on the provision of services or vote on any matter which
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
2 5A-13 Page 9 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to
comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109-149, Section 7013.
VII.
HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
employees or subcontractors.
B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits,
actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
CONTRACTOR, its employees or subcontractors.
VIII.
INSURANCE
1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
endorsed to provide to CITY and to the State of California, Employment Development Department, at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
and volunteers, and the State of California, its officers, employees, and volunteers as additional
insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
California and CITY. Governmental entities may substitute a certificate of self-insurance.
2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned/leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
agents as self-certification of automobile insurance coverage. Governmental entities may substitute a
certificate of self-insurance.
2 5A-14 Page 10 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self-insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
IX.
CORPORATE STATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671.
2. All applicable State statutes, regulations, policies, procedures and directives;
2 5A-15 Page 11 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with
such or will notify CITY after enactment or modification that it cannot so comply. CITY may
thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains
all the covenants and agreements between the parties with respect to such employment. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify
CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant.
B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations
hereunder, CITY may declare a default and termination of this Agreement by written notice to
2 5A-16 Page 12 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is
to be not less than ten (10) days after certified mailing or personal service of such notice, unless such
default is cured before the effective date of termination stated in such notice. If terminated for cause,
CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the
termination thereof, including the payment of money, except for payment for approved expenses incurred
for services satisfactorily and timely performed prior to the mailing or service of the notice of termination,
and except for reimbursement of (1) any payments made for services not subsequently performed in a
timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH -SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant
to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all
amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations,
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
2 5A-1 ~ Page 13 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
P.O. Box 1988 (M-73)
Santa Ana, CA 92702
and,
CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. BOX 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
CONTRACTOR:
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
2 5A- ~ v Page 14 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above-written.
CITY OF SANTA ANA, a municipal
corporation of the State of California
ATTEST: "CITY"
By:
Maria D. Huizar David N. Ream
Clerk of the Council City Manager
APPROVED AS TO FORM: "CONTRACTOR"
Joseph W. Fletcher
City Attorney
BY: BY:
Lisa E. Storck Name:
Assistant City Attorney Title:
Tax ID
2 5A-19 Page 15 of 15
25A-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
? As Recommended
AMERICAN REINVESTMENT AND RECOVERY ? As Amended s~
? Ordinance on 1 Reading
ACT 2009 JOB TRAINING AGREEMENTS ? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
~ V~-t FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the
attached agreements with the following program operators for a total of
$685,505, subject to non-substantive changes approved by the City
Manager and City Attorney:
a. Goodwill Industries of Orange County to provide entrepreneurial
training for one-hundred and sixty low income Santa Ana
residents in the amount of $180,830.
b. Delhi Center to provide entrepreneurial training for one-hundred
low income Santa Ana residents in the amount of $122,000.
c. Concorde Career College to provide medical assistant training,
job preparation, and job placement for twenty five Santa Ana
dislocated workers in the amount of $175,000.
d. Hispanic Business Consultants to provide small business
technical assistance, through workshops and seminars, for
seventy five Santa Ana businesses in the amount of $57,675.
e. Essergy to provide small business technical assistance, through
workshops, seminars and mentoring to Santa Ana small businesses
in the amount of the amount of $150,000.
DISCUSSION
On February of 2009, President Obama signed the American Reinvestment
and Recovery Act (ARRA) to help stimulate the economy and get Americans
25B-1
ARRA 2009 Program Operator Agreements
February 16, 2010
Page 2
back to work. The City received over $2.1 million dollars to provide job
training services for adults.
On October 12, 2009, the Santa Ana WORK Center issued a request for
proposals (RFP) for demand occupation training, entrepreneurial
training, and Rapid Response Services. Nineteen responses were received.
In December, the RFP Review Team met to review the proposals and made
the following recommendations:
Goodwill Industries $180,830 ARRA Adult Program
Delhi Center $122,000 ARRA Adult Program
Concorde College $175,000 ARRA Dislocated Worker
Hispanic Business Consultants $ 57,675 ARRA Rapid Response
Essergy Consulting $150,000 ARRA Rapid Response
The term of the contract will be from February 1, 2010 through January
31, 2011.
FISCAL IMPACT
Funds are available in the FY 2009-10 budget of the American
Reinvestment and Recovery Act accounts - ARRA Adult (account no.
12318737), ARRA Dislocated Worker (account no. 12318738) and ARRA Rapid
Response (account no. 12318739).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~2`'~ 1 ~i ~Gi.-~- L- ~C-'~-C ~ic_J ~ ~Cnl~ ~ ~ .L2~~J ~ 4.~a
~LCynthia Nelson Francisco Gutierrez
Deputy Ci y Manager for Executive Director
Development Services Finance & Management Services Agency
Community Development Agency
CJN/LAS/CDR/kg
RFCA ARRA providers 09-10
25B-2
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
Contract No.
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
(AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009)
THIS AGREEMENT, made and entered into this by and between
the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California ("CITY") and
("CONTRACTOR").
W-I-T-N-E-S-S-E-T-H
Recitals:
A. CITY has been designated a Local Workforce Investment Area (LWIA) under
the Workforce Investment Act of 1998, Public Law 105-220 ("the Act").
B. The State of California has created the LWIA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to
increase training opportunities for unemployed individuals and also to preserve and create jobs. One
goal of California's Workforce Investment System is to provide the opportunities to achieve career
goals that will allow individuals to successfully compete in the labor market and prepare them for
higher education.
D. The American Recovery and Reinvestment Act of 2009 (the "Recovery Act")
includes provisions for WIA Adult and Dislocated Worker funds, WIA Youth funds including summer
youth employment activities, and Wagner-Peyser Act funds for reemployment services.
E. CONTRACTOR has experience in offering education, occupational
development, business training, lay-off aversion and employment programs for the labor market
participants in the City of Santa Ana ("said program").
F. CONTRACTOR is willing to operate said program pursuant to the Act and
California law.
WHEREFORE, for and in consideration of the respective and mutual covenants and
promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
I.
CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
25B-3 Page 1 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
A" and in the Statement of Work ("Exhibit B"), attached hereto and by this reference incorporated
herein:
CONTRACTOR'S failure to provide said services maybe grounds for CITY to readjust
the level of payment to CONTRACTOR otherwise provided for hereinafter or terminate this
Agreement as provided in Section XV hereof .
B. CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ("participants") in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law 105-220 and the American
Recovery and Reinvestment Act of 2009 ("Recovery Act").
C. CONTRACTOR agrees to perform the services set forth herein in a
professional, timely and diligent manner.
D. CONTRACTOR agrees to include prominent labels and tags in program
announcements and literature that clearly distinguish them as "Recovery Act" programs.
E. CONTRACTOR shall adhere to the Labor Standards described in the Act
including Section 181 of the Act.
F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under
the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR
§667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under
the Act and the procedures for resolution of any complaints. CITY's procedures for handling
complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall
be followed and any decision of CITY, the State or the federal government relating to the complaint
shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall
operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to
the terms and conditions of employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of
1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of
1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities
Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing
those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California
and CITY have the right to seek judicial enforcement of this assurance.
H. CONTRACTOR agrees that no participant(s) shall commence training prior to
completion of a specialized assessment that demconstraAtes an ability to benefit from program.
2 G ~ ~4 Page 2 of 15
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CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
I. CONTRACTOR agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or
require regarding the performance of CONTRACTOR'S services or activities, costs or other data,
including but not limited to, participants' attendance, payroll records and job duty statements.
CONTRACTOR agrees to provide the CITY with monthly progress reports.
CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative
Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce
Investment Act Application form (WIA EWIR) and supporting documents within 45 days of
application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE)
within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of
the begin date of activity or end date of an activity; Workforce Investment Act Exit form (WIA EWIT)
within 15 days of completion/termination of active enrollment of trainee (if/when required by the
program being offered);
CITY, the State of California and the United States government and/or their
representatives shall have access for purposes of monitoring, auditing and examining of
CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR
subcontractors, bookkeepers and accountants, and employees and participants related to this
Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion.
Monitoring activities may also include, but are not limited to, questioning employees and participants
and entering any premises or onto any site in which any of the services or activities funded hereunder
are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or state
law.
In the event CONTRACTOR does not make the above-referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to all costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at the location where CONTRACTOR
conducted the program, as well as in the County of Orange, for the duration of this Agreement and
thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints,
claims, administrative proceedings or litigation arising out of the performance of this Agreement, or
(b) costs and expenses of this Agreement to which CITY, the State of California or the United States
Government take exception, shall be retained beyond the three (3) years until resolution of disposition
of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
Government or their representatives, all recordscrequescted for administrative purposes, including
25B-5 Page 3 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on
CITY's Invoice/Voucher form, showing in detail the amount of money already expended by
CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be
supported by such source documentation such as cancelled checks, paid bills, payrolls, time and
attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)].
CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000
East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month
following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail
to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving
CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY
excess revenues over costs or use such excess revenues as program income by utilizing such program
income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
M. CONTRACTOR shall arrange independently for an audit that includes WIA
funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A-
133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days
after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these
requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend
additional grant funds.
N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal
statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part
97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to
performing any of its obligations under this Agreement and prior to any obligation arising on the part
of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
25B-6 Page 4 of IS
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
Q. CONTRACTOR agrees to provide adrug-free work place and to execute a
certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
R. CONTRACTOR, in accordance with the Child Support Compliance Act,
recognizes and acknowledges the importance of child and family support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
T. CONTRACTOR agrees to provide priority of services for veterans and eligible
spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans
and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act
published at 73 Fed.Reg. 78132 on December 19, 2008.
II.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds
are received under the provisions of the Act a sum not to exceed $ for CONTRACTOR'S
performance in accordance with the payment schedule attached hereto as "Exhibit F" during the
period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by
CONTRACTOR as provided hereinabove.
B. CITY agrees to provide for on-site monitoring reviews of said
program operation at least twice annually. In addition, monthly desk-top reviews of pertinent
information will be conducted.
C. CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on and all duties arising under
this Agreement shall have been performed by The term of this
Agreement may be extended by a writing executed by the Deputy City Manager for Development
Services and the City Attorney.
IV.
INDEPENDENT CONTRACTOR
25B-7 Page 5 of 15
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Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow the
City to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any
other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer.
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with all applicable
federal and state laws and regulations, including, but not limited to the Performance Standards
(Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC
Sections 1516 and 1551) and applicable regulations, the Recovery Act and the U.S. Department of
Labor guidelines and regulations, including amendments or revisions made during the terms of this
Agreement. Said applicable laws are hereby incorporated by reference and made as part of this
Agreement as though fully set forth herein.
B. CONTRACTOR also assures and certifies that:
1. CONTRACTOR shall comply with Title VII of the Civil Rights Act of
1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of
race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under this Agreement.
2. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
3. CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
4. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as well
as the WIB Administrative Office, access to and the right to examine all records, books, papers or
documents relating to the accounting and use ocf funds under this Agreement for athree-year period
25B-8 Page 6 of 15
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from and after the effective date of this Agreement.
5. No person with responsibilities in the operation of any program under
the Act shall discriminate with respect to any program participant or any application for participation
in such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
6. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
7. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
8. EQUAL OPPORTUNITY. Any literature distributed by
CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its
programs under this Agreement shall state that its programs are supported by the City of Santa Ana
and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal
opportunity employer/program" and that "auxiliary aids and services are available upon request to
individuals with disabilities."
9. Based on the population eligible to be served, or likely to be
directly affected by the WIA program or activity, the services or information may need to be provided
in a language other than English in order to allow such population to be effectively informed about or
able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take
reasonable steps to provide services and information in appropriate languages after considering the
scope of the program or activity, and the size and concentration of the population that needs services or
information in a language other than English.
10. CONTRACTOR certifies that all property, finished or unfinished
documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of
in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the
CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this
Agreement, will be limited to use within the activities outlined in this agreement and will remain the
property of the United States Government and/or CITY. Upon termination of this Agreement,
CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
11. CONTRACTOR certifies that this Agreement does not provide for the
advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
Constitution of the State of California, regarding separation of church and state.
12. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will
transfer all pertinent information, specifications and right, title and interest to the designated agency.
25B-9 Page 7 of 15
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13. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or
agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall
report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
and the DOL and its representative on these matters, the DOL shall determine whether to seek
protection on the invention or discovery. The DOL and its representative shall determine how the
rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
and administered in order to protect the public interest consistent with the "Governmental Patent
Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
1971, and Statement of Government Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright-
able material is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to permit others to do so. The
CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or
subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases
ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29
CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement.
14. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder
exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC
1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and
Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be
hereafter amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the
Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EPA List of
Violating Facilities;
(c) It will notify the CITY and the EPA about any known violation of the above laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
25B-1 0 Page 8 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
2. Emplo~nent of Former State or CITY Employ. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two years following the termination of such employment.
3. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involving Close personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a
permanent record of the transaction will be retained.
5. Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased
with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No
voting member of the WIB will cast a vote on the provision of services or vote on any matter which
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to
comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109-149, Section 7013.
VII.
HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
25B-11 Page 9 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
employees or subcontractors.
B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from and against any and all claims, demands,
suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts
of CONTRACTOR, its employees or subcontractors.
VIII.
INSURANCE
1. Commercial General Liabilitv. CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
endorsed to provide to CITY and to the State of California, Employment Development Department, at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
and volunteers, and the State of California, its officers, employees, and volunteers as additional
insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
California and CITY. Governmental entities may substitute a certificate of self-insurance. it
2. Automobile Liabilitv Coverage. CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such ownedlleased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants,
or agents as self-certification of automobile insurance coverage. Governmental entities may substitute
a certificate ofself-insurance.
3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
25B-1 ~ Page 10 of 15
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vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self-insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved
by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make
no payments under this Agreement until the required certificates and endorsements have been
approved by CITY.
IX.
CORPORATE STATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671; and
2. The American Recovery and Reinvestment Act of 2009 (the "Recovery Act") (P.L. 111-5); and
3. All applicable State statutes, regulations, policies, procedures and directives;
4. All applicable CITY policies, procedures and directives;
5. All applicable local ordinances and requirements, including use permits and licensing;
6. Court orders applicable to its operation; and,
7. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with
such or will notify CITY after enactment or modification that it cannot so comply. CITY may
thereupon terminate this Agreement, if necessary.
25B-13 Page 11 of 15
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XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains
all the covenants and agreements between the parties with respect to such employment. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify
CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant.
B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations
hereunder, CITY may declare a default and termination of this Agreement by written notice to
CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to
be not less than ten (10) days after certified mailing or personal service of such notice, unless such default
is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall
be relieved of further liability or responsibility under this Agreement, or as a result of the termination
thereof, including the payment of money, except for payment for approved expenses incurred for services
satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except
for reimbursement of (1) any payments made for services not subsequently performed in a timely and
satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance.
XVI.
DISPUTES
25B-14 Page 12 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH -SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant
to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all
amounts due CITY as a result of CONTRACTOR'S violation. For any such failures or violations,
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
P.O. Box 1988 (M-73)
Santa Ana, CA 92702
and,
CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
CONTRACTOR:
25B-15 Page 13 of 15
This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
25B-16 Page 14 of 15
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above-written.
CITY OF SANTA ANA, a municipal
corporation of the State of California
ATTEST: "CITY"
By:
Patricia E. Healy David N. Ream
Clerk of the Council City Manager
APPROVED AS TO FORM: "CONTRACTOR"
Joseph W. Fletcher
City Attorney
BY: BY:
Lisa E. Storck Name:
Assistant City Attorney Title:
Tax ID
RECOMMEND FOR APPROVAL:
Cynthia J. Nelson
Deputy City Manager for Development Services
25B-17 Page 15 of 15
25B-18
REQUEST FOR a.~~
COUNCIL ACTION ~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
AGREEMENTS WITH DMS LANDSCAPE AND ? As Recommended
MARIPOSA LANDSCAPE FOR LANDSCAPE ? As Amended
MAINTENANCE SERVICES AT CITY PARKS ? Ordinance on 151 Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Authorize the City Manager and Clerk of the Council to execute the
attached agreement with DMS Landscape Services, subject to non-
substantive changes approved by the City Manager and City Attorney,
to provide landscape maintenance services at five park sites, in an i
amount not to exceed $274,176.
2. Authorize the City Manager and Clerk of the Council to execute the
attached agreement with Mariposa Landscapes, subject to non-
substantive changes approved by the City Manager and City Attorney,
to provide landscape maintenance services at eight park sites, in
an amount not to exceed $454,565.
DISCUSSION
The City of Santa Ana has for over 20 years contracted landscape
maintenance for bike trails and street medians. In 2003, 18 parks were
contracted out for landscape maintenance. The Parks, Recreation and
Community Services Agency currently divides the City into four separate
park maintenance districts. District 2 is maintained by Merchants
Landscape Services, and District 4 is maintained by Master Landscape.
The two proposed agreements will provide landscape maintenance services
in Districts 1 and 3, which are currently maintained by part-time City
staff (see Attachment A) Diversified Maintenance Services (DMS) will
maintain District 1, which has five parks, and Mariposa Landscape will
maintain District 3, which has eight parks. These two proposed
landscape agreements will allow the agency to keep these parks looking
green and clean.
25C-1
Agreements with DMS and Mariposa
February 16
Page 2
The City proposes to enter into a one-year agreement with DMS Landscape
Services, with four one-year renewal options, for the maintenance of
District 1. The annual base contract cost is $261,120. An additional
$13,056 is included for unanticipated work, resulting in a total annual
contract amount of $274,176.
In addition, the City proposes to enter into a one-year agreement with
Mariposa Landscapes, with four one-year renewal options, for the
maintenance of District 3. The annual base contract cost is $432,919.
An additional $21,646 is included for unanticipated work, resulting in a
total annual contract amount of $454,565.
FISCAL IMPACT
Funds are available in the FY 2009-10 Park Services Other Contract
Services account (no. 01113250-62300).
APPROVED AS TO FUNDS AND ACCOUNT:
~
Gerar o Mouet, Francisco Gutierrez,
Execu ive Director Executive Director
Parks, Rec. and Com. Svcs. Finance and Mgt. Svcs. Agency
25C-2
Attachment A
Park Landscape RFP Maintenance Areas
Districts 1 and 3
District 1 Acreage
1 Cesar Chavez/Campesino ~ 5
2 Riverview Park 8 ~
3 Rosita Park 8 8
4 Edna Park 2 5
5 EI Salvador Park 11
Subtotal District 1 38.5
District 3
1 Bomo Koral 10.2
2 Delhi Park 10
3 Lillie King Park 11
4 Madison Park 6
5 Sandpointe Park ~
6 Heritage Park 6.5
7 Santa Anita Park 5
8 City Yard 4
Subtotal District 3 59,7
Total 98,2
25C-3
25C-4
LANDSCAPE AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this i 6"` day of February, 2010 by DMS Facility
Services, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of high-
Ievel park landscape maintenance comparable with standard industry practice.
B. Contractor represents that Contractor is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform landscape maintenance services for Santa Ana Parks, District 1, as set
forth in City's Request for Proposa109-006, dated February 27, 2009, incorporated by reference to this
Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's
Proposal dated Apnl 6, 2009, attached hereto as Exhibit B. Said maintenance includes the
baseball/softball diamond maintenance, which Contractor has subcontracted to Professional Sport
Field Maintenance to maintain baseball fields during the season. DMS will maintain baseball fields
during The off-season.
2. CITY INSPECTION
The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency,
or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to
this Agreement. If said inspection results in discovery of work that is not performed in the agreed
manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City
shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of
performing the work to bring the property into conformance with the Specifications. Additionally,
City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the
Specifications during any such inspection.
3. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates
and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not
25C-5
exceed $261,120.00, plus a five percent (5%) contingency for a total amount not to exceed
$274,176.00 annually, during the term of this Agreement,
b. Payment by City shall be made within thirty (30) days following receipt ofproper invoice
evidencing work performed during the prior month, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
4. TERM
This Agreement shall commence on April 1, 2010 and terminate on March 31, 20I 1 unless
terminated earlier in accordance with Section 13, below. Additionally, the City may terminate this
Agreement if the Santa Ana City Council fails to approve funding far the Agreement for any fiscal
year covered herein. The term may be extended up to four additional one-year terms at the sole
discretion of the City.
S. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to bean independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Contractor performs the services which are
the subject matter of this Agreement; however, the services to be provided by Contractor shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shalt include, but not be limited to protection against claims arising from
bodily and personal injury, including death resulting therefrom and damage to property, resulting from
any act or occurrence arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than
the fallowing: single limit coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance
shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); {b} be primacy with respect to insurance or self-insurance programs maintained by the City;
and (c} contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent farm, with a combined single limit of
not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hiz•ed and
non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of
the Labor Cade, Contractor, if Contractor has any employees, is required to be insured against liability
25C-6 ~
for worker's compensation or to undertake self-insurance. Prior to commencing the performance of
the work under this Agxeement, Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Contractor pursuant to
this section:
(i) Contractor shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
e. If Contractor fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to fozthwith terminate this Agreement.
Such termination shall not effect Contractor's right to be paid for its time and materials expended prior
to notification of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its offzcers, agents,
employees, Contractors, special counsel, and representatives fiomliability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including health, and claims for property damage, which may arise from the direct or indirect
operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services provided by Contractor under this Agreement; and
{2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold
harmless agreement applies to all claims for damages, just compensation, restitution, judicial or
equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this
Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further
agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and
costs for special counsel to be selected by the City, regarding any action by a third party challenging
the validity of this Agreement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms
of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
8. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exez•cise
25C-7
i
i
the same degree of care it uses to protect its own information of like importance, but in na event less
than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred oxally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use
and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in
rightfiil possession of the Contractor without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Contractor without reference to
information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication puzsuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the
manner provided in this Section, to the fallowing persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Dizector of Parks, Recreation and Community Services
City of Santa Ana
26 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, California 92702
and
City Attorney
City of San#a Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile {714) 647-6515
To Contractor: DMS Facility Services
2320 South Pullman Street
Santa Ana, California 92705
Telefacsimile (949) 260-1737
25C-8 f
A party may change its address by giving notice in wz•iting to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given theee (3) days aftez• it has been deposited in the United
States mail, duly registered or ceztified, with postage prepaid, and addressed as set forth above. If sent
by telefacsimile, communication shall be effective or deemed to have been given twenty-four {24)
hours aftez• the time set forth on the transmission zeport issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time flames, weekends, federal, state,
County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all othez• agreements, oral or written, between the patties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Contractoz•. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that
tezzns and conditions hezeof, shall not bind or obligate Contractor nar the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which az•e not
embodied herein.
In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments
hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without the
City's prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to limit the City's ability to have any of the services which are the subject to this Agreement
performed by City personnel or by other Contractors retained by City.
23. TERMINATION AND DAMAGES
This Agreement may be terminated by either party upon ninety (90) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for• all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. Payment need not be made for work which fails to meet the standazd of performance specified
in the Recitals of this Agreement.
b. Material Breach: If the Director determines the Contractor has failed in the performance of
its duties and/or schedule as provided, the Director may consider the Contractor in material breach.
City may exercise all remedies in law or equity including but not limited to: 1) withholding ail or a
portion of payment owed relative to any such failure to perform or foz• any delay in performance, and
2) directing the work be accomplished by either City employees or another contractor at Contractor's
25C-9
expense, as determined by the Director. Contractor shall be responsible for all costs resulting from
breach, including incidental and consequential damages. In the event of a material breach, which
remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon
thirty (30) days written notice of termination.
14. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and pzohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Contractor affirms that it is an equal opportunity employez• and shall comply with all
applicable federal, state and local laws and regulations.
I5. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties fiuther agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other goverzzmental agencies. Contractor shall notify the City immediately and in writing of
her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said
inability shall be cause for termination of this Agreement.
1'16. MISCELLANEOUS PROVISIONS
a• Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terns of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in
the event that such authority or power is not, in fact, held by the signatozy or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
CITY OF SANTA ANA
ATTEST:
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
25C-10
APPROVED AS TO FORM:
JOSEPH W,FLETCHER
City Attorney
DMS FACILITY SERVICES
FRED GONZALES
Vice President
Tax ID#
25C-11
25C-12
EXHIBIT A
SPECIFICATION FOR ROUTINE MAINTENANCE
i
I. GENERAL CONDITIONS
A• FUNCTIONS AND RESPONSIBILITIES
1. City -Director's Authority
The Director is the only person authorized to direct changes in any of the requirements
under the Agreement and, not withstanding any provisions contained elsewhere in the
Agreement, and said authority remains solely in the Director. In the event that the
Contractor effects any such changes at the direction of any person other than the
Director, the changes will be considered to have been made without authority and solely
at the risk of the Contractor. In addition, the Director shall have the authority to
accept/reject materials, workmanship and to make changes in work or schedule, not
involving extra cost.
When the performance of the work or completion per schedule is determined to be sub-
standard, he may (1) recommend that all or a portion of payment be withheld, and/or (2)
direct the work be accomplished by either City forces or separate contractor, in order to
complete the necessary work as close to schedule as possible, and withhold the resulting
casts. Payment to be withheld shall be deducted from the next monthly payment due, or
if the amount is insufficient to cover payment, the Contractor shall be liable for said
deficiency and will be billed accordingly.
The Director, or his authorized representative shall decide all questions, which may
arise as to the manner of performance and completion per schedule, acceptable
fulf llment of the Agreement by the Contractor, interpretation of the specifications, and
compensation, including completion of work by alternate sources.
2. Contractor
a} Local Office
The Contractor shall maintain a physical office within the 714 area code (local
office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00
p.m. with a company representative present at alI times, Answering services or
mobile telephones will not be considered a local office.
b) Submittals
Prior to performing, Contractor shall submit to the Director for approval: 1} a
detailed annual, monthly and weekly work schedule; 2) time sheets of
employees assigned to the contract areas; 3} names and titles of alI persons
working on the project and their qualifications; 4) and equipment, materials
and/or chemicals to be used on the project, The information contained in the
25C-13
above referenced documents shall be updated with any new information as
available. The Director shall be immediately notified of any changes to the
above information.
c} Uniforms and Vehicle Identification
The Contractor shall provide to all field personnel a standard uniform including
but not limited to unifoi7n company hats, collared work shirts, pants, jackets,
vests and ANSI approved safety shoes. All uniforms will be marked with some
form of company logo or other form of identification.
All vehicles and equipment on the project site shall be in operable and working
condition, clean appearance without visible damage, dirt graffiti etc. In
addition, all vehicles shall have the company's name clearly identified on the
right and left side doors.
B. SAFETY REQUIREMENTS
A11 work performed wider this contract shall be completed with maximum safety as the
priority above all other requirements. In the event unsafe work is observed by City staff or
otherwise reported, the Director may at his discretion order Contractor to stop performing
and pay all costs and or damages resulting from the delay.
C, SAFETY NOTIFICATION
If Contractor identifies a potential safety issue, Contractor shall:
1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution
Tape" and "A" frame barricades or equal substitute around the condition.
2. Notify the Director of the condition first by phone and then in writing (e-mail is
acceptable} including digital photographs of the potential safety concern if possible.
Once the Contractor has notified the City and the public of the condition, as specified
above, Contractor shall have no further responsibility regarding the condition.
D. UNDERGROUND ALERT SYSTEMS
Underground Alert Systems (telephone number 1-800-422-4133} must be notified 48-hours
in advance prior to any excavation work. .
E. PROPERTY DAMAGE
Any damage to private property caused by Contractor shall be immediately reported to the
property owner. Contractors shall pay for any damage caused to private property in
performing this agreement.
F. ACCESS TO PRIVATE PROPERTY
25C-14
Prior to any work involving private property, the Contractor shall notify the City of the
proposed work and obtain all necessary permits and/or consent required from City and/or 'i
property owner. ~
G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall protect City and/or private property adjacent to work areas including
sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls,
sidewalks, street paving, etc., located on either public or private property. Contractor shall,
at its expense, replace any property that is removed or damaged, other than property pre-
approved for removal.
TRAFFIC CONTROL
The Contractor will not intez~upt traffic flaw on City streets. In situations where it is
necessary to restrict traffic flow, the Contractor will contact the appropriate City
department and obtain all necessary permits and/or consent from the responsible public
agency.
H. MONTHLY REPORTS
Prior to the first day of each month the Contractor shall submit the following reports: 1}
employees daily work schedule by location and crew/task(s); 2) pesticide use report that
was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4)
"green waste" recycling report.
I. WATER COST
City will pay for water used by Contractor pursuant to this agreement up to a specified
amount detailed in a monthly Estimated Applied Water (EAW) report (see Attachment 5).
Should the amount of water applied exceed the monthly EAW then the Contractor shall pay
the cost of the excess water.
II. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS
A. DEFINITIONS
1. "Director" shall mean the Executive Director of Parks, Recreation and Community
Services or designated representative.
2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may
also be referred to as "tz•imming."
3. "Weed" shall mean any undesirable or misplaced plant.
B. SCOPE OF WORK
25C-15
It is the intent of this agreement to continually improve the quality of the facilities. The
Contractor shall provide all labor, training, materials, tools, equipment, transportation,
hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high
quality grounds/landscape maintenance pursuant to the terms defined herein. The
Contractor shall provide all grounds/landscape maintenance at work sites listed herein,
including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and
ground cover plants, removing and controlling weeds, controlling plant diseases and pests;
mowing turf, edging turf and ground cover; irrigating plant material; maintaining and
repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic
area maintenance; tot-lot maintenance; and, other services required to maintain the work
sites in a safe, attractive and useable condition. The Contractor shall maintain all plant
material in a healthy and beautiful condition using the best industry/ horticultural accep#ed
standards for growth, color, and appearance as determined by the Director.
1. Scheduling of Work -Contract Start-ua
The Contractor shall, within three (3} months after commencement of services, bring
all sites subject to this Agreement to the level set forth in the specifications as follows:
a) Turf berate and fertilize all turf using Nitra King 19-4-4 at one (1) pound of
actual nitrogen at one pound per 1,000 square feet. All weeds shall be treated
using selective post emergent herbicides until weeds are eradicated. Dallas
Grass shall be eradicated using broad spectrum post emergent herbicide.
b} Shrubs -Fertilize using Nitrl King 19-4-4 at one (1) pound of actual nitrogen at
one pound per 1,000 square feet. Diagnose and treat all diseased or unhealthy
plants. Prune shrubs. Provide report of diagnosed/treated plants.
c) Groundcover -Plant new groundcaver every 12" triangular spaced to fill in bare
areas. Fertilize using Nitra King 19-4-4 at one (1) pound of actual nitrogen at
one pound per 1,000 square feet.
d) Trees -Prune all trees to specification. Establish tree rings.
e) Irrigation -Perform start-up irrigation system check and repair all heads, swing
joints and lateral lines, raising and adjusting heads/nozzles as necessary.
Provide proposals to perform extra work for valve, main line, field wire,
backflow prevention devices, etc. repairs.
f) Mulch -Install Aguinaga Black Forest mulch size 0" to 1-I/2" or approved equal
%Z" thick in all planters, designated tree rings and other designated areas.
g) Pavement Cleaning=,Perform hardscape pressure washing per Section B.2.9.c of
routine maintenance specification.
h) Contractor understands that it is assuming maintenance responsibility of the
parks/locations "as is" and is responsible for improving all aspects of the parks,
irrigation system, hardscape, turf, ground cover, plants and all other areas to the
25C-16
quality described in these specifications, at no additional cost to the City, during
the three {3} month start-up period.
i) Rebuild pitcher's mounds and batters boxes using Hilltopper by Stabilizer
Solutions for ball diamonds with sport turf infields. Use Ballyard by Stabilizer
Solutions on ball diamonds with skinned infields (with no turf}. Batters boxers
shall be 3" thick. Pitchers mounds shall be a 3" thick cap of material over a
compacted the standard infield mix.
2. Scheduling of Work -Routine Maintenance
a) The Contractor shall provide landscape maintenance between the hours of 6,00
a.m. and 6:00 p.m., Monday though Sunday. The schedule may be modified
only with the Director's consent. Landscape maintenance that generates excess
noise cannot begin before 8:00 a.m.
b) The Contractor shall establish schedules of "routine work" to be followed in the
performance of this contract. Schedules listing the name and size of specific
crews performing daily, weekly, monthly, annual and periodic maintenance
shall submitted to the Director each month. A copy of these schedules shall be
provided to the Director prior the performance, and any changes in scheduling
shall be reported in writing and subject to the approval of the Director. The
schedule shall include days of the week and what person/crew will be
performing specific woz•k in accordance with the specification. Each
person/crew will be identified and list the number of employees by job
classification. Once the initial schedule of "routine work" is completed the
Contractor shall notify the Director in writing before any changes are made.
c} The Contractor shall establish a schedule of renovations, pruning/trimming and
other infrequent operations. A copy of this schedule shall be provided to the
Director prior to performance, and any changes in scheduling shall be reported
in writing and subject to the approval of the Director. Once the initial schedule
is completed the Contractor shall notify the Director in writing before any
changes are made.
3. Work Force
a) Contractor's supervisory personnel {Supervisors) shall have a combination of
five years experience or education in Ornamental Horticulture, Landscape
Architecture, Irrigation Technology or related science. Supervisors shall also
possess landscape/grounds management skills required to implement modern
methods and newly developed horticultural and arboriculture procedures and/or
practices. Supervisors shall accompany the Director on weekly inspection tours
of the contract sites. During the tour the Supervisor shall indicate the work
completed the previous week, any changes that were made or are being
contemplated and the work scheduled for the upcoming week and month.
b) The Contractor shall provide a Certified Irrigation Specialist in each district who
possesses, at minimum, a Certificate in "Ornamental Horticulture Certificate of
25C-17
Proficiency Specialization in Landscape Irrigation" or holds a current California
Landscape Contractors Association "Certified Landscape Technician"
certificate to manage each sites irrigation systems controller programming,
performance and maintenance including, but not limited to, performing all
irrigation checks/report writing and to perform repairs and/or, modifications to
the irrigation system. You proposal will be evaluated on the qualifications of
this individual and the amount of FTE's you assign to each district.
c) The Contractor shall insure that all staff has a minimum of two years of
landscape maintenance experience or education,
d} The Director may request that the Contractor perform additional work or
services to meet the performance standards required by this Agreement.
e) Director may require Contractor to remove any employee from work sites at his
or her discretion.
4. Materials
a) The Conhactor shall submit to the Director a list of all materials and/or
chemicals that may be used pursuant to the terms of this Agreement. The list
shall include Material Safety Data Sheets and chemical analysis where
applicable, recommended usage and any other manufacturers data that may be
pertinent. The list must be submitted before any materials/chemicals are used
pursuant to this Agreement.
b) The materials and chemicals utilized in furtherance of this Agreement shall
comply with the following standards:
{1} All fertilizers shall be complete, furnishing the required percentage of
nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other
plants in a healthy and vigorous growing condition.
(2) Pesticides including but not limited to: Insecticides, fungicides, herbicides,
algaecides, aviacides, and rodenticides shall be of the best quality
obtainable and available on the market, properly Labeled with guaranteed
analysis, and brought to the job site in the manufacturer's original
container.
(3) Tree stakes, tree ties and guy wires shall be of materials matching those
existing at the work site or as specified by the Director.
5. Rec~g
All organic waste {including leaves, grass clippings, brush, branches, and tree parts)
resulting from work performed under this contract shall be disposed of pursuant to the
requirements of the Santa Ana Municipal Code (SANG) Chapter 16. Organic waste
cannot be taken to a landfill. Every month, the Contractor shall submit receipts from
licensed compositors/green waste recycling facilities, to the Director listing the tons of
25C-18
organic waste recycled and the names and addresses of the composting or processing
companies.
C. ROUTINE MAINTENANCE
Routine maintenance shall include but not be limited to the following services performed at
the Work Sites listed in Exhibit E.
1. Turf Care
Turf care shall be differentiated by the two types of turf - "Casual Turf
' and
"Sport/1'riority Turf {see site maps in Attachment 2 that identify the areas for each
type of turf}. Note that the ball diamond infield sub-contractor shall perform all
maintenance of turf inside the infield arc line. This includes the infield turf and the
foul territory turf.
a) Mowing
All "casual" turf (non-sport/priority turf) shall be mowed: 1) weekly
May I through October 31 and, 2) every other week November 1
through Apri130. The Contractor shall use a tractor powered reverse flail
mower for the larger open turf areas, a 52" mower and a small walk
behind mower for areas between trees and other park amenities. The
Director shall determine height of cut. String trimmers are not allowed
for mowing turf. Any visible clippings shall be collected and disposed
of pursuant to SAMC Chapter 16.
I
(1) All "sport/priority" turf as described in Attachment No. 2 shall be
mowed once a week all year. Any visible clippings shall be collected
and disposed of pursuant to SAMC Chapter 16. The Contractor shall
mow the sport/priority turf areas at 3/a" to i" using a power driven
fairway reel mower and a walk behind reel mower along skinned infield
brickdust areas, turf infields, turf infield foul areas, soccer/football
fields, soccer/football out of bound areas. The Director's Representative
shall direct the Contractox to mow the sport/priority turf lower than 3/4"
to 1" if necessary. Note that the ball diamond infield maintenance sub-
contractor shall be responsible for mowing turf infields and other
designated ball diamond turf areas. (see Attachment 1).
(2) The Contractor shall maintain mowers that provide a smooth, even cut
without ridges or depressions and without tearing of the Ieaf blades
(caused by unsharpened mower blades). Mowing shall be performed at
the speed the mowers manufacturer specifies to maximize quality of cut.
Mowing shall be performed with straight and flowing patterns approved
by the Director's Representative. The emphasis will be on quality
mowing vs. speed and unprofessional patterns. From time to time the
Director will direct the Contractor to change mowing pattern to
minimize rutting and compaction. The Contractor shall mow grasses
25C-19
and broadleaf plants once per month in the Santiago Park Day Camp
(Nature Reserve) meadow area.
b) Edging and Detailine
All edging shall be performed with the use of a McClain's edger or approved
substitute. Stick edgers are not allowed. Cont~•actor shall edge alI turf adjacent
to all improved hard surfaces such as concrete, decomposed granite, asphalted
concrete paved areas. Edging/detailing shall be performed at the same time
mowing occurs. Chemical detailing of turf may occur with the Director's
approval. if chemical detailing is performed, the Contractor shall use the string
trimmer to remove the treated turf within one (1) week after symptoms of
phytotoxicity become recognizable.
{1) The Contractor shall use the McClain's edger to edge straight lines along
fences, walls, or long flowing arcs. The Director's Representative may
require the Contractor to use st~•ing lines to edge straight lines if the
Contractor's staff fails to achieve this quality without this method.
(2} The Contractor shall detail around trees, along walls/fences and other
park amenities first using a sharpened shovel cut to establish a concentric
round circle around trees, poles, etc. Once the initial detailed circle is
established a string trimmer may be used to maintain the circle. Should
the circle begin to deform the Director shall direct the Contractor to
repeat the detail process.
{3} The Contractor shall detail turf not greater than 10" away from walls or
fences. Detail lines shall be made straight and shall be maintained
shaight. The Contractor shall, at his own cost, supply top soil and an
approved turf seed to reduce any existing bare soil areas along
walls/fences that are greater than 10".
c) Soil Testing Amending/Top Dressing
Contractor shall test the priority turf soil once per year in January by a soil-
testing laboratory approved by the Directoz•. One soil sample shall be taken at
each ball diamond or soccer/football field and one every 5 acres of additional
turf area. The Contractor shall take the samples to a soil and plant lab approved
of by the Director. The test will be comprehensive and provide a written report
on the condition of the soil as well as recommendations of how to improve the
soil, soil fertility, and overall health of the turf. After review of the soil reports,
the Contractor shall within 60 days, and at no extra cost to the City, perform the
work recommended by the soil and plant lab to improve soil health and fertility.
Contractor shall mix all soil amendments, at the rates recommended by the soil-
testing laboratory, with the Aguinaga "Santa Ana Top Dressing Mix" and apply
the amendments and top dress mix. The Director shall verify and approve all f
soil amendment type, manufacturer, quantities prior to being applied. The cap
for amendments and materials shall be $50,000 per year per district, excluding
25C-20
labor and equipment. This cap applies to any turf, causal or priority that the
City asks to be amended.
d) Fertilization
(I} Casual Turf -Contractor shall apply fertilizer four {4) times per year at a
rate specified in the City's Agronomic Plan (see Attachment 3) with
Nitra King 19-4-4 during fall-winter and Lesco 39-Q-~ during spring-
summer months.
(2} Sport Turf/Priority -Contractor shall apply fertilizer seven {7) times per
year per the City's Agronomic Plan" (see Attachment 3) using a
complete or approved fertilizer. The rate of application shall be at a rate
specified in the City's Agronomic Plan. The Director may request proof
of fertilizer application in the form of empty fertilizer bags.
e) Irrigation-all turf
(1) Contractor shall ensure irrigation schedules are constantly monitored #o
provide adequate moisture in the soil for healthy turf, and avoid excess
wet conditions.
(2) Contractor shall not schedule irrigation of sports fields at least 24 hours
prior to the mowing process. During cooler periods of the year avoid
irriga#ing 48 hours prior to the mow procedures to ensure a quality cut of
the turf.
(3} Under noz•mal conditions the contractor shall not schedule irrigation on
Friday and Saturday nights to avoid wet conditions during weekend
usage. Prior approval will be required to irrigate during weekends to
coordinate with reservations.
{4) Turf areas shall be watered as required by weather conditions to provide
adequate moisture for optimum growth. At no time shall turf areas show
a lack of green color or a loss of resilience due to Lack of water. If
Contractor estimates additional water above and beyond the monthly
Estimated Applied Water (EAW} may be needed, he/she shall request
approval from the Park Service's Utility Coordinator prior to exceeding
the monthly irrigation budget as detailed in the Monthly Water
Conservation Report Estimated Applied Water (EAW} requirements (see
Attachment S}. Failure to get approval from the Park Service's Utility
Coordinator prior to exceeding the monthly irrigation budget will result
in the Contractor to pay for the excess water.
(S) When an irrigation system does not adequately provide water to the turf
area in which it is installed, due to any reason including but not limited
to controller failure, valve failure, broken heads, poor system design,
etc., the Contractor shall provide supplemental irrigation at no extra cost ~
25C-21
to the City. The Contractor may use any reasonable means necessary to
uniformly irrigate turf areas.
(6) Should the Contractor not respond to signs of turf stz•ess immediately, the
Director, in his sole discretion, may dispatch his own staff to remedy the
stress and deduct the cost form the monthly invoice submitted by
Contractor.
(7) Automatic irrigation shad be conducted between the hours of 10:00 p.m.
and 4:00 a.m. and shall be programmed not to exceed the EAW. In the
event that Contractors water consumption exceeds the EAW City may
deduct said overages from the Contractor's monthly invoice.
(8) Contractor shall ensure that all staff working on irrigation possess one of
the following certifications:
a. California Landscape Contractor's Certified Landscape Technician
Program
b. Fullerton College Certificate of Proficiency in Landscape Irrigation
c. UC R.iverside Certificate in Landscape Irrigation
f) Weed Control-all turf
The Contractor shall keep all turf, casual and spaz•t/priority turf, free of all turf
type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and
broadleaf weeds at all times. The Contractor shall, along with the monthly
Pesticide Use report, submit a written schedule for weed abatement in turf
specifying the method, day and location where weed abatement will be
performed. The Director's Representative will review and approve written
schedule taking into consideration the park's use.
(1) Contractor shall apply approved pre-emergent herbicides to all turf areas
in order to control the germination of noxious weeds i.e. Dallis Grass,
Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc.
(2) Should turf type or broadleaf weeds germinate, the Contractor shall
control the weeds immediately upon recognition by way of selective
and/or broad-spectrum post emergent herbicides approved by the
Director.
g) Replanting-alt turf
(1) Should turf begin to stress for any reason, Contractor shall begin
applying supplemental water and shall overseed these turf areas using La
Prim XD (spring/summer) or Stover Seed Grand Slam perennial rye
(fall/winter) seed at the manufacturer's recommended rate and process.
(2) Should turf die back to the point where soil is visible, Contractor shall
sod these turf areas using Greg Norman 1 hybrid Bermuda.
25C-22
(3} The Contractor understands and accepts that at the beginning of the
agreement there may be existing turf areas that are thin or bare. The
Conttactor, by entering into the agreement, shall routinely and at no
extra cost to the City, repair thin or bare turf areas by overseeding or
sodding with approved seed or sod until a thick healthy stand of turf is
established.
(4) Contractor also understands and accepts that Santa Ana is a very heavily
used park system, including increased foot traffic, athletic play, and
other uses.
h) Aeration
The Contractor shall aerate all turf areas, casual and sport/priority turf four (4)
times per year in March, June, September, and December. An aerator that will
remove soil plugs and deposit the cores on the surface of the turf shall perform
aeration. Cores shall be pulled to a depth of 6".
i} St~ort/Priority Turf Renovation
(1) Once {1) per year during the spring/summer or the fall/winter {as
determined by the Director) the Contractor shall renovate spott/ptiority
turf using:
(a) spring/summer - Lal?rima XD seed at six {6) pounds per
1,000 square feet in bare areas and four (4) pounds per 1,000
square feet where turf exists;
(b) fall/winter -Stover Seed Company Grand Slam see at eight
(8) pounds per 1,000 square feet
This shall be accomplished by mowing the existing turf down to
followed by verticutting {straight blades) to remove thatch. Prior to
seeding the contractor shall have the irrigation system functioning
properly and have a plan to provide supplemental irrigation as necessary
to germinate the seed to 100%. The field shall be top dressed prior to
seeding to provide a 100% flat playing surface.
(2} Once per month after the initial seeding process is completed the
Contractor shall overseed with at a rate of one {I} pound per 1,000
square feet by mowing the existing turf down to 3/4" followed by
verticutting (straight blades) to remove thatch.
(3) The Contractor shall guarantee uniform germination/100% coverage free
of non-germinated areas within three (3) months from the time the first
application of seed or will sod any thin or bare areas with Pacific Sod
Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1
Hybrid Bermuda Sod that has been "cropped over" with perennial rye
grass. Director shall determine sod based on availability/season.
25C-23
2. Ground Cover Care
a} Edging and Detailing
(1) Ground cover beds shall be maintained within their intended bounds and
edged and/or detailed the first week of every month to keep the beds
looking manicured at all times.
(2) Ground cover shall not encroach into lawns, sluvbs, adjacent desirable
bare areas, curbs, wall fixtures, fiuniture, beneath and/or into other
plants, etc. All sites shall be cleaned following each edging/detailing,
including streets.
b) Mulching of Bare Areas
In ali groundcover areas where bare soil is visible or where the groundcover is
thin so the soil is visible, the Contractoz• shall apply Aguinaga Black Forest
Floor Mulch or approved equal, size 0" to 1 %2", %i"thick minimum every other
month starting in January during the third week as necessary to maintain
uniform and complete coverage. Mulch is to be maintained within its
boundaries.
c) Fertilization
The Contractor shall fertilize aII groundcover areas four (4) times per year in
March, June, September, and December at two (2) pounds of actual nitrogen per
1,000 square feet using a slow release fertilizer using JTM Nutrients Complete
8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8)
pounds of actual nitrogen per 1,000 per square feet.
d) Replanting -Premium Plant Material
The Contractor shall plant each year, in any area determined by the Director, 2"
plugs of premium plant species at appropriate spacing so as to achieve complete
coverage once the plant is 2/3rds matw•e. The Contractor shall be responsible for
the complete removal and replacement of plants lost due to normal attrition or
due to Contractor's failure to perform under the terms of this Agreement. City
is responsible for cost of replacing plants lost to vandalism; however, Contractor
must prove that it was vandalism that killed the plant. See Attachmen# 6 for
plant cap.
e) Replanting -Standard Plant Material
The Contractor shall plant each year, in any area determined by the Director, 64
count flats of standard plant species at a appropriate spacing so as to achieve
complete coverage once the plant is 2/3rds mature. The Contractor shall also be
responsible for the complete removal and replacement of plants lost due to
normal attrition or due to Contractor's failure to perform under the terms of this
Agreement. City is responsible for cost of replacing plants lost to vandalism;
25C-24
however, Contractor must prove that it was vandalism that killed the plant. See
Attachment 6 for plant cap.
3. Sln•ub Care
a} Prunin trimming
All shrubs growing in the work areas shall be pruned such that the plants aemain
in a healthy growing condition. Plant growth shall be maintained to prevent
overgrowth into passageways, walks, streets, view of signs or in any manner
deemed objectionable by the Director. Dead or damaged limbs shall be
removed so that no projections or stubs remain. Pruning/trimming shall be done
by hand shears or loppers in a manner to permit plants to grow naturally in
accordance with their normal growth characteristics. "Box hedging" may be
required on some shrubs, as set designated by the Director. Shear hedging or
severe pruningltrimming of plants, unless authorized by the Director, is not
permitted. Topping of plants whose natural growth stems from the base of the
plant is not permitted. Should the Contractor top, shear hedge or severely prune
plants and disfigure ar damage the plants, the Contractor shall be responsible
for replacing those plants with like kind and size as and subject to approval by
the Director.
The Contractor may be requested from time to time to raise the bottom of the
shrubs for security reasons.
b) Re lanting
The Contractor shall plant each year, in any area determined by the Director, 1
gallon standard shrubs at an appropriate spacing so as to achieve complete
coverage once the plant is 2/3rds mature. The Contractor shall also be
responsible for the complete removal and replacement of plants lost due to
normal attrition or due to Contractor's failure to perform under the terms of this
Agreement. City is responsible far cost of replacing plants lost to vandalism;
however, Contractor must prove that it was vandalism that killed the plant. See
Attachment 6 for plant cap.
c) Mulching of Bare Areas
In all shrub areas where bare soil is visible ar where the s1u•ub is thin so the soil
is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or
approved equal size 4" to 1 %x", '/z" thick minimum every other month starting
in January during the third week as necessary to maintain uniform and complete
coverage. Mulch is to be maintained within its boundaries.
d} Fertilization
25C-25
The Contractor shall fertilize all shrub areas four (4) times per year in March,
June, September, and December using JTM Nutrients Complete 8-2-4 soil
conditioner plus NPK slow release fei~ilizer at a rate of eight (8) pounds of
actual nitrogen per 1,000 square feet.
4. Tree Care
a) Height/Quality of Pruning
In July and August of each year the Contractor shall routinely Class I prune all
trees up to a height of fifteen (IS) feet. All trees within the scope of work shall
be maintained to keep the natural integrity and shapes of the trees. Pruning shall
be accomplished in a manner that will ensure that each individual tree is Class I
pruned as set forth in the City of Santa Ana Tree Pruning/trimming and Stump
Removal Specifications (see Attachment 8). In addition, the Director may
require the Contractor to remove or prevent encroachment of trees into the
public right of way where the tree blocks vision ar is considered undesirable.
Low branches overhanging sidewalks shall be trimmed to a height of nine (9)
feet above finish grade. Young trees needing pruning/trimming, training, and
shaping to develop caliper and a strong structural framework may have low
branching laterals and or appropriate sucker growth.
b) Staking, Tying and Guying
All trees requiring staking shall be securely staked at all times with stakes and
izibbex cinch ties approved by the Director. Rubber hoses and wire are not
permitted ties. All stakes shall be set perpendicular to prevailing winds unless
designated otherwise by the Director. Tree stakes shall also be set a consistent
distance away from the trunk of the tree (minimum six (6) inches) to reduce
abrasion and cell elongation. The tops of all tree stakes shall be removed
approximately three (3) inches above the highest tie to reduce abrasion of main
or lateral branches of the tree.
c) Mulching of Bare Areas
In designated tree ring areas where bare soil is visible the Conhactor shall apply
Aguinaga Black Forest FIoor Mulch or approved equal size 0" to 1 'h", %Z" thick
minimum every other month starting in January during the third week as
necessary to maintain uniform and complete coverage. Mulch is to be
maintained within its boundaries.
d) Fertilization
(1) Cycad and Palms shall be fertilized two (2) times per year in March and E
September with Nutricote 13-5-11 total 3-stage controlled release palm ~
fertilizer at the manufacturer's recommended rate.
e) Hazardous Tree Reporting
25C-26
In the event the Contractor detects any tree displaying roots heaving or girdling
{either by roots or a foreign material), leaning, broken ot• hanging limbs, or if
Contractor determines that potential safety hazard may exist Contractor shall
notify the Directot• by phone within twenty-four (24) hours.
f) Loss of Trees
The Contractor shall be responsible for the complete removal and replacement
of any and ail trees lost due to the Contractor's failure to perform under this
agreement. Failure to perform includes but is not limited to, girdling trees with
string trimmers or tree ties, improper planting of new trees, improper
pruning/trimming techniques which disfigure or destroy the trees natural
integrity and shape, or failure to detect and prevent treatable diseases and insect
infestations.
All trees that exhibit the signs of disease or any other signs of distress shall be
inspected by a Certified Arboxist approved by the Director. Should the Certified
Arborist determine that the tree had a terminal disease that the Contractor could
not have treated ox prevented, the Contractor shall not be responsible to replace
the tree. However, should the Certified Arborist determine that the tree's
unhealthy condition or death could have been prevented had the Contractor
treated the tree then Contractor shall be responsible for the cost of treatment to
restore the tree to a healthy condition or replace the tree. The latest American
Shade Tree Conference guidelines for value determination will determine the
value of the trees lost.
By entering into agreement with the City the Contractor acknowledges that they
accept the condition of each tree and should a tree go into decline or• expire the
Contractor agrees to replace the tree with like species and size or agree that the
City shall withhold payment equal to the value of the tree.
S. PeretmiallAnnual Color
All perenniaUannual color beds shall be maintained and pianted/rotated four (4} times
per year as detailed in Attachment 4. Annual color is part of the base bid and not part
of the plant cap. For every rotation 1S0 flats are planted in annual planting areas.
6. Vine Planting, Establishment and Maintenance
a} Planting
Contractor shall continuously plant throughout the year at its own expense 1
gallon Parthenocissus tricuspidata (Boston Ivy} vines at i 5' on center along
property walls, building walls, and any other park owned walls until the vines
mature and cover the walls. Note that the Contractor shall irrigate the vines and
fertilize as necessary to promote healthy and vigorous growth. The Contractor
will immediately replace any vine at the Contractor's expense that is lost fox any
25C-27 ,
zeason including but not limited to lack of water, vandalism, accidental post
emergent spraying, etc. See Attachment 6 for plant cap.
b) Contractor shall trim the vine once it reaches the top of the wall or at a specific
height on the wall, as determined by the Director. The Contractor shall keep
vines off telephone poles or other non wall surfaces at all times
7. Weeds, Disease and Pest Control
a) Weed Control
All hardscape areas shall be kept free of weeds at all times. Weeds shall be
removed by hand and/or approved mechanical or chemical methods. Director
may dispatch City staff to remove weeds that reach two (2} inches or greater and
are not removed immediately. in such instance, the cost will be deducted from
the Contractor's monthly invoice.
b) Disease and Pest Control
(1) The Contractor shall inspect on a daily continuous basis all landscaped
areas (turf, trees, shrubs, ground cover, and annual color) foz• presence of
disease, insect, rodent infestation or any other pests. If any pests, such
as but not limited to, disease, insect, algae, birds, animals, such as
rabbits, squirrels, or rodent infestation (rodents including rats, gophers,
moles, voles, etc.) is discovered, it shall immediately be controlled by
the Contractor at his/her expense using the safest and most expedient
method.
(2) The Contractor is responsible for inspecting all plant material on a
continuous basis and, as necessary, treating plant material to maintain
optimum health of the plants. If any plant material {turf, groundcover,
shrubs, trees) dies without the Contractor diagnosing the plant and
implementing efforts to restore the plant to a healthy and attractive
appearance, the City will assume the Contractor caused the plant death.
Contractor will be required to replace the plant with like species and size
at no extra cost to the City. City is responsible for cost of replacing
plants lost to vandalism; however, Contractor must prove that it was
vandalism that killed the plant. In the case where turf is Lost due to pest
damage, the Conh•actors shall replace the area of turf lost with Pacific
Sod Greg Norman 1 Hybrid Bermuda (dw•ing spring/summer) and
Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over
with Perennial Rye grass {during falUwinter).
8• Irri ation System Maintenance
a} General Responsibilities
(I) Contractor's Certified Irrigation Specialist shall use automatic or
mechanical irrigation systems to irrigate all landscape areas detailed in this
25C-28
Agreement. In the event the existing irrigation system fails to provide full
and proper coverage, the Contractor shall provide alternate irrigation with
full and proper coverage to all areas in the work site at no extra cost to the
City.
(2) Newly planted trees, slu ubs, ground cover and turf shall receive adequate
water to promote normal healthy growth. Proper berms or basins shall be
maintained during plant establishment period.
b) Operation of Automatic Irrigation Controllers
Where the operation of automatic irrigation controllers is required, the
Contractor shall:
(1) Not duplicate any coded City key furnished by the Parks, Recreation &
Community Services Agency for access and operation of the contzoller.
(2} Surrender all keys furnished by the Parks, Recreation & Community
Services Agency at the end of the contract period or at any time deemed
necessary by the Director to prevent serious loss to the City of Santa Ana•
{3} Protect the security of City property by keeping controller cabinet and
building doors locked at all times.
(4) Refiain from using locked premises for stozage of materials, supplies or
tools, except as approved by the Director.
(5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m.
c) Water Consezvation
(1) The Contractors Certified Irrigation Specialist shall meet once a month
with the Utility Coordinator to review the City's Monthly Water
Conservation Report (see Attachment 5) to discuss water Consezvation
strategies. These discussions may include, but not be limited to, the
Contractor turning off irrigation systems during periods of rainfall and
times when suspension of irrigation is desirable to conserve water while
remaining within the guidelines of the EAW.
{2) When the Utility Coordinator determines that plant material {turf,
groundcover, shrubs, and trees) must be irrigated, all controllers shall be
activated within twenty-four (24} hours. In the event the controllers are
not activated within 24 hours the City may charge Contractor all staff cost
incurred by City to activate controllers.
d) Inspection and Reporting
(1) The Contractor shall physically inspect the operation of all irrigation
systems once a month and prepare a written report specifying park name,
25C-29
controller location/name, start times, run times, program name, station
number, and repairs needed. The Contractor shall maintain all sprinkler
systems using City standard irrigation products and details. All repau•s
shall be to City specifications and details. Repairs to irrigation heads shall
be with matching precipitation nozzles. Contractor shall ensure that
excessive aver spray/runoff into street right-of--ways or other areas not
intended to receive irrigation is controlled. The Contractor shall repair at
his own expense any irrigation head and lateral line rendered inoperable or
malfunctioning due to attrition vandalism, etc.
(2) Contractor shall perform a visual inspection of all irrigated areas once per
week. All areas receiving marginal coverage shall receive supplemental
irrigation by being irrigated by a portable irrigation method. The
contractor shall furnish all portable hoses, nozzles, sprinklers, etc.,
necessary to accomplish this additional irrigation. Care shall be exercised
to prevent a waste of water, erosion, and/or detrimental seepage into
existing underground improvements or structures.
e) Repairs
The Contractor shall be responsible far repairs to all irrigation heads, swing
joints and lateral lines as a part of this agreement. The Director will be
responsible for repairs to the irrigation system from the valve to the water meter.
9. Hardscape Maintenance
a) All paved areas, including but not limited to paved parking lots, curb gutters,
pool decks, stamped or other enriched hard surface areas, shall be thoroughly
cleaned once a week between Monday and Friday. Vacuums, blowexs,
sweepers or other approved equipment may be used to clean hardscape areas.
Debris shall not be blown or swept onto adjacent streets or property. All debris
must be picked up by the Contractor and removed fiom the site. Debris and
litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches,
trash, sand gravel, and worn asphalt. The City shall approve any equipment that
is to be used for cleaning hardscape.
b) Picnic facilities and park benches, including but not limited to picnic tables,
barbecues, benches, concrete pads and shelters shall be continuously maintained
in a safe and clean condition.
c) Pavement cleaning -Contractor shall perform pressure washing monthly to
remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including
sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian
crosswalks in streets that are concrete or pavers, etc.
d) Site amenity cleaning -Contractor shall perform pressure washing of site
amenities, such as but not limited to, picnic tables, park benches, skate park,
walls, planters, raised curbing, railing, exterior of buildings, overhead shelters,
etc.
25C-30
(1} All picnic amenities {picnic tables, b.b.q.s, picnic shelters, concrete picnic
pads, etc.} and park benches shall be cleaned every day Monday through
Sunday to assw'e that all trash, stains, spills, debris, glass, staples, nails,
tape, wire, etc. is removed.
i
{2) AlI picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas,
and areas adjacent building entrances shall be cleaned once a month using
high pressure cleaning equipment.
(3) All barbecues shall have ashes, charcoal or any other materials removed
once a week. Following cleaning the Contractor shall paint the exterior of
the b.b.q.'s and the post with heat and rust resistant flat black paint.
e} All parks with flagpoles shall have an American flag displayed at all times. The
Contractor shall visually inspect the flag every day to assure it is in good
condition. Should, in the opinion of the Director, the flag not be in good
condition {faded, discolored, torn and/or having holes) Contractor shall
immediately request from the Director a new flag. Contractor shall raise the
new flag immediately upon receipt from the Directoz•.
f) Drinking fountains shall be clean, sanitized and unplugged every day Monday
through Sunday. The Contractor shall use approved germicidal cleaner and
products to assure that drinking fountains are clean and polished. The
Contractor shall remove any mineral build up, algae, stains, etc. so the drinking
fountain is 100% clean and polished. The Contractor shall achieve this level of
quality using a combination of cleansers, metal polish product, hand and/or
power tools. Should the drinking fountain be so plugged that dismantling the
fountain is required the Contractor shall notify the Director immediately so City
staff can make the repair.
10. Piayground/Tot-Lot Areas
a) The Contractor shall provide maintenance of all playground/tot-lot sand and
rubberized areas once a week. Maintenance shall include, but not limited to,
loosening of compacted areas, re-grading sand areas to level condition
(eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that
debris and any other foreign objects are removed, removal of weeds, removing
sand on sidewalks surrounding the playground/tot-lot, eliminating berms
(including pre-existing) in the turf sur7ounding the playground/tot-lots (high
pressure water blasting or sod cutting, leveling and re-sodding are approved
methods}, and trash and other undesirable material. Rubberized fall areas shall
be cleaned of sand and debris daily. Any sand that accumulates on the
rubberized surface shall be reused. Sand and debris on the playground
equipment shall be removed.
b) The City shall be responsible for all playground equipment and tot-lot area
safety inspections.
25C-31
11. Ball Diamond Maintenance
The Contractor shall retain asub-contractor to provide ball diamond infield
maintenance as set forth in Attachment 1. IT IS THE INTENT OF THIS
AGREEMENT THAT THESE FACILITIES BE MAINTAINED SO THAT
PLAYER SAFETY AND THE QUALITY OF PLAY ARE CONTINUOUSLY
ENHANCED.
a) Baseball Perimeter Maintenance
Ball diamond perimeter maintenance shall be performed daily. Ball diamond
perimeter maintenance shall be defined as all areas outside the field of play and
sideline/dugout areas where coaches, players and others associated with the
game gather. Ball diamond perimeter maintenance areas shall include but is not
limited to grandstands, areas around concession stands, fence lines, warm-up
areas, etc. The work that shall be performed on a daily basis shall include
picking up trash and debris, blowing off areas/hosing down areas using a high
pressure nozzle to remove brick dust, stains and/or any other foreign material,
such as sunflower seeds or peanut shells, so that all areas, including pavement
and landscape areas, are 100% free and clean. i
b) Daily Outfield Maintenance
{1) Irrigation checks and repairs to assure that irrigation heads are at the
proper grade to avoid injury to players who may fall on them and that no
"slippery" areas exist.
(2} Fill in of divots and depressions and all uneven areas with #20 white silica
sand, organic compost mixed with LaPrima XD Bermuda grass seed
during the spring/summer and Stover Grand Slam perennial rye grass seed
during the fall winter to re-establish the areas.
{3} Level fence line areas using a rock or leveling rake.
{4) Level and drag warning track areas using nail drag followed by finishing
drag mats. Contractor shall apply new brick dust to fence lines and
warning tracks as necessary to maintain consistent %2" layer of brick dust
in these areas.
c) Weekly Maintenance
(1) Contractor will then edge the fence lines and warning track to achieve
crisp straight lines and a smooth crisp arc where the brickdust warning
track meets the sport turf.
d} Annual Maintenance
25C-32
{1) Top dress outfield turf using Aguanaga Santa Ana mix or approved
pz•oduct. Apply with an approved top dressing machine that will achieve a
Ievel playing surface.
e} Non-recurring maintenance:
During inclement weather the Contractor shall work to reopen baseball fields as
soon as possible. The Contractor shall use Diamond Dry or an approved equal
to wazning tracts and fence lines. In addition, the Contractor shall use hand
pumps or any other reasonable method necessary to drain water off the field.
12. Soccer /Football Field Maintenance
a) All soccer/football fields shall be inspected every day, Monday through Friday.
Contractor shall look for divots, depressions, debris, and other turf marring
conditions. If discovered, the Contractor shall fill in divots and depressions
with #20 white silica sand mixed with LaPrima XD Bermuda grass seed during
the spring/summer and Stovers Grand Slam perennial rye grass seed during the
fall winter to re-establish the areas.
b} Areas of the field where turf has been wozn away due to play shall be raked,
dragged and leveled each day to provide alevel-playing surface free of divots,
depressions and uneven surfaces. The Contractor shall add approved topsoil to
these areas as necessary to keep the areas level and safe.
c) Annually, the Contractor shall top dress outfield turf using Aguanaga Santa Ana
mix or approved product. Apply with an approved top dressing machine that
will achieve a level playing surface.
13. Sport Court Maintenance
a} All spozt courts shall be blown off daily. Courts and fence lines shall be
completely free of dirt, debris, etc.
b) All spozt Courts shall be washed down every other week to remove dust, gum
and stains. The counts shall have water removed immediately following the
washing dawn.
c) Contractor shall replace tennis and basketball nets when they become worn.
The City shall furnish nets.
14. General Maintenance and Clean-up For All Parks and Contracted Sites
a) All trash and debris on the ground or in trash receptacles shall be removed from
all worksites each day Monday through Sunday before 12:00 p.m. This includes
all landscape areas, paved areas, street curb gutters, flood control channels, etc.
25C-33
b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed
by planting. This shall be done as often as required to maintain a neat
appearance.
c) After heavy windstorms or other inclement weather that impacts sites under this
agreement, the Contractor shall bring in extra staff to clean all parks areas within
twa (2) days at no cost to the City. Debris, such as but not limited to, litter,
fallen branches, trash, limbs, branches, sail erosion, etc., shall be removed from
the worksites.
d} The Contractor shall keep sidewalks and all other paved areas swept and free of
any debris, dirt, glass, weeds, leaves, etc. at all times.
e) Drain inlets shall be checked and if necessary cleaned once per day to avoid
flooding of areas during inclement weather.
15. Other Requirements
a} Work Not Scheduled
The Director may delete a portion of ox the entire work site from contractual
maintenance during a construction period or any period where the Director
determines that work cannot be scheduled. The deletion of this portion of work
will be reflected as a reduction in the monthly payment to the Contractor. The
amount of reduction will be based on the percentage of area involved and
agreed upon by the City and the Contractor in writing.
16. City Inspection
a) The Director or his designated representative shall regularly inspect the
parks, playgrounds, fields and all other City property subject to this Agreement.
If said inspection results in discovery of work that is not performed in the
manner, and to the professional degree set forth in the Specifications, Contractor
agrees that the City shall deduct from Contractor's next monthly payment, the
City's actual or estimated cost of performing the work to bring the property into
conformance with the specifications. Additionally, City shall impose liquidated
damages of up to $300.00 per inspection, per park not meeting the specif cations
during any such inspection.
III. EXTRA WORK
It is the City's intent to keep parks and other public xecreational sites in a beautiful and e:~ceptionally
well maintained condition. It is also the City's intend to continuously improve parks and public
recreational sites until they are the best in the county. It is with these intents in mind that the Director
may consider authorizing extra work.
A. Damage or malfunction to plant material or irrigation system equipment (from valve to
water meter), with the exception of irrigation heads and lateral lines, by any of the
following maybe considered outside the scope of this Agreement:
25C-34
(1) Acts of God
(2) Civil Disorder
(3) Vehicle Collision {excluding Contractor and its employees and subs)
(4) Excavation or re-surfacing of the street
(5) Power failures
(b) Underground wiring damage
Contractor will not be considered responsible for replacement. Contractor must demonstrate to
the satisfaction of Director that one of the above occurred in order to be excused from
performing under the Agreement.
B. Requests for Extra Work -The Director may request that the Contractor submit proposals
for extra work in order to improve the grounds-landscape in the contract sites. The Contractor
shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Attachment
7). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra
work pricing {that is a part of this agreement) in order for the proposal to be considered. City
reserves the right to requests materials/equipment receipts with invoices. All labor shall be
quoted on a "not to exceed" basis and City will only pay for labor actually incurz•ed.
25C-35
25C-36
ATTACHMENT NO. 1
SUB-CONTRACTOR
BALL DIAMOND IN-FIELD MAINTENANCE
1.0 Scope of Work
1.1 State of California Licensed C-27 Contractor specializing in Ball Diamond In-Field
Maintenance shall provide in-field brickdust maintenance for nine (9} BasebalUSoftball
Diamonds per the specifications and conditions listed below:
2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site
2.I Riverview Park
2.1.1 One (1) 60' base path Major Little League diamond with skinned brickdust
infield.
2.1.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust
infields.
2.1.3 One (1) Minor Little League diamond with sport turf and brickdust infield.
2.1.4 One (1) T-Ball Little League diamond with sport turf and brickdust infield
2.2 Rosita Park
One {I} 60' base path Major Little League diamond with skinned brickdust infield.
2.3 El Salvador Park
2.3.1 Two (2) 60' base patch Little League diamond with skinned brick dust infields.
2.3.2 Three (3) base patch T-Ball diamonds with skinned brick dust infields.
10 Total diamonds at 3 park sites.
3.0 Schedule of Work to be Completed
3.1 Riverview Park S Days per wk, Feb 1St to July 1 Sth
Minimum 1 Day per wk {in-house crews) July 16th to Jan 31St
Rosita Park S Days per wk, Feb 1St to July 15th
Minimum 1 Day per wk (in-house crews} July 16tt` to Jan 31St
El Salvador Park S Days per wk, Feb 1St to July 15th
Minimum 1 Day per wk (in-house crews) July 16th to Jan 31St
i
i
25C-37
4.0 Field Composition Mix (Brickdust} To Be Used When Maintaining In-fields.
4.1 Field In General
4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana
ball field, the specific type of material to be used is: Pro Gold Infield
Mix with stabilizer from Gail Materials {951) 279-1095.
4.2 Pitchers Mound/Home Plate/Basepath Areas
4.2.1 When adding a mix with a higher clay composition material to any
pitcher's mound/home plate/base-path area, where a sport turf infield exists, the specific
type of material to be used is: Hill Topper Home Plate and Mound Mix by Stabilizer
Solutions.
4.2.2 When adding a mix with a higher clay composition material to any
pitcher's mound/home plate/base-path area, where a skinned infield exists, the specific
type of material to be used is; Ballyard with Stabilizer by Stabilizer Solutions.
5.0 Equipment
The contractor shall provide and have "on hand" at alI times during the brickdust maintenance
operation the following equipment.
S.I Utility Vehicle
Small tight turn radios (13') vehicle designed especially for this type of work. This
vehicle shall have the capability to make circle and f gore eight patterns completely
within the skinned brickdust infield area and not trespass onto adjacent turf areas.
Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu maybe acceptable.
5.2 Draus
5.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The
drag shall be made of heavy-duty steel capable of carrying additional
weight {`s}. Digging teeth shall be hardened and pointed and be %2" in
diameter. full chain shall be included.
5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the
skinned area. The leveling drag and cutting blades shall be made of
galvanized steel. This drag shall feature cutting blades that are
adjustable and capable of cutting down dirt build-up {high spots) and
depositing dirt into holes (low spots) creating a smooth and level playing
surface. Pull chain shall be included.
5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a
daily basis and lighter/gentle movement of brickdust. This drag shall be
galvanized metal "door-mat" link. Pull chain shall be included. Drag
shall be 6' in length by 6' in width.
25C-38
5.3 Other Equipment
5.3.1 Hand Tamp: 201b. variety with 48" min, handle. Used to compact worn
areas around bases, home plate and pitching mound.
5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help
prevent wet clay from sticking.
5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be
made of aluminum, 36" wide and a 6' handle.
5.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and
Scoop shovels.
5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to
1 "top quality construction with 225-psi working pressure. Leaks of any
kind are not permitted. Contractor shall have a minimum of 175' of hose
on hand at all times.
5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust
and push excess brickdust off turf edges.
5.3.7 Industrial Push Broom: Used to remove excess brickdust from turf
edges. Shall be 24" min, wide with heavy-duty dual weight bristles.
5.4 Wet Conditions Equipment" (Add to equipment above}
During periods of inclement weather or when the areas are wet the contractor shall have
"on-hand" during all brickdust maintenance operations the following items:
5.4.1 Squeegee: Used to push squeeze water off wet areas or into dry areas or
drains. Shall be 24" to 36" wide with neoprene blade and
magnesium/aluminum head.
5.4.2 "Super Sopper": Used to collect standing water in brickdust areas. Shall
be drum type with exterior sponge and arm holding drum.
5.4.3 Diamond or Beckson Purnp: Used to remove standing water in brickdust
areas. Shall be plastic with flexible piston and value.
5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water
in brickdust areas. Sopper shall be geotextile-covered sponge typical for
absorbing chemical spills.
25C-39
b.0 Meetings
b.1 Contractor shall provide City of Santa Ana staff. with a contact person and a phone
number to reach the contact person from the hours of 6:30am - S:OOpm, Monday -
Saturday.
6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This
site supervisor shall meet with staff one (1) time per week at a time and place agreed
upon by both patties for as long as the contract is in effect to discuss any
problems/concerns that may arise and any goals for the day/week.
6.3 In November of each year for as long as the contract is in effect, Contractor shall
personally meet with staff, along with the designated site supervisoz•, to discuss and
outline schedules for "Annual Renovations" (listed in Section 10.0).
7.0 Daily Infield Maintenance
7.1 General
7.1.I Contractor shall remove all litter, broken glass and hazardous debris
from infield and dugout areas.
7.1.2 Contractor shall keep brickdust and dugout areas in a weed free
condition.
7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they are
100% free of brickdust or any other debris.
7.2 Maintenance Procedure
7.2.1 Retain smooth and level playing surface, using the following daily
procedure. The contractor shall remove all bases before beginning any
work on in-field and re-install after all work on in-field is completed.
7.2.2 After removing all bases, the contractor shall scrape/wire brush all base
post anchors and base inserts. This will help facilitate the base removal
and installation.
7.2.3 The Contractor shall rake/shovel loose material from high spots back
into low spots/worn areas on running paths, sliding zones, and any other
low spots/worn areas appearing on the field before any watering or
dragging shall take place
7.3 Home Plate Area/Batters Box Area Holes
7.3.1 Sweep/Rake away all loose brickdust.
7.3.2 Wet area until moist.
25C-40
7,3.3 Scarify area (`s) [batters box hole{`s}] with shovel. This will help the
mix bind better.
7.3.4 Ina 5 gallon bucket mix "mound mix" with water to desired consistency.
Do not use infield mix for this purpose.
7.3,5 Backfill "mound-mix" material into hole(`s),
7.3.6 Tamp the area firmly with steel tamp.
Note; The #amp will be most effective if you cover the bottom
with plastic. Tape the plastic to the tamp handle. The
plastic keeps the clay fiom sticking to the tamp's bottom.
7.3.7 After tamping and compacting the "mound mix" covers areas with
infield brick dust.
7.4 Pitcher's Mound
7.4.1 Follow same procedure for repair of home plate/batters box area utilizing
dry "mound mix" for this purpose. Do not cover with infield mix.
7.4.2 Add to the above the following; Rake all loose material fiom bottom to
top and cover with "Mound Mix".
7.5 General Brickdust Skinned Infield Areas
7.5.1 After raking/shoveling loose material from high spots back into low
spots/worn areas on running paths, sliding zones, and any other low
spots/worn areas appearing on the field, the Contractor shall fill all
remaining low spots with new Gail Materials "Pro Gold with Stabilizer"
brickdust from stock and make level,
7.5.2 The contractor shall clean all excess brickdust beneath or next to the
backstop, dugout chain link fencing and/or infield chain link fence lines
so that the infield brickdust is level with the dugout pavement and
pavement outside the infield.
7.5.3 Lightly water entire infield before dragging.
Note; Watering shall penetrate brickdust to a minimum depth of
1/8" deep min. This process is crucial to keeping
brickdust in place and not going air borne.
7,5.4 Drag infield utilizing small utility vehicle as specified with "grooming or
finishing drag". Circular or figure eight drag patterns shall be used (see
details 1-A & 1-B). Alternate drag patterns or reverse direction of drag
patterns daily to avoid ruts and high/low areas. Speed of drag procedure
shall not exceed 7 mph.
25C-41
7.5.5 When dragging the skinned infield, the contractor shall stay away from
all turf edges a minimum of 18". This will help in avoiding lips at
brickdust/turf edges. This 18' gap shall also apply to all backstops and
chain link fence areas.
7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust
infields.
7.5.7 When the dragging process is complete, the contractor shall stop the drag
in a different location daily. This will stop the accumulation of brickdust
in focused areas. At this time roll-up the drag, place it on the vehicle and
remove ail debris accumulated in the drag at this spot and rake out
material emptied from dray.
7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming
rake". The rake shall be held at an angle as to not push brickdust
onto/into twf areas.
7.5.9 After raking the I S" edges, the contractor shall clean all excess brickdust
on the turf edges utilizing a high pressure water one (1) time per week.
N4 brickdust shall be permitted on the turf edges at any time. If in the
determination of City staff, an unsafe lip situation exists {an unsafe lip is
%2" or greater) in any turf/bz•ickdust border area infield to brickdust, base-
paths or brickdust to outfield), contractor will be required to remove or
level the soil build-up with a sod cutter and re-establish the in-field
boundaries with a string line or suitable method and re-sod up to the
border to remedy the situation at contractors expense. Pre-existing
conditions shall be corrected during contract start-up.
7.6 Final Watering
7.6.1 This is the mast time consuming and a very important element of the
procedure.
7.6.2 The contractor shall final water the skinned brickdust to a depth of ;/a"
minimum.
8.0 Rainy Weather/Wet Field Procedure
8.1 On the next scheduled working day after a rainfall, the following procedure, in the order
listed, shall be adhered to:
8.1.1 Remove all standing water from low spots either by skimming off excess
water and spreading it out to dry areas or using a pump/sopper system.
8.1.2 Rake out (scarify) wet areas.
25C-42
8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials
from stock to all Wet Areas and Rake Out.
9.0 Work to be Completed "BI-MONTHLY"
9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag
built up amounts of materials at high spots and cut and level drag the scarified material
to low spots. The Contractor shall fill any remaining low spots with new Gail Materials
"Pro Goid with Stabilizer" Brickdust from stock and make level.
Note: Staff shall identify areas to scarify/cut and level drag to
the contractor at weekly meetings with contractors
appointed site supervisor {as per section 6.2 of contract).
9.2 Heavy water scarified and cut and leveled areas to a min. depth and allow settling in
before play on field.
Note: Due to heavy watering and its need to settle before play,
staff shall provide a schedule of bi-monthly scarify/cut
and level drag dates to contractor.
10.0 Work to be Completed "ANNUALLY"
10.1 Each year, the following renovation is to be done on all fields in conjunction with the
City's Annual Sports Turf Renovation Schedule. Fields renovated may change from
year to year.
10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify
drag built up amounts of materials at high spots and cut and level drag
the scarified material to Iow spots. The Contractor shall fill any
remaining low spots with new Gail Materials "Pro Gold with Stabilizer"
Brickdust from stack and make level.
Note: Staff shall identify areas to scarify/cut and level drag at
the November meeting with contractor's owner (as per
section 6.3 of contract).
10.1.2 Contractor shall verify all base distances, pitching rubber distances and
pitching mound heights per the Little League, Pony/Colt League
specifications for each specific field. Contractor shall repair any
specifications not being met on any field.
10.1.3 In addition, contractor shall install 1l2" new Gail Materials "Pro-gold
with Stabilizer" (Brickdust) to in-fields at alI diamonds (minimum 2b
tons per Girls SoftbalUMajor Little League Field and minimum 40 tons
per Junior/Senior Little League Field). Also, the contractor shall install a
minimum of 1 ton of Turface calcite clay per Girls SoftbalUMajor Little
League Field and 2 tons of Turface calcite clay to Junior/Senior Little
25C-43
League Fields Responsibility for and purchase of necessary materials
shall be at contractor's expense.
Note: The City has the right to move brickdust and Turface
materials to other infields under this agreement should
they decide that an infield or infields do not require
additional materials a particular year.
11.0 Work To Be Completed "AS DIRECTED"
11.1 Replace Base ANCHORS as directed. (This will be considered extra work.)
Note: City of Santa Ana use's the Hollywood base anchoring
system. Contractor shall install base anchors into the
ground per manufacturer's standards. Top of stake shall
be approximately 2" below the surface grade so that the
base sits level and flush against the surface on all sides.
11.2 Replace Bases as directed. {This will be considered extra work.)
Note: City of Santa Ana shall be responsible for supplying all
necessary base anchors and/or bases to the contractor as
needed.
11.3 Replace or Remove/Level/Re-Install home plates as directed.
11.4 Replace or Remove/LeveURe-Install pitching rubbers as directed.
Note; City of Santa Ana shall be responsible for supplying all
necessary home plates and/or pitching rubbers to the
contractor as needed.
11.5 When given direction to complete "as directed" work, contractor shaIi complete the
directed work on the next working day.
12A Inf eid Turf Maintenance
12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 3b"
beyond the infield brickdust skin line/arc. Infield turf shall be mowed three {3) times
per week February -August and one (1) time per week September -January.
12.1.1 Contractor shall use a "greens" reel mower to provide "putting green"
quality finish cut.
12.1.2 Infield turf shall be cut between and 3/a"per staff s direction.
12.1.3 All turf clippings shall be collected and disposed of.
25C-44
12.2Infield turf shall be irrigated to maximize healthy growth of the turf while conserving
water. Over watering will not be acceptable.
12.2.1 Contractor shall check and program the automatic irrigation controller
minimum one time per week,
12.2.2 Contractor shall provide any areas of the turf supplemental watering
using a garden hose on an as needed basis to assure a high quality turf
infield.
12.2.3 Infield turf shall be fertilized one (1) time per month February apply
Nitro King 22-4-4 and March, April, May, June, July, August,
September apply Turf Supreme I6-6-8 at a rate of one {1} pound of
actual nitrogen per 1,000 square feet of turf.
12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical
broadcaster. No hand distribution will be allowed.
12.2.5 Immediately following fertilization the Contractor shall water in the
fertilizer to avoid chemically "burning" the turf.
12.3 Infield turf shall be aerated using a walk behind piston type aerator two (2) times per year,
in January and July. All cores shall be removed. Dragging of cores is not permitted.
12.4 Infield turf shall be kept weed free at all times.
12.4.1 Any grasses other than the original hybrid Bermuda installed in the
infield shall be eradicated immediately upon notice. The Contractor may
choose the method of eradication, however, may not damage the turf.
12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The
Contractor may choose the method of eradication, however, may not
damage the turf.
12.5 Infield turf shall be kept free of disease and rodents at all times.
12.5.1 The Contractor shall be responsible for identifying and treating any diseases or
rodents immediately upon notice.
12.6 Infield turf annual renovation
12.7 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers
straight blade reels; 2) mowed to high immediately following verticutting; 3}
overseeded during spring/summer with LaPrima XD Bermuda Seed at a rate of 8
pounds of seed per 1,000 square feet and fall/winter -Stover Seed Company Grand
Slam seed at eight (8) pounds per 1,000 square feet; and, 4) top dressed immediately
following seeding by Aguinaga Materials using "Santa Ana Top Dress Mix."
25C-45
12.8 All infield turf edges including the arc skin line, base paths, pitchers mounds, etc., shall
be edged one (1} time per week. The edged lines shall be straight and, where curved
lines are required, the arcs will be a tzue radius.
13.0 General Contract Provisions
13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the
work outlined in the contract. There will be na available storage for equipment.
Contractor will be responsible for bringing in and then removing all equipment
necessary to carry out the work outlined in the contract.
25C-46
ATTACHMENT 2
25C-47
25C-48
ATTACHMENT 3
City of Santa Ana, Park Maintenance
Agromonic Plan 2008
Application
Trt dates T e Maintenance Descri tion unit of measure
1 anua G Winter Fertilization lb
Feb 15 -
2 March 1S G Late Winter Fertilization lb
3 Aril G S rin Fertilization SCU Ih
4 June G Fertilization SCU lb
5 Au ust G Fertilization SCU lb
6 October G Fall Fertilization Fall lb
Late Nov
7 Earl Dec G Late Fall Fertilization lb
IPM and Misc
A lications
A Janua L Preemer ence Crab rass Control 1st a oz
B anuar G Fertilization with reemer ent lb o Lion
Backpack Systemic BL Weed Control as needed (fl
C Ail ear L oz.
D A r & Oct L General BL Weed Control as Needed fl oz
E Mid A ril L Preemer ence Crab rass Control 2nd a oz
Optional Pre and early Post Crab Control (oz) in 5 oz
F Mid A ril L ouches
G Mid A ri1 G 0 tional Pre and earl Post Crab Control lb
H Mid A ril G 0 tional Pre and earl ost Crab Coltrol lb
I Aril - Ma L Sed e Coltrol as needed oz
J une - Au ust L Sed e Su ression as needed oz
K Ma -une G Grub revention lb
May - Spurge and black medic preventative
L October L contact ostemer ence fl oz
M Ma une L Grub reactive
N All ear L Coltrol Of Oxailis as needed fl oz
0 Au -Oct L I{ilzu u rass 2 to 3 a s 4 weeks a art
P jul -Oct L Pastemer ence Crab rass Control fl oz
Au - Se t. L Preemer ence Poa annua Control oz
R Au - Se t. G Granular 0 Lion Pre oa annua control lb
S Au - Se t. G Granular 0 tion Pre oa annua control lb
T Nov -Dec. L Postemer ence Poa Control fl oz
25C-49
ORNAMENTAL
PROGRAM
Application
Trt dates T e Maintenance Descri tion unit of measure
At color
1 chap e G Fertilization of seasonal color 75 oz SF
2 an -Dec. G General shrub and round cover fertilization 1b
3 an L Pre emer ence bed weed control-broadleaf oz
4 Set L Preemer ence bed weed control-broadleaf oz
5 an L Preemer ence bed weed control- rasses oz
b Set L Preemer ence bed weed control- rasses oz
Ornamental bed, broadleft and grassy weed control
7 an and Se t. G o tion
IPT and Misc.
A lications
1 Mar - une L Post emer ence rass control as needed fl oz
2 Ma & ul L Pre emer ence sed a control as needed fl oz
3 As needed G Snail and slu control oz
Post emergence non-selective systemic weed control
4 an-Dec. L oz
Post emergence non-selective contact weed control
5 Nov -March L fl.oz
A an - A ril L A hic, Whitefl other suclcin insects oz 100 al
B Jan -March L Olive Fruit control fl.oz 100 al -at color than e
C As needed L Insect control eneral fl oz 100 al
D As needed L Insect control eneral al 100 al
E As needed L Mite control fl oz 100 al
F Aril - Au ust L Whitefl control on Hibiscus X losma fl oz 100 al
G As needed L Powder mildew control as needed fl oz 100 al
Phytophthora root rot and overall chlorotic plants (fl
H All ear L oz 100 al
PLANT GROWTH
CONTROL
<48 hrs after
shear L General lant material as needed fl oz 100 al
<10 d after
K shear L I , 'asmine, hone suckle fl oz 100 al
i/park services/park operation/poadm/excell/irvine agromonic plan 2009
i
25C-50 I
ATTACHMENT 4
ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION
Before each annual planting the area should be tilled 8 to 1 b inches deep. Organic matter in the form
of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator II
may adjust this if adequate organic matter is already present in the soil but the successfiil bidder must
be prepared to incozporate this organic matter at every color rotation. Organic matter must comprise
25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8"
depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio
of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive
vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to
maintain a robust appearance and maximum flowering. After incorporating organic material and other
supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material
must be removed from the bed.
During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding
soil. Begin planting in the center of the bed and keep traffic in the worked sail to a minimum. Make
the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it
was growing in the container. Smooth out the soil around the plants after planting, including
footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper
for larger pots).
Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent
basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free
condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must
be in a straight alignment at the time of planting. Plant species that may be planted at different times
of the year may include but not be limited to the following annual bedding plants:
• Spring/Summer -April through October 1
Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens,
Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias
• Fall/Winter
Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus
Vandalism
Contractor shall check annual color beds daily (Monday through Friday). If plants are missing
or vandalized, the Contractor shall provide the City's representative with a proposal to replace
missing/damaged plants. After the City's Representative signs the proposal, the Contractor
shall then replantlreplace missingldamaged plants within 48 hours.
The City's contract administrator shall be the sole judge of whether the above specifications are
met. The contract administrator shall also approve the types and combinations of color bedding
plants prior to installation.
25C-51
25C-52
At~achmen#: # 5
nn~n~o~?N~unn
M/sslon: ~aucation IJr
1''0 lgfpro ve The quality of Nfe of prose who vlslt parks,
blkoways, and public reergatfo»a/ fac!//f/es by provid/nq Pam Serv€ces D€v€s€on
quality customer servJce M an atnasphere of continuous Parks, Recreat[on, and Community Services
improver?tet?f and strop employee devehpmenf. Agency
To: Mike Lopez Date: January 49, 2048
From; Loren Rossignol
Subject: Monthly Water Management Report For pecember 2008
Purpose: To improve our wafermanagement practices through education and Technology, and fo insure the
effrcienf and responsible use of ourwaterresouroes.
I. Data raecording and methods of collection
Data is recorded by 57 Calsense model ET 1, ET2000, and 2100 confrollers that have flow meters.
The data Is collected by a central computer or is manually downloaded to a laptop computer. A1E other
sites are recorded by City water meters and manually read.
The da#a contained in Section If of this report was derived from 12 Calsense 2100
irrigation controllers that utilize moisture sensors.
Ii. Savings due to moisture sensing DecemberSAVINGS:
Gallons: 703
Dollars: $ 2.15
Ill. Usage in gallons for Calsense sites
PARKS,131KI=lNAYS, & PUBLIC FAG'S 1,358,911 $4,144.68
MANUAL /TEST & NON CONTROLLER 167 700 $ 51'{.49
THORNTON PARK IRRIGATION & LAKE 664 672 $2,027.2&
COMBINED USAGE I±OR ALL SITES 2,191,283 $8,683.42
December 2008
COMBINED USAGE FOR ALL SITES 4,977,$53 _ $13,873.27
November 2008
IV. Usage in gaifons for non-Calsense sites
PARKS 1 213 256 $3,700.43
CENTENNIAL PARK & LAKE 492,932 $1,503.44
CIVIC CENTER NA NA
BIKEWAYS NA NA
• Page T
25C-53
V, December 2x08 & 2007 calendar month CafSense combined usage comparison.
YEAR USAGE MANUAt1TESTlt~lON f 1'0 PJ~T.
2008 2,191 283 or $6,683.42 167,700 or $511.49 1.67" 3.14"
2007 3 469,520 or $8.677.27 396,468 or $991.57 2.17° 4.64"
MAWA: (Maximum Applied Water Allowance) The calculated "not to exceed° limit of annual applied water for
a mature landscaped area. MAWA does not consider rainfall.
F~#W: (Ps#imated Applied Water) A projection of the amount of water that should be supp#ied to a landscape
by the ir~gaUon system, as measured by a water meter. to any month when Effective Rainfall is received, it
may substitute for applied water.
Jerry 8arela Richard Ortiz
Kevin Clark District It/MERCHANTS
Juan Garcia District lV/MASTERS
Paul Johnson VISTA DEL VERDE
t=ile
• Paget
7
25C-54
vizr2oos t]ecember 2W$ 1
CALSENSI~ CbNTROLL~R
USAGE (Gallons) CoIVIpARISON
FACILITY MANIfteST NON TOTAL CObT PRGMD APPLIED FiCF
BOMO KORAL "A" 444 - - $ 0.86 2,8 0 . , a
BOMO KORAL "B" 488 - 488 $ O.SS 18,847 ~ 25 29
CITY YARD "A" 0 $ - NA NA #VAL !
CITY YARD "B" 17,078 0 ~i:~:='~ a¢-1.T,-Q78 $ 33.15 32,568 32,588 66 #VAtUEI
DELH! PARK 85 0 65 $ 0.13 70,872 70,872 95
DELHI CENFER A' 5,859 f';;:• `1,.Y:Y $ 11.37 38,097 36,097 58
DELH! CENTER'S' 4,916 ~~<„ti,~~
3a`'i~:.. $ 9.54 20,819 20,819 4 90
HE f A PARK 18,688 153 a~°~s„
~ `ia~>~t. 1 $ 32.89 111,826 i 41,628 172
LAWN BOWLING 0 22,800 =n?'°, -'8 , ~ $ 44.25 16,902 18,902 53
LILLIE KING 8,466 0 8,466 § 16.43 88,532 88,532 130
MADfSON PARK 7,775 1 ~ % $ 15.09 27,541 27,541 47
ROSETA PARK "A" 16,974 0 ' $ 32.95 114,819 114,819 176
ROS?TA PARK "B" 0 72 72 $ 0.14 47,853 47,853 64
SANDPOINTE PARK 2,840 50 2,890 $ 5.61 53,596 53,598 76
SANTAAN! A PARK 0 $ - NA NA #VALUEI
IRC P K 708 1,555 °;;--:sda;.;;;~.,; _ $ 4.39 21,889 21,8 32
MEMORY LN. 0 1 1 $ 0.00 10p43 10,043 13
PORTOLA PARK 2,510 991 ~ 1: $ 8.80 3A21 23,021 35
A SPARK 0 - NA NA # ALUE
CENTENNIAL "E" 0 3,643 ';'•:.4~.. 64 , $ 7.07 17,248 17,248 28
CENTENNIAL "F" 57 5,339 ~R5, : ; , $ 10.47 0 0 7
DANYOUNG'A" 745 2,827:;Y•f~=~"•~ ;~.7~ $ 6,93 23,166 23,168 36
DAN Y UNG "B" 0 2,978 T:;:
~ , ~~2.;97f $ 5.78 0 fl 4
DAN YOUNG "C" 110 245 855 $ 0.59 5,5'15 5,516 $ 4
JEROME PARK E, 34 1,360 1,394 $ 2,71 67,028 57,028 78
JEROME PARK W. 110 3,635 3,745 $ 7.27 140,537 193
MEMORIAL PARK"A" 9 8 $ 0.02 16,551 ~ 22
MEMOR{AL PAR "B" 19 19 $ 0.04 32,339 ' 43
MEMORfAt PARK "G" fi70 3,779 4,449 S 8.64 180,904 248 13
S.W. SENIOR CNTR. 47 205 252 $ 0.49 28,825 26,625 36
BUILD N "12" 0 $ - NA NA #VALUEI
CITY HALL PKG. 81D OS 208 $ 0.40 3,826 3,826
CORONER'S FAC. fl i0 10 $ 0.02 6,883 6,883 9
COURT HOUSE SO. 0 $ - NA NA #VALUEi
ROSS ANNFJt 0 $ - NA NA AL EI
LIBRARY 403 538 941 $ 1.83 12,583 : ~ 18
OLD COURTHOUSE 2,391 0 2,391 $ 4.64 27,243 27,243 a0
SASSCER PARK 0 24,536 =R •,.';24,59fi $ 47.74 4
S EAM PLANT 0 0 0$ - 0 0 0
DE BI E TRA - p 0
ELDRiDGE PARK 4 0 0$ - 0 0 0
FLOWER ST. BIKE 0 0 0 $ - 5,128 5,128 7
GREENVILLE BIKE 693 191 884 $ 1.72 53,137 BO
PRENTICE, AMAZON 0 $ - NA NA ALUEi
PRENTICE, AVIARY 0 $ - NA NA #VALUEI
RAI ST. BIKE 0 $ - NA #VALUEI
RTC PARKING 0 2,312 2,312 $ d.49 2,636 2,636 7
ADDLEBACK VIEW 114 0 114 $ 0.22 44,838 44,636 60
SANTIAGO BIKE 0 $ - NA NA #VALUE!
O A ,42 7 ,279 167,700 $ 360.51 1,359,61b 1,358,9 2,
Exceeds 1t1% of Applle0 Conirol[ers w!
moisture sensors
" L.B.C.N. is oxempt
~'{D•~
25C-55
WATER BUDGET
MAWA - EAW APPLIED COMPARISON
CALENDAR YEAR 2008
SAE JAN FE8 MAR aAR µAY JUN JUt AUG S~ OC7 NOV DEC
MAWA 448 550 754 9!7 937 1100 1263 1243 958 754 503 408
eaw 0 50 502 983 1238 1297 i55t 1526 950 694 163 23
HYDROCAP-0 HCF aprum s82~,t. '-~'7..-'.:r 320 484 561 667 833 885 732 4 +n
11AWA 323 396 543 681 675 793 910 895 830 543 387 294
eAw 0 0 263 549 723 752 903 888 541 333 87 0
HYDROCAP3 HCF APFUEA !!s, . 3~~ . s . _ z~>~ 373 616 'q.` 4i~~Z. 3 € ~ ~ i`• +y
MAWA
FAW
HYDRDCAPA, HCF arruF~ NA NA NA NA NA NA NA NA NA NA NA NA
Mawa 307 377 517 828 642 754 866 852 65 517 349 279
Faw 0 278 827 868 961 1178 1067 658 554 i32 2i
HYDRQCAG-0 HCF ArruEO x : 'r
z 272 386 391 426 834 b79 397 . _88a
RAWA 82 i73 155 158 193 22T 280 266 187 155 105 84
EAw 0 B 83 156 201 208 _ 260 246 152 109 26 4
HYDROCAYS HCF aaF?.i® NA ` s_:3. t ~ 140 w ~ ~ ? ~ n ..s _ _ ~ . ~ ' ' k
MAWA 110 134 184 224 229 2fi9+ 309 304 234 184 124 400
eaw 0 11 118 22t 285 235 355 349 215 155 37 5
HYDROCAP•6,HCF arpum 0 -~F:48~ 6fl 223 250 273 3tlS 324 787 h~ ~r:,t.. ~4.. ~•~c
NAWA 368 449 615 748 765 838 1031 1014 782 6S5 416 333
eaw 4 23 342 711 918 883 1469 1150 725 542 710 15
HYDROCAP-SO,NCf ApPlleo -Z;•:. ~ 3 a~:'t4 133 73 549 b62 b68 402 449 453 i~~t r
+rawa 73 8 123 149 152 179 205 282 156 123 83 6fi
EAw 1i 26 88 171 208 249 282 255 162 119 40 17
HYOROCAP-0 cF APMIED ~~1 ~ D _T-:40.~:4 ~ ~L ~ ~ ' ,r V`, • t` . ~a ~ :ti:~. 53'*=
Mawa 648 795 1090 1328 3355 1590 1826 1796 1384 1090 736 589
Eaw 0 56 591 1107 t42S 1477 1773 1745 1075 775 18T 2T
HYDROCAP-0 HCF aFruEO cd~'B~z'' - 341 636 991 NA NA NA NA NA NA .`=13.i~''•
r~Awa 194 239 327 398 406 477 548 539 475 327 22i i77
Faw 0 23 i56 342 406 433 523 493 310 236 59 t0
HYOR P-lOHCF APPoJBD 24 82 132 20a 263 299 232 223 237 -:>g8Z7'~~~
Mawa 252 309 424 516 527 618 710 633 538 424 286 229
eaw 0 30 243 650 774 832 1088 954 583 458 76 12
HYDROCAP•Y6HCF aPPL1ED 34 iz~l $ :1s ;,:h ~ 18 9';`90 38S NA NA NA 340 Ss. `
IAAwA 378 461 632 769 766 923 1080 1043 803 532 427 342
eaw 0 25 327 676 850 892 1073 1043 642 _476 105 7
HYDROCAD.74HCF AVPUED '''''.:iT? ~r~ 7 ?-~;3 NA NA 848 860 840 ~5~'4:; 3't x'453;="-~~230;
yawn 288 36881 501 609 623 73 840 826 636 507 33 • 271
eAw 0 26 273 512 859 683 820 807 49? 358 86 t3
HYDROCAP.O HCf aartreo ''~22'-` "'r 126 372 164 517 609 544 'R 9'~`` °;xd7~'t' :T44'•' ::~7'fi=`~
rwwa 244 299 410 498 509 598 687 678 52i 440 277 222
eaw 62 74 142 i85 183 186 223 219 747 i0t 74 56
HYDROCAP~O HCF APPUEa NA NA NA NA NA NA NA NA NA NA NA NA
Tola1FJ+W 77 412 3414 7050 8740 9218 9090 7$30 4852 4098 901 154
Total Applied 722`:'';. $0.9; 3328 4263 5306 5483 5837 5550 4477 ~ :•5i$5<j :2331;;<..; 9986:
~B•~
25C-56
WATER SUDGI=7
MAWA -EAW APPLIED COMPARISON CALENDAR YEAR 2008
Sl7E JAN FE9 AFAR APR kAY JUN JUL AUG SEA OCT NOY 4EC
MAWA
eAw
HYDROCAP-0HCF APPLR3a 30 65 96 i68 1T5 T3 NA NA NA NA NA NA
MAwA
EAW
HYDROCAP-0HC~ APPIIEO 28 23 80 .3=< 88 89 94 81 67 55 62 9
MAwA
EAw
HYDROCAP-0HCF APP~xn NA NA NA NA NA NA NA NA NA NA NA NA
MAWA
EAW
HYDROCAP-0HCF APPLIED NA NA NA NA NA NA NA NA NA NA NA NA
MAwA 48 56 76 9 95 112 128 126 97 T6 52 41
raw 0 6 33 103 113 128 155 143 91 76 15 2
14YnROCAP-0NCF APPUEO 29 ~ '~x` s9 . ~ '
MAWA
EAW
HYDRt1CAP-0NCF APPtlEO 19 14 64 158 171 178 221 196 130 108 43 40
MAwA 86 106 145 176 180 212 243 239 184 145 98 78
eaw 0 4 27 81 81 104 124 117 75 63 12 1
HYDROCAP-0HCF APPLIED 7$~ :??a~ 4~rn,; ; ~~4r 'IOO 39 104 ';~-i _ " - . =y.:3 ;t^ 0
MAWA « 38 46 64 77 78 93 107 105 812 ,64 43 34
PAw 0 5 24 72 78 84 103 93 57 48 12 2
HYDROCAP-0 HCF APPIJED `3 5 ` 72 74 87 53 ~ ' NA NA NA
MAWA
6AW
HY6ROCAP-0 HCF APPLIED NA NA NA NA NA NA NA NA NA NA NA NA
Total EAW 0 15 84 256 280 316 382 353 223 139 _ _ 27 5
Total Applied , :r69; 33';,"r~~90,. ~3d5 :'t ; 3~3 • ,3~If; 332;.`:~,~L~' , ..~d1.,, . L,8.2 9~5.•`.?;'~f8=
T~~
25C-57
waTER euocET
MAWA - EAW APPLIED COMPARISON CALENDAR YEAR 2008
SRE JAN PEB YAR APR NAV JUN JUL AVO 5£P QC7 NOV flEC
Nawa 79 98 434 483 i66 195 224 220 170 134 90 72
Eaw 0 0 42 103 139 145 175 172 t03 76 8 0
HYDROCAP•40HCF APPLIED .ks 0 "f$~~ ~ 4' 1• %.wf~`~~ ='d-
NAwA 123 t51 207 251 2S7 302 348 341 262 207 140 112
eaw 0 12 108 225 287 3i3 370 304 234 176 38 4
HYDROCAP-0.HCF APPLIED ; 1 t'' 223 292 216 277 • - $ °rLI ~
s'= 2r
HAWA •348 427 585 711 727 854 980 864 743 585 395 316
yaw 0 38 332 673 83.7 880 1056 1028 635 d72 112 18
HYOltOCAP•1 HCF APPLIED r.. - 6 - _ 1004 -ti s•- 9
MAWA 93 t15 157 i91 i95 229 263 258 200 157 i 8b
Eaw 4 5S 130 1B6 185 218 214 1 107 18 2
HYOROCAP•6,HCF APPLIED 4 S 103 149 34 106 141 8 12 6 -
>,rAwa 353 434 594 723 739 867 99B 980 755 b94 402 321
EAw 4 22 293 682 806_ 858 1035 994 612 465 97 11 -
HYDROCAP•Y6 CF APPLtEO 2 2 ~ " 801 884 ~ I~ ~ . i ' :r
NAwa 77 95 i30 158 182 t90 218 215 165 130 88 70
eaw 0 4 43 i06 f40 153 18i 179 113 87 13 2
HYDROCAP-6.HCf APPLIED 3 2 - ~ ~ t _ ~ ' 107 - -
Nawn 275 337 462 562 575 674 774 782 587 462 312 250
e;nw 0 0 218 504 S72 706 847 833 509 378 47 0
HYOROCAP-0,NCF APPLIED ,!s ~ 'a~~: ti> ~:c ~ ~ ~ b " . + 5''~LSU~~
MAWA 78 85 130f 159 182 190 218 215 i66 130 86 71
eaw D 8 47 130 157 180 214 201 134 110 22 3
HYDROCAP-0HCF APPUeD %`t<7:-. 2 F'r Vii''- ~1 `c'' ? i 182 182 ti. '~.t9~ z; 3;
HAWA 242 298 408 496 ~5 7 585 S83 672 518 40 27 220
Paw 0 0 182 383 501 528 831 821 383 282 5i 0
HYDROCAP• HCF APPLJEO tt 1 1 Oti C ~Z - - - k t t
~:tl `Si
HAWA 466 571 783 952 974 _ 1143 1312 1291 ~ 995 783 529 423
Eaw 0 15 247 669 853 905 1091 1052 834 483 48 5
NYOROCAP•b,HCF APPLIED i+ 3 141 608 ;~.8' s: i= ~ 1034 811 *~9 i~. 1~~';
HAWA
eAw
HYDROCAP-0 HCF APPLIED NA NA NA NA NA NA NA NA NA NA NA NA
NawA 236 283 397 482 493 579 664 S54 504 397 286 214
Enw 0 21 228 433 558 582 697 S86 425 303 73 10
HYDROCaP-0HCI~ APPL!£o ~-:7 21 ~ 632 fl 811 811 407 ?t• 1i? `:4'
7ota1 F.AW 0 124 1798 4027 -,5120 5437. 8517 5344• 3917 2945 525 55
Total Applied !'7>f8' S5 ~d12=:49$9.`•',597.9• 5:74; 6339r67'¢t3;; 4~43•',!3AL3`8 'i788-_ ,fi6~~s
25C-58
WATER BUDGET
MAWA • I:AW APPLIED COMPAR150N CALENDAR YEAR 2008
gng JAN FEB AIM APR LlAY JUN Jlft AUC SEP OCT HOV DEC
MAWA 290 356 488 583 fi08 712 817 804 619 488 329 284
FAw 0 14 190 484 608 844 778 749 453 344 45 &
NYDROCAP-0.HCF APPLIED mow` ~ 0 181 238 NA NA NA NA NA NA NA NA
kAWA
EAW
HYDROCAP HcF APPLIED 1098 808 52 NA 4 743 5512 8920 8789 4027 2973 1804 658
IeAwa 423 579 711 8 5 884 1038 iis2 1173 903 71i 481 364
EAw 809 770 194 1353 1385 1644 1803 1871 1418 1094 670 544
HYDROCAPA HCF APPU® 202 8 NA S84 NA 777 1565 1327 1231 ~ 487 48
MAWA 3 0 487 639 776 795 933 1071 1054 812 639 432 346
Eaw 0 9 5 416 5 627 756 731 419 325 19 3
HYDROCAPdDHCF APPLIED 0 ~ ~ 438 455 _ - 678 f , _ ~ . ~bs: lt7 '
Sawa 2i3 262 356 438 446 523 601 591 455 35B 242 194
Fnw 0 22 228 426 549 589 682 671 414 298 72 11
HYDROCAP-1 HCF APPLIED ~ 184 420 r ~ - 293 =
MAWA 626 769 1053 1281 1308 1537 1785 1736 1336 1053 712 569
i:Aw 0 43 380 1055 1282 1357 1643 1556 846 743 1.10 15
HYDROCAPdd,HCF APPUeD ~ 4 866 966 726 1399 NA 620 648 _
NAwa 70 86 117 143 i46 171 197 184 149 1i7 78 63
Eaw 0 20 79 224 234 259 317 287 178 149 39 B
HYOROCAP-0 CF APPLIED 0 64 166 tY2 33 Ohs <..c~iit 's 6r' 139
MAWA
eAW
HYDROCAP-0,HCF APPLIED
MAWA 466 513 746 955 1142 1235 1072 1282 i02b 81B 55 3
EAw 0 0 199 842 968 1062 _1297 1195 T1i 590 60 0
HYDROCAPdSHCF APPLIED ~aa~:~ s1 1~ ~ 603 64 1312 ~ ~ ~ . 9 ' 586 -O~'i ~?~2' 2~:~
Total EAW 0 108 1134 3447 4207 4518 5473 ~ 4755 .2568 2105. 300.., 37
ToEai Applied ; ; =_.518: 51 .7r$~8 2916 3206 3729 5163 ~:4~11~$ ~3"` X150:: i468 812;
25C-59
WA7ER BUDGET
MAWA - EAW APPLIED COMPARISON CALENDAR YEAR 2008
SITE JAM Fe0 LIAR APR W1Y JUN JUL AUG SeP OCT NOV DEC
ru?wA 38 4D 58 75 89 88 84 100 80 64 44 31
EAw 39 43 67 100 114 119 106 122 91 73 48 32
NYDROCAP-0,HCF APPLICD 25 98 38 36 38 46 53 52 45 42 28 7
LuWA 97 118 iB4 199 203 239 274 270 208 164 111 88
PAw fl 23 89 252 264 287 353 319 146 f85 44 9
HYDROCAP CF APPt1Ea :_n,~ • .i ~ 198 179 182 177 178 ~ ~ 0 -
UAWA
PAW
HYilROCA? HCP APPLIEp 4 0 0 53 61 87 55 50 46 b1 21 7
LiAwA
PAw
HYDROCAV-15 CF APaueo 13 0 0 36 24 26 32 18 'f0 28 8 13
wAwA t0 12 17 20 21 24 28 27 21 17 11 9
~~y 0 1 8 17 21 23 27 27 i7 13 3 0
;v.-: `~s
HYDRQCAP-iS.HCF APPLIED : ~ ~ ' fg=~ ' ~ - - 18 12 11 18 18 ±
LuwA 59 72 98 120 f23 _ 144 165 t63 125 98 87 53
Epw 22 48 f15 280 284 323 393 357 228 188 63 29
HYOROCAP-01iCF avPLleo `u- 98 200 :s` ~T'-~ 200 129 85 4 18 '-~'i5 -a'~$ w•
L1AWA
EAw
HYOROCAP HcF APPLIEa 80 0 947 73 138 135 9b7 145 148 115 111 9t
rAwa 65 79 108 132 13S 158 182 179 138 109 73 59
eAw 93 118 t87 206 21f 251 290 286 218 16T 102 83
HYDROCAA-0HCF APPUEO I i::.. =,F ~ ?~i g L,; :~id B ' • •et s ~ . S A ,~''v G~7.` BD
YAWA
EAW
HYDROCAP-0HCF APPLIEa NA NA NA NA NA NA NA NA NA NA NA NA
L+AwA 88 97 141 180 215 233 202 242 193 154 105 75
eAw 86 8T 168 300 327 325 302 332 227 185 116 71
HYDROCAP-0 CF APPllEO !!r11. Q•'C. '~?8~~ 234 r,.~~ r3~ i` r~. ::1 ~ ` $
W1WA
EAW
HYDROCAP-0,HCF APPLIED 70 SD 131 133 119 20 NA NA NA 86 108 7
LU1WA
eaw
HYaROCAP-0,yCF APPL>Ea 0 0 0 0 0 D 0 0 0 0 0 0
L+AwA
eAw
yYDROCAP-0HCF aPPLteo NA NA NA NA NA NA NA NA NA NA NA NA
raAwA
PAw
HYDRaCAP•0 CF aPPtIEO 11 10 32 35 69 61 NA NA NA NA NA NA
TotetEAW 147 212 448 949 1012 1077 1181 9443 758 624 274 141
Tot81App1ied 350„'-'~•49:9.'~, 521f 688 832 798 908 1071 747=-„ :724.{~'~57.'t 417
7v'
25C-60
Estimated Applied Water (EAW) Compared to Applied Water
December 2008
or suDGST
USER IiCF GALLO~fS °!e of BUDGET COSTJSAVINGS
.x.-..
City Farces APPLIED 1485 1,111.528 ±•~j,~ '`~_,~l-.o -$3,D42.15
Park Maintenance BUDGETED 154
City Forces APPLIED 18 13.464 c.,:':'>~ ~%d -$29.69
Civic Center BUDGETED 5
District ll • Merchants APPLIED 861 494,428 i
~~e:~ ~._~2„ -$1,384.04
Park Maintenance BUDGETED 55
DiatrictlV• Masters APPLIED 812 607 376 '~~~~;r~,..,__~ -$1,770.02
Paris Maintenance BUDGETED 37
y~,-- y-.l.Y~ fr.
Vista del Verde APPLIED 117 87,516.~.~:,z~,a;,;'~~/o $54.81
~'aric Maintenance BUDGETED 141
Budget Comparison Chart
1600
400
ia00
1000
LJ. 800
= 800
900
200
0
[3 Dh Y3 $ p°w 4y
ul~ q~ uqi~ m 4~ QS Qd3 AR
aa .q ~2g ~ ~
m-L' a~ m~ a~ m,~ 5
a h a ~ a a
0
USER
~ g.9
25C-61
Daily Report
Daily Report
Rendered in English Unlts.
December 9, 2008 -December 31, 2008
Printed on January 5, 2009
(wine -South Coast Valleys -Station 75
I
08 0 297 14.3 74.6 48.5 b7.1 100 84 9011 I2 2.5 59.7 59.0
12!01!20 .07 0.00
12102120D6 0.03 D.01 166 14.0 87.7 52.0 55.3 100 79 84 53.6 2,7 64.3 59.6
12!03!2008 0.05 0.00 246 13.5 88.0 52.5 57.3 95 65 64 52.6 2.8 87.4 80.5
12/04/2008 0.05 0.00 217 13.4 54.4 51.0 57.5 8A 68 63 62.4 2.5 61.3 80.3
12!05!2008 0.07 0.00 264 11.3 73.6 47.0 57.6 98 41 TO 4T.8 2,8 83.4 58.3
t2/06/2008 0.08 0.00 257 9.0 74.2 47.4 81.2 77 25 49 41.8 2.5 59.3 b8.7
12/07/2008 0.03 0.00 120 13.8 54.0 b2.7 68.2 93 83 81 63.2 2.6 82.1 58.9
52108/2008 0.04 0.00 180 72.4 62.1 48.3 54.8 95 89 85 50.3 3.8 87.7 68.7
12!08!2008 0.11 0.00 300 5.4 69.3 45.8 59,2 92 12 39 28.8 5.4 130.2 57.3
12!10!2008 0.09 0.00 295 5.3 72.0 45.0 56.7 63 14 34 28.3 3.0 71.3 56.0
12/1112008 0.08 D.00 284 7.9 '12,5 47.9 57.5 80 29 49 38.4 2.6 83.3 55.9
1?112l2008 0.04 0.00 180 12.0 66.7 47.4 55,5 93 53 80 49,3 3.7 86.2 55.4
12N312008 0.04 0.00 127 1fl.9 60.8 43.5 64.4 87 81 78 45.8 4.8 118.7 55.8
12!14!2006 0.05 0.00 243 8.8 5b.3 36,0 46.8 84 41 60 33.7 3.0 71.8 54.5
12115!2008 0.01 1.78 R 82 11.4 54,1 47.5 50.4 88 67 82 46.1 5.7 138.7 b2.3
12N6/2008 0,05 0.13 242 9.8 57.4 43.0 50.i 98 54 79 43.9 2,5 81.1 52.4
12/17/2008 0.01 0.88 R 33 8.7 51.7 Y 41.3 46.6 82 88 81 4D.9 7,3 Y 175.8 Y 51.7
12/18!2008 0.68 0.18 272 8.5 58.4 39.3 48,9 98 5S 78 40.d 3.6 84.7 48.7
12!19!2006 0.06 0.00 274 8.3 58.8 39.5 47.3 89 55 75 39.8 3.1 74.0 48.8
12/2012006 0.06 0.00 289 8.2 66.2 39.2 48.3 84 58 BO 42.4 2.9 70.3 49,6
12/2112008 6.07 0.00 284 8.8 83.5 40.4 50.8 90 49 89 41.2 2.9 89.0 48.9
12/2212008 0,01 0.18 BO 11.5 55.5 44.7 51.9 97 78 88 48.3 5.0 121.6 50.2
12!23!2008 0.06 0.00 262 9.5 56.4 40.7 49.5 93 57 78 43.1 3.5 84.7 50.6
12!2412008 0.02 0.00 88 8.5 59.7 45.4 51.1 89 63 74 43.3 3.5 84.8 51.0
12l2SM1008 0.01 0.18 98 1 i.l 57.8 40.0 51.6 98 72 90 48.7 5.9 142.1 50.5
12/28/2008 0.07 0.00 291 6.i 55.5 34.1 44.5 91 35 S7 3i.S 3.7 89.7 bD.4
1212712008 0.08 0.00 290 4.5 59.8 37.0 47.8 73 22 40 24.5 3.3 78.6 4B.9
1212812008 O.D7 0.00 289 8.5 70.3 38.0 49.8 79 30 54 33.5 2.5 50.8 48.7
12!2912008 0.07 0.00 280 9.1 72.4 43.5 55.2 85 35 81 42.1 2.8 87.0 48.4
i2/30l2008 0.07 0.00 289 9.8 70.7 45.5 55.1 87 39 85 43.5 2.6 62.0 Sfl.3
12/31/2008 0.08 0.00 283 9.8 85.8 39.4 49.2 98 52 82 44.0 2.1 50.1 49.8
Flag Legend
A -Historical Average i -ignore R -Far out of normal range
C or N -Not Coitected M -Missing Data S -Not in service
H -Hourly Missing or Q _ Related Sensor Missing Y _ Moderately out of range
Flagged Data
Conversion Factors
hltpJ/~»vwcimis.water.ca.govle3m3s/daityReport.do[t/5!2049 3:41:32 PiVI} ~ Q~ w
25C-62 V
ATTACHMENT 6
Plant Cap
Ground
Cover
2" Shrubs, 64 Ct Vines,
Site Plugs 1 Gai Flt 1 Gal
Cesar
1 Chavez/Campesino 100 50 0 200
2 Riverview Park 200 7.00 25 200
3 Rosita Park 1,000 200 0 200
4 Edna Park 1,000 50 0 200
5 EI Salvador Park 200 200 0 100
Subtotal District 1 2,500 600 25 900
Note: This plant cap is an annual plant cap for each district. Plants that die
as a result of Contractor's negligence are not applied to this plant cap. Where
Contractor can show that vandalism was the cause of the plants death, City will
assume cost of replacing (excludes vines}. City can elect to install plants in
existing bare areas, or new construction areas.
Standard Plant
Casts
64 Ct.
5 gal $8.84 Flat $9.95
1 gal $2.95 Plugs $0.40
Plants costing more than standard plants shall be considered premium. City will
pay only the incremental difference between a standard plant and the premium
plant.
25C-63
0 0000000000
~6 O 0 0 0 0 0 0 0 0 0 0
}O~ OOOCCCOOO
~ N N
3
d
Y p pQ Q q p q 4 p
O OSO0OOOO0 C w W ~OO~G ~O
~ Q 0 0 0 0 0 0 0 0 0 O pi 0 0 0 0 ~
C Y M ~ ~ ~ r ~
d 4i V? .Q
N 3
~
w ~
a ~ -
00 000 000 0 0 0 ~ :a
B O O O O O 0 0 0 O O O O O
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25C-64
ATTACHMENT 8
TREE PR LINING SPECIFICATIONS
1.0 INTRODUCTION
Trees and other woody plants respond in specific and predictable ways to pruning and other
maintenance practices. Careful study of these responses, has led to pruning practices, which
best preseiwe and enhance the beauty, structural integrity, and functional values of trees.
In an effort to promote practices, which encourage the preservation of tree structure and health,
the following policies have been established. These specifications are presented as working
guidelines, recognizing that trees are individually unique in form and structure, and that their
pruning needs may not always fit strict rules.
1.01 OVERVIEW OF SPECIFICATIONS
Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF)
must be done according to the SAPRF specifications. There are different criteria for pruning
depending on the purpose for the pruning.
a. Complete Prune Specifications are used when circumstances deem the entire tree needs to
be fully pruned.
b. Safety Prune Specifications require less pruning and are used when specific, possibly
hazardous (deadldying) limbs need removal to eliminate all safety concerns. Safety
pruning may be recommended in some circumstances instead of a complete prune. Safety
pruning specifcations are used for "as needed" pruning as outlined above and address only
safety concerns. Safety pruning includes only the basic requirements and does not include
the fine pruning detail work outlined in a complete prune.
c• Power Line Clearance Prune (PLC) Specifications are used for private tree power Tine
clearance work and for street tree (PLC) pruning when the tree is pruned between its
periodic complete pruning cycles.
d. Palm Pruning Specifications are used when pruning any type of palm.
All specifications are based on International Society of Arboriculture, National Arborist
Association and American National Standards Institute criteria. This guarantees that SAPRF
trees receive the best possible care.
1.02 GENERAL REQUIREMENTS
The following requirements shall be used during any pruning work to be performed on SAPRF
trees:
a. Proper disposal of all tc•ee debris generated.
b. Assuring good traffic control and minimize disruption of the public.
25C-65
c. Assuring adequate safety of employees and the public.
Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized
SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714/571-4212
Office or 714/23 i-6112 cell phone.
1.03 CERTIFIED ARBORIST
The Contractor shall employee afull-time, permanently certified arborist, as accredited by the
International Society of Arboriculture. This person is responsible for ensuring that the
Contractor's crews are performing work according to SAPRF specifications.
1.04 SPECIFIC TREE PRUNING SPECIFICATIONS
a. All persons performing tree work on SAPRF trees must be trained according to tree care
standards accepted by the International Society of Arboriculture.
b. All persons performing tree work on SAPRF trees in or around primary electrical lines
must be trained to do so according to the "Electrical Safety Orders" of the State of
California, including all amendments and revisions.
c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal
thickness of at Least one third (1/3) of the diameter of the wound so affected. Such cuts
shall be considered proper only when such remaining limb is vigorous enough to maintain
adequate foliage to produce wood growth capable of callusing the pruning cut so affected
within a reasonable amount of time.
d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest
possible covering of the wound by natuxal callus growth. Flush cuts, which produce large
wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be
removed.
e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to
other parts of the tree, or to other plants or property.
f. All tools used on a tree known to contain an infectious tree disease shall be properly
disinfected immediately before and after completing work on such tree. All major diseases
and/or pest problems shall be promptly reported to an authorized SAPRF representative.
g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final
cuts with smooth wood surface and secure bark remaining intact. All trees six {6} inches
in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted
on any trees six (6) inches in diameter or less. This is to prevent any unnecessary
abrasions to cambial tissue that may predispose a tree to insect and/or disease problems.
h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in
one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2}
feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent
unnecessary tearing back of the bark and wood. Such cutting back shall not include the
removal of any live, healthy limbs in excess of six (6} inches in diameter without prior
approval from an authorized SAPRF representative.
25C-66
i. No more than twenty five (2S} percent of the live wood may be removed from the crown
of any tree, without approval of an authorized SAPRF representative, excepting live oaks,
which are limited to no more than ten (10) percent. Resulting in keeping as much of the
crown of the tree as possible.
j. Any extraneous metal, wire, rubber or other material {i.e. stakes, ties} interfering with tree
growth shall be removed immediately.
k. Any defective or weakened trees shall be reported to an authorized SAPRF representative.
Specifically, any structural weakness of a riee, decayed trunk or branches, shall be
reported in writing, Hating the location of the tree by street address and a description of the
hazard found in the tree.
1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except
palms #hat are more than sixty-five (6S) feet in height.
m. Bene#icial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved
and protected whenever feasible, unless doing so would create a hazard.
1.OS COMPLETE TREE PRUNING SPECIFICATIONS
Complete tree pruning shall consist of the total removal of dead or living branches that may
threaten the future health, strength and attractiveness of trees. Specifically, trees shall be
pruned in such a manner as to:
a. Prevent branch and foliage intea•ference with requirements of safe public passage. Over
street clearance shall be kept to a minimum of sixteen (16} feet above the paved surface of
the street, fifteen {1 S} feet above the curb and eight (8} feet above the surface of a public
sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be
irreparably damaged by such pruning action.
b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter
or larger.
c. Remove all broken or loose branches.
d. Remove any live branches, which interfere with the tree's structural strength, and healthful
development, which will include the following:
1) Branches, which rub and abrade a more important branch.
2) Branches of weak structure, which are not important to the framework of the tree.
3) Branches, which if allowed to grow, would wedge apart the junction of more important
branches.
4) Branches forming multiple leaders in a single leader type tree.
25C-67
5} Branches near the end of a limb, which will produce more weight or offer more
resistance to wind than the limbs are likely to support.
6} Selective removal of undesirable sucker and sprout growth paying specific attention not
to nick or damage the sprout "burl".
7) Selective removal of one or more developing leaders where multiple branch growth
exists near the end of broken or stubbed limbs.
8) Selective removal of limbs obstructing buildings or other structures or traffic signs.
Generally, limbs closer than five (5} feet to a building or other structure should be
removed unless doing so would severely damage a tree.
9} Removal of branches, which project too far outward beyond an otherwise symmetrical
form.
e. Cut back ends of branches and reduce weight where excessive overburden appears likely
to result in breakage of supporting limbs.
f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground
level. Exceptions are allowed for young trees, which would be ii7•eparably damaged by
such pruning action.
g. Obtain a balanced appearance when viewed from the opposite side of the street
immediately opposite the tree, unless authorized by an SAPRF representative to do
otherwise.
h. Remove all vines entwined in t~•ees and on tree trunks. Vine tendrils shall be removed
without injury to said trees.
i. Clear all branches and foliage within ten {I O) feet of primary electrical lines and three (3)
to five (5) feet of secondary electrical lines.
j. Clear alI branches that interfere with telephone, cable and other utility lines within one (1}
foot of lines, wherever feasible.
1.06 SAFETY TREE PRUNING SPECIFICATIONS
Safety tree pruning shall consist of the total removal of dead or living branches that may
menace the future health, strength and attractiveness of trees. Specifically, trees shall be
pruned in such a manner to;
a. Prevent branch and foliage interference with requirements of safe public passage. Over
street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of
the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public
sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be
irreparably damaged by such pruning action.
b. Remove dead and dying branches and branch stubs that are two {2) inches in diameter or
more.
25C-68
c. Remove all broken or loose branches.
d. Removing any live branches, which interfere with the tree's structural strength and
healthful development, will include the following:
Limbs of weak structure or otherwise hazardous.
Selective removal of limbs obstructing buildings or other structures or traffic signs.
Generally, limbs closer than five (5) feet to a building or other structure should be
removed unless doing so would severely damage a txee.
Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above
ground level. Exceptions are allowed for young trees, which would be irreparably
damaged by such pruning action.
1.07 POWER LINE CLEARANCE ~PLC~PRUNING SPECIFICATIONS
When trees are in the proximity of overhead energized lines and equipment, reliability of
service, safety, and governmental standards require a reasonable amount of tree pruning to
avoid conductor contacts and grounding of circuits through the trees. Power line clearance
pruning, therefore, shall consist of the removal of tree branches for proper electric line
clearance in order to minimize the likelihood of power outages and improve safety.
Specifically, trees shall be pruned in such a manner as to:
a. Clear all branches and foliage within ten (10) feet of primary electrical lines.
b. Clear all branches that interfere with secondary electric lines within three (3) to five {S)
feet.
c. Protect current tree health, condition and symmetzy using Dr. Alex Shigo's book, Pruning
Trees Near Electric Utility Lines as a guide.
During the tree pruning process, all safe minimum working distances for energized conductors
shall be observed. These clearances are defined under ANSI 2133.1-1994. Current ANSI
specifications will supersede these requirements when they take effect. Any contact with
energized lines shall be promptly reported to an authorized SAPRF representative.
Access to backyards must be closely coordinated with the pxoperty owner, whenever feasible.
Spikes may be used for PLC pruning on palms or other trees only when needed for proper
safety reasons.
1.08 PALM PRUNING SPECIFICATIONS i
Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum
(queen palm), Archontophoenix cunninghamiana (king palm}, Phoenix Canariensis (Canary
Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm};
and Washingtonia Robusta (Mexican fan palm) per these specifications.
25C-69
a. The removal of all dead fionds and other dead plant parts from the trunk. All loose frond
sheaths shall be removed along the entire length of the palm trunk.
b. The removal of all flowers and fruit parts whether dead or alive.
c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting
palms that are more than sixty-five (65) feet in height.
d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species.
The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple)
appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a
maximum of sixty- (b0) inches length below the green fronds. The trunk when pruning
operations are complete shall be left in a clean, unscathed appearance throughout the entire
length of the palm trunk. Canary Island date palms shall be pruned using a sterilized
handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree.
e. All volunteer palm seedlings must be removed that are growing within the streets,
parkways, or setback dedicated areas.
1.09 UNACCEPTABLE PRUNING
The following procedures, or others that will result in tree decline, are not allowed (storm
damage and other extenuating circumstances exempted):
a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat
racking.
b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the
branch collar and branch bark ridge.
c. Stub cutting where branch removal z•esults in the base of branch removed protruding more
than approximately one fourth {1/4) inch beyond the zone of branch collar and branch bark
ridge.
d. Removal of a healthy main leader, far reasons other than power line clearance.
e. Excessive cutting or lifting that exceeds the International Society of Arboriculhire or
SAPRF standards.
1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Should any structure or property be damaged during the tree pruning operations, the persons
conducting the work shall immediately notify the proper owners and an authorized SAPRF
representative. Repairs to property damaged by the responsible party shall be made within
forty-eight (48} hours, except utility lines, which shall be repaired the same working day.
Repairs on private property shall be made in accordance with the appropriate building code
under permits issued by the City of Santa Ana. Any damage caused by the Contractors
employees shall be repaired or restored by them at their expense to a condition similar or equal
to that existing before such damage or injury, or they shall repair such damage in a manner
acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler
25C-70
systems in City landscapes and the need to avoid damage. All damage to ii~igation systems
shall be repaired as soon as possible at Contractors expense.
1.11 WORK PERFORMED ON PRIVATE PROPERTY
No SAPRF contracted tree worker shall perform wank upon private property without the
written consent of the property owner and an authorized SAPRF representative.
1.12 PUBLIC SAFETY AND COOPERATION
All tree work shall be conducted in a manner as to cause the least possible interference with, or
annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work
areas only under conditions of safety and with as little inconvenience and delay as possible.
Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve
to coordinate safe operations on the ground at all times when work operations are in progress.
a. Whenever larger tree sections are being cut in a Treetop, which may endanger persons or
property, such sections shall be secured by ropes and lowered safely to the ground in a
controlled manner.
b. Ali fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation
field controllers and similar facilities must remain accessible during the course of work.
c. Noise levels, resulting from tree work operations, must be kept to a minimum at all Times.
All tree work operations are subject to compliance with all local Noise Restrictions.
Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and
7:00 a.rn. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday).
Emergencies are exempt from any time restrictions.
d. All tree work done to SAPRF trees must comply with all tree related safety requirements as
stated in The safety standards ANSI 2133.1-1994 of the American National Standards
Institute, Inc. 1430 Broadway, New York, NY 10018.
1.13 SITE CLEANUP
Cleanup of any debris resulting from any tree pruning operations shall be promptly and
properly accomplished. The work area shall be kept safe at all times until all operations are
completed. Under no circumstances shall the accumulation of debris be allowed in such a
manner as to result in a hazard to the public. All debris from tree operations shall be cleaned
up each day before the work crew leaves the site, unless permission is given by an authorized
SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall
be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the
site. Areas are To be left in a condition equal to or better than that which existed prior to the
commencement of tree pruning operations.
All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed
of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal
expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on
property only at the direct and specific request of the owner and an authorized SAPRF
representative. Firewood four {4} inches diameter or larger will be left at the work location in a
25C-71
safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood
four (4) inches of diameter or larger) must be authorized by an SAPRF representative.
1.14 TIME FOR COMPLETION
If awarded this project, the Contractor agrees to complete the work within the time parameters
jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement,
unless specific time deadlines are specified elsewhere in these specifications. Once the work
has commenced, the Contractor shall diligently prosecute the same to completion.
1.15 PAYMENTS WITHHELD/PENALTIES
Should the Contractor fail to finish the work as agreed upon in these specifications the
Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars
($500.00} for each calendar day that the work remains incomplete beyond the dates specified.
Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are
or become payable to the Contractor.
In case all the work called for is not completed in all parts and requirements within the time
specified, the SAPRF shall have the right to giant or deny an extension of time for completion,
as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed
with penalties during the delay in the completion of the work caused be acts of God or of the
Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually
severe weather. The SAPRF representative will ascertain the facts and the extent of the delay,
and their findings thereon shall be final and conclusive.
1.16 SUBCONTRACTORS
Subconhactors used in the performance of this project shall be listed in the Contractors Bid
Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to
perform work of this specialty and hold a valid business permit and certificate of insurance
with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by
him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from
the project upon the request of the SAPRF and shall not again be employed on the project. The
Contractor shall be held liable for the correction of any deficient work.
1.17 ADDITIONS AND/OR DELETIONS OF WORK
The SAPRF representative reserves the right to add and/or delete tree work on this project as
deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be
made at the unit price accepted by SAPRF upon award of contract.
1.18 INSPECTIONS
An authorized SAPRF representative will inspect the work performed by the contractor to
insure completion of the pruning in accordance with SAPRF Pruning specifications. Should
more than two (2) inspections be required on trees needing additional work, the contractor will
be billed for SAPRF staff time.
1.19 BILLING
Contractor shall submit a fully itemized bill listing each tree noting:
a. Address {each tree).
b. Type of tree.
25C-72
c. Date completed.
d. Person completing the job.
e. Location of tree (front, side right, side left, rear)
This information is vital to maintain the city's computerized tree inventory and management
system.
2.00 CONTRACTOR QUALIFICATIONS
A11 contractors are required to have a valid appropriate state contractor's license, current City of
Santa Ana business license, City Attorney approved certificate of insurance and be
knowledgeable in tree p~vning and tree care prior to the commencement of any and all work.
2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
The current edition of the "Green Book", Standard Specifications for Public Works
Construction and it's updates, supplements and local addendums, shall be included as part of
these specifications, unless otherwise directed in these specifications.
2.02 SPECIFICATIONS INTERPRETATION
The intent of these specifications is known by the City of Santa Ana and SAPRF. Any
questions relating to the interpretation of these specifications must be addressed, in writing,
prior to the start of work. The Contractor agrees that interpretations of this contrac# after the
start of work are at the SAPRF sole discretion, and the Contractor shall abide by all such
interpretations.
2.03 EXTRA WORK
In the event the Contractor is required by the City to perform extra work, the following
procedure shall govern such work:
a. When required, by the SAPRF representative, an itemized estimate of cost wilt be
submitted fox approval prior to work being performed. The Contractor shall maintain
records sufficient to distinguish the difference between direct cost and extra work. He shall
furnish reports of extra work on forms, agreed upon and approved by the SAPRF
representative, itemizing ali costs for labor, materials and equipment rental. The report
shall include hours worked and be in accordance with the following conditions:
1. Work will be executed under the direction of the SAPRF on a time and material
basis or an agreed lump sum price depending on the nature of the work.
2. The SAPRF representative will issue a work request for such extra work to be
performed.
3. Extra work will not be initiated without written authorization, except in emergency
call-out situations. The SAPRF representative will solely define specific emergency
situations.
4. Extra work may include, but is not limited to, the following:
25C-73
a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged
by Contractor.
2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities,
structures, and utilities, both above surface and underground on the City's property. Any
damage to City, SAPRF, or pz•ivate property caused by the Contractoz s neglect shall be
corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The
City of Santa Ana and/or SAPRF shall make the determination of fault. ~ The SAPRF
representative reserves the right to issue a Stop Work Notice if the Contractor does not
promptly repair any damage, within twenty-four (24} hours of the damage incurred.
If the SAPRF representative requests or directs the Contractor to perform work in a given area,
it will be the Contractor's responsibility to verify and locate any underground systems (i.e.
utilit3' lines} and take responsibility for taking reasonable precaution when working in these
areas.
Contractor shall call Underground Alert (800) 422-4133} at least two working days prior to
digging for line locations. Any damage or problems shall be reported immediately to the
SAPRF representative and the City of Santa Ana. If the Contractor discovers something
unexpected or a unique problem occurs, he should stop work and immediately contact an
authorized SAPRF representative for a timely resolution of the problem.
2.05 CONTRACTOR'S STAFF
The Contractor shall provide sufficient personnel to perform all work in accordance with the
specifications set forth herein. A qualified, English speaking supervisor in the employ of the
Contractor shall supervise all of the Conhactor's personnel. The supervisor shall be available
at all times to the SAPRF representative during work operations. The responsibility for all
work performed will remain with the full-time certified arborist.
The Contractor shall furnish the necessary competent and key personnel to properly supervise
and dizect the work of fully equipped, competent and experienced crews as well as all safety
equipment, including but not limited to, all equipment and work procedures required by ANSI
2133.1-1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary
clerical and office work required in the performance of the contract.
The Contractor shall be responsible for the supervision of all of his crews. He shall check all of
his crews regularly for proper quantity and quality of work, proper maintenance of tools and
equipment, and safety.
2.06 SUBSTITUTIONS
Whenever a specific type of material is specified, no substitutions shall be allowed without
written consent of the SAPRF representative.
2.07 CERTIFICATION OF MATERIALS
All materials shall be delivered on the site in original containers. Materials shall be subject to
inspection by the ARMD representative. The SAPRF representative will not approve materials
25C-74
not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items
at his/her cost.
2.08 CONTRACTOR NEGLECT
Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined I
to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of
Santa Ana or the SAPRF.
2.09 HOURS OF OPERATION
The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday
through Friday. No work shall be performed on weekends or on City recognized holidays
without written SAPRF approval.
2.10 SPECIFICATIONS AND PLANS
The work performed shall be done in accordance with the Standard Specifications for Public
Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case
of conflict between the Standard Specifications and this Specification, this Specification shall
take precedence over and be used in lieu of such conflicting portions.
Where the plans or specifications describe portions of work in general terms, but not complete
detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise
specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and
do all the work involved in executing the contract.
2.11 CONSTRUCTION EQUIPMENT
The Contractor shall take all necessary precautions for safe operation of his equipment and the
protection of the public from injury and damage from such equipment.
2.12 SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations and
ordinances that apply to any work performed pursuant to the Contract. Each internal
combustion engine used for any purpose on the job or related to the job shall be equipped with
a muffler of a type recommended by the manufacturer of such equipment. No internal
combustion engine shall be operated on the project without said muffler. Full compensation for
conforming to the requirements of this section shall be considered as included in the prices paid
for the various contract items of work involved and no additional compensation will be allowed
therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels
so as to nat disturb the general public.
2.13 TRAFFIC CONTROL
The Contractor shall notify the SAPRF representative of intent to begin the contract work at
least five (5} days before work is begun. The Contractor shall cooperate with local authorities
relative to handling traffic through the areas and shall make arrangements relative to keeping
the working area safe and clear of vehicles.
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether
empty or loaded, shall in aII cases yield to public traffic. A11 traffic delineation and work area
protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.} 2000
Edition.
25C-75
The Contractor shall make every effort to keep commercial driveways open during working
hours. Should this not be possible, Contractor shall coordinate with the property owners
affected to insure that designated times of ingress and egress is available. After working hours,
all driveways shall be accessible with smooth and safe crossings through any construction area
(State of California Traffic Manual).
2.14 INQUIRIES AND COMPLAINTS
The Contractor shall maintain an office at some fixed place and shall maintain a telephone
thereat, listed in the telephone directory in his own name or in the firm name by which he is
most commonly known. Furthermore, the Contractor shall, at all times, have some responsible j
person(s), employed by the Contractor, to take the necessary action regarding all inquiries and
complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens
during normal working hours.
Whenever immediate action is required to prevent impending injury, death or property damage
to the facilities being maintained, the SAPRF representative may, after reasonable attempt to
notify the Contractor cause such action to betaken by the SAPRF work force. All costs of any
such action shall be charged against the Contractor, or the SAPRF may deduct such cost from
any amount due to Contractor from SAPRF.
All complaints shall be abated as soon as passible after notification, to the satisfaction of the
City of Santa Ana and/or SAPRF. If any complaint is not aba#ed within a reasonable time, the
SAPRF representative shall be notified immediately of the reason for not abating the complaint
followed by a written report to the SAPRF representative within five (5} days. If the
complaints are not abated within the time specified or to the satisfaction of the SAPRF
representative ,the SAPRF representative may correct the specific complaint and the total cost
incwxed by the SAPRF will be deducted and forfeit from the payments owing to the Contractor
from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem
and appropriate overhead charges.
2.15 NOTIFICATION OF LOCATIONS OF WORK
The Contractor shall notify the SAPRF representative when the contractor's crews will be
working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell
phone, fax, or by weekly written schedules which specify the entire weeks work locations.
i
25C-76
EXHIBIT B
DMS FACILITY SERVICES
PROPOSAL
25C-77
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25C-78
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25C-79
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25C-82
AMENDED LANDSCAPE AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 16"' day of February, 2010 by Mariposa
Landscapes, Inc., a California corporation {hereinafter "Contractor"}, and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and Laws of the
State of California {hereinafter "City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of high-
level park landscape maintenance comparable with standard industry practice.
B. Conhactor represents that Contractor is able and willing to provide such services to the City.
C. In undertaking the perfozrnance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed incompliance with such standards as may reasonably be
expected from a professional consulting fizrn in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform landscape maintenance services for Santa Ana Parks, District 3, as set
forth in City's Request for Proposa109-006, dated February 27, 2009, incorporated by reference to this
Agreement, the Specification for Routine Maintenance, attached here#o as Exhibit A, and Contractor's
Proposal dated Apri16, 2009, incorporated by reference to this Agreement. Said maintenance includes
the basebalUsoftball diamond maintenance, which Contractor has subcontracted to Major League
Softball.
2. CITY INSPECTION
The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency,
or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to
this Agreement. If said inspection results in discovery of work that is not performed in the agreed
manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City
shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of
performing the work to bring the property into conformance with the Specifications. Additionally,
City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the
Specifications during any such inspection.
3. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates
and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not
exceed $432,919.00, plus a five percent {5%} contingency for total amount not to exceed $454,565.00
annually, during the term of this Agreement.
25C-83
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed during the prior month, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
4. TERM
i
This Agreement shall commence on April I, 2009 and terminate on March 2I, 2011 unless
terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this
Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal
year covered herein. The term maybe extended for up to four additional one-year terms at the sole
discretion of the City.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
contzactor and not an employee of the City• This Agreement is not intended nor shall it be construed to
create an employer-employee relationship, a joint ventw•e relationship, or to allow the City to exercise
discretion or control over the professional manner in which Contractor performs the services which are
the subject matter of this Agreement; however, the services to be provided by Contractor shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Contractor shad pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall 6e responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as desczibed below;
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from
bodily and personal injury, including death resulting therefrom and damage to property, resulting fzom
any act or occurrence arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall be not Less than
the following: sing€e limit coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance
shall (a) name the City, ifs officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primacy with respect to insurance or self-insurance programs maintained by the City;
and (c) contain standard separation of insureds provisions
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $1,000,000 per occurrence. Such insurance shalt include coverage for owned, hired and
non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of
the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability
far worker's compensation or• to undertake self-insurance. Prior to commencing the performance of
the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Contractor pursuant to
this section:
25C-84
(i) Contractor shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30}
days prior written notice to the City.
e. If Contractor fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
Such termination shall not effect Contractor's right to be paid for its time and materials expended prior
to notification of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability, (l) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injuzy, including health, and claims for property damage, which may arise from the direct or indirect
operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services provided by Contractor pursuant to this Agreement;
and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity
and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this
Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further
agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and
costs for special counsel to be selected by the City, regarding any action by a third patty challenging
the validity of this Agreement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms
of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
8. CONFIDENTIALITY
if Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise ~
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Infozrnation" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferxed orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is coveted by this Agreement. The foregoing obligations of non-use
and nondisclosure shall not apply to any information that (a} has been disclosed in publicly available
sources; (b} is, through no fault of the Contractor disclosed in a publicly available source; {c} is in
rightful possession of the Contractor without an obligation of confidentiality; {d} is required to be
disclosed by operation of law; or (e) is independently developed by the Contractor without reference to
information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
25C-85
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the
manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O• Box 1988
Santa Ana, CA 92702-19$S
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
2b Civic Center Plaza (M-75)
P.O. Box i 988
Santa Ana, California 92702
and
City Attorney
City of Santa Ana
20 Civic Center Plaza {M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor: Mariposa Landscapes, Inc•
15520 Arrow Highway
Irwindale, California 91706
Telefacsimile (626) 960-3809
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three {3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24)
hours after the time set forth on the transmission repoz•t issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or wz•itten, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
25C-86
the City and by an authorized representative of Contractor. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that
terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein.
In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments
hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
wxitten consent of the City and any such assignment, transfer, delegation or subcontract without the
City's prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to Limit the City's ability to have any of the services which are the subject to this Agreement
performed by City personnel or by other Contractors retained by City.
13. TERMINATION AND DAMAGES
This Agreement may be terminated by the City upon thirty {30} days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. Payment need not be made for work which fails to meet the standard of performance specified
in the Recitals of this Agreement.
b. Material Breach: If the Director determines the Contractor has failed in the performance of
its duties and/or schedule as provided, the Director may consider the Contractor in material breach.
City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a
portion of payment owed relative to any such failure to perform or for any delay in performance, and
2) directing the work be accomplished by either City employees or another contractor at Contractor's
expense, as determined by the Director. Contractor shall be responsible for all costs resulting from
breach, including incidental and consequential damages. In the event of a material breach, which
xemains uncured after flue {5}days notice to Contractor, City may terminate this Agreement upon
thirty (30) days written notice of termination.
14. DISCRIMINATION
Conhactor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Contractor affirms that it is an equal opportunity employer and shall comply with alI
applicable federal, state and local laws and regulations.
I5. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that Orange
25C-87
County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. Contractor shall notify the City immediately and in writing of
her inability to obtain or maintain such permits, Licenses, approvals, waivers, and exemptions. Said
inability shall be cause for termination of this Agreement,
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the teirns of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in
the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
I1V WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
CITY OF SANTA ANA
ATTEST:
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
MARIPOSA LANDSCAPES, INC.
TERRY NORIEGA
President
Tax ID#
25C-88
EXHIBIT A
SPECIFICATION FOR ROUTINE MAINTENANCE
I. GENERAL CONDITIONS
A. FUNCTIONS AND RESPONSIBILITIES
1. City -Director's Authority
The Director is the only person authorized to direct changes in any of the requirements
under the Agreement and, not withstanding any provisions contained elsewhere in the
Agreement, and said authority remains solely in the Director. In the event that the
Contractor effects any such changes at the direction of any person other than the
Director, the changes will be considered to have been made without authority and solely
at the risk of the Contractor. In addition, the Director shall have the authority to
accept/reject materials, workmanship and to make changes in work or schedule, not
involving extra cost.
When the performance of the work or completion per schedule is determined to be sub-
standard, he may (1) recommend that all or a portion of payment be withheld, and/or (2)
direct the work be accomplished by either City forces or separate contractor, in order to
complete the necessary work as close to schedule as possible, and withhold the resulting
costs. Payment to be withheld shall be deducted fiom the next monthly payment due, or
if the amount is insufficient to cover payment, the Contractoz• shall be liable for said
deficiency and will be billed accordingly.
The Director, or his authorized representative shall decide all questions, which may
arise as to the mannez• of performance and completion pez• schedule, acceptable
fulfillment of the Agreement by the Contractor, interpretation of the specifications, and
compensation, including completion of work by alternate sources.
2. Contractor
a} Local Office
The Contractor shall maintain a physical office within the 714 area code (local
office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00
p.m. with a company representative present at all times. Answering sezvices or
mobile telephones wilt not be considered a local office.
b) Submittals
Prior to performing, Contractor shall submit to the Director for approval: 1) a
detailed annual, monthly and weekly work schedule; 2) time sheets of
employees assigned to the contract areas; 3} names and titles of all persons
working on the project and their qualifications; 4) and equipment, materials
and/or chemicals to be used on the project. The information contained in the
above referenced documents shall be updated with any new information as
available. The Director shall be immediately notified of any changes to the
above information.
25C-89
c) Uniforms and Vehicle Identification
The Contractor shall provide to all field personnel a standard uniform including
but not limited to unifotrn company hats, collared work shirts, pants, jackets,
vests and ANSI approved safety shoes. All uniforms will be marked with some
form of company logo or other form of identification.
All vehicles and equipment on the project site shall be in opetable and working
condition, clean appearance without visible damage, dirt graffiti etc. In
addition, all vehicles shall have the company's name cleat•ly identified on the
right and left side doors.
B. SAFETY REQUIREMENTS
A11 work performed under this contract shall be completed with maximum safety as the
priority above all other requirements. In the event unsafe work is observed by City staff or
otherwise reported, the Director may at his discretion order Contractor to stop performing
and pay all costs and or damages resulting from the delay.
C. SAFETY NOTIFICATION
If Contractor identifies a potential safety issue, Contractor shall;
1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution
Tape" and "A" frame barricades or equal substitute around the condition.
2. Notify the Director of the condition first by phone and then in writing (e-mail is
acceptable) including digital photographs of the potential safety concern if possible.
Once the Contractor has notified the City and the public of the condition, as specified
above, Contractor shall have no further responsibility regarding the condition.
D. UNDERGROUND ALERT SYSTEMS
Underground Alert Systems (telephone number i-800-422-4133) must be notified 48-hours
in advance prior to any excavation work. .
E. PROPERTY DAMAGE
Any damage to private property caused by Contractor shall be immediately reported to the
property owner. Contractors shall pay for any damage caused to private property in
performing this agreement.
F. ACCESS TO PRIVATE PROPERTY
Prior to any work involving private property, the Contractor shall notify the City of the
proposed work and obtain all necessary permits and/or consent required from City and/or
property owner.
G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall protect City and/or private property adjacent to work areas including
sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls,
sidewalks, street paving, etc., located on either public or private property. Contractor shall,
25C-90
at its expense, replace any property that is removed or damaged, other than property pre-
approved for removal.
TRAFFIC CONTROL
The Contractor will not interrupt traffic flow on City streets. In situations where it is
necessary to restrict traffic flow, the Contractor will contact the appropriate City
department and obtain all necessary permits and/or consent from the responsible public
agency.
H. MONTHLY REPORTS
Prior to the first day of each month the Contractor shall submit the following reports: 1}
employees daily work schedule by location and crew/task(s); 2) pesticide use report that
was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4)
"green waste" recycling report.
I. WATER COST
City will pay for water used by Contractor pursuant to this agreement up to a specified
amount detailed in a monthly Estimated Applied Water {EAW) report (see Attachment 5).
Should the amount of water applied exceed the monthly EAW then the Contractor shall pay
the cost of the excess water.
II. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS
A. DEFINITIONS
1. "Director" shall mean the Executive Director of Parks, Recreation and Community
Services or designated representative.
2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may
also be referred to as "trimming."
3. "Weed" shall mean any undesirable or misplaced plant.
B. SCOPE OF WORK
It is the intent of this agreement to continually improve the quality of the facilities. The
Contractor shall provide all labor, training, materials, tools, equipment, transportation,
hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high
quality grounds/landscape maintenance pursuant to the terms defined herein. The
Contractor shall provide all grounds/landscape maintenance at work sites listed herein,
including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and
ground cover plants, removing and controlling weeds, controlling plant diseases and pests;
mowing turf, edging turf and ground cover; irrigating plant material; maintaining and
repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic
area maintenance; tot-lot maintenance; and, other services required to maintain the work
sites in a safe, attractive and useable condition. The Contractor shall maintain all plant
material in a healthy and beautiful condition using the best industry/ horticultural accepted
standards far growth, color, and appearance as determined by the Director.
1. Scheduling of Work -Contract Start-up
25C-91
The Contractor shall, within four (4} months after commencement of services, bring
all sites subject to this Agreement to the level set forth in the specifications as follows:
a} Turf -Aerate and fertilize all twf using Nitra King 19-4-4 at one (I) pound of
actual nitrogen at one pound per 1,000 square feet. All weeds shall be treated
using selective post emergent herbicides until weeds are eradicated. Dallas
Grass shall be eradicated using broad spectzum post emergent herbicide.
b) Shrubs Fertilize using Nitra King 19-4-4 at one (1) pound of actual nitrogen at
one pound per 1,000 square feet. Diagnose and treat all diseased or unhealthy
plants. Prune shrubs. Provide report of diagnosed/treated plants.
c) Groundcover -Plant new groundcover every 12" triangular spaced to f 11 in bare
areas. Fertilize using Nitra King 19-4-4 at one (1} pound of actual nitrogen at
one pound per 1,000 square feet.
d) Trees -Prune all txees to specification. Establish tree rings.
e) Irrigation - Perform start-up irrigation system check and repair all heads, swing
joints and lateral lines, raising and adjusting heads/nozzles as necessary,
Provide proposals to perform extra work for valve, main line, field wire,
backflow prevention devices, etc. repairs.
~ Mulch -Install Aguinaga Black Forest mulch size 0" to 1-1/2" or appxoved equal
%2" thick in all planters, designated tree rings and other designated areas.
g) Pavement Cleaning=Perform hardscape pressure washing pez• Section B.2.9.c of
routine maintenance specification.
h) Contractor understands that it is assuming maintenance responsibility of the
parks/locations "as is" and is responsible for improving all aspects of the parks,
irrigation system, hardscape, turf, ground cover, plants and all other areas to the
quality described in these specifications, at no additional cost to the City, during
the four (4) month start-up period.
i) Rebuild pitcher's mounds and batters boxes using Hilltopper by Stabilizer
Solutions for ball diamonds with sport turf infields. Use Ballyard by Stabilizer
Solutions on ball diamonds with skinned infields (with no turf). Batters boxers
shall be 3" thick. Pitchers mounds shall be a 3" thick cap of material over a
compacted the standard infield mix. City will pay gone-time cost of $1,700 per i
mound ($5,100 total) the first year only. Contractor will then maintain
mounds/boxes at no additional cost.
2. Scheduling of Work -Routine Maintenance
a} The Contractor shall provide landscape maintenance between the hours of b:00
a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified
only with the Director's consent. Landscape maintenance that generates excess
noise cannot begin before 8:00 a.m.
25C-92
b} The Contractor shall establish schedules of "routine work" to be followed in the
performance of this contract. Schedules listing the name and size of specific
crews performing daily, weekly, monthly, annual and periodic maintenance
shall submitted to the Director each month. A copy of these schedules shall be
provided to the Director prior the performance, and any changes in scheduling
shall be reported in writing and subject to the approval of the Director. The
schedule shall include days of the week and what person/crew will be
performing specific work in accordance with the specification. Each
person/crew will be identified and list the number of employees by job
classification. Once the initial schedule of "routine work" is completed the
Contractor shall notify the Director in writing before any changes are made.
c) The Contractor shall establish a schedule of renovations, pzuning/trimming and
other infrequent operations. A copy of this schedule shall be provided to the
Director prior to performance, and any changes in scheduling shall be reported
in writing and subject to the approval of the Director. Once the initial schedule
is completed the Contractor shall notify the Director in writing before any
changes are made.
3. Work Force
a) Contractor's supervisory personnel (Supervisors) shall have a combination of
five years experience or education in Ornamental Horticulture, Landscape
Architecture, Irrigation Technology or related science. Supervisors shall also
possess landscape/grounds management skills required to implement modern
methods and newly developed horticultural and arboriculture procedures and/or
practices. Supervisors shall accompany the Director on weekly inspection tows
of the contract sites. During the tour the Supervisor shall indicate the work
completed the previous week, any changes that were made or are being
contemplated and the work scheduled for the upcoming week and month.
b) The Contractor shall provide a Certified Irrigation Specialist in each district who
possesses, at minimum, a Certificate in "Ornamental Horticulture Certificate of
Proficiency Specialization in Landscape Irrigation" or holds a current California
Landscape Contractors Association "Certified Landscape Technician"
certificate to manage each sites irrigation systems controller programming,
performance and maintenance including, but not limited to, performing all
irrigation checks/report writing and to perform repairs and/or, modifications to
the irrigation system.
c) The Contractor shall insure that all staff has a minimum of two years of
landscape maintenance experience or education.
d} The Director may request that the Contractor perform additional work or
services to meet the performance standards required by this Agreement.
e} Director may require Contractor to remove any employee from work sites at his
or her discretion.
4. Materials
25C-93
a) The Contractor shall submit to the Director a list of all materials ancVor
chemicals that may be used pursuant to the terms of this Agreement. The list
shall include Material Safety Data Sheets and chemical analysis where
applicable, recommended usage and any other manufacturers data that may be
pertinent. The list must be submitted before any materials/chemicals are used
pursuant to this Agreement.
b) The materials and chemicals utilized in furtherance of this Agreement shall
comply with the following standards:
(1) All fertilizers shall be complete, furnishing the required percentage of
nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other
plants in a healthy and vigorous growing condition.
(2) Pesticides including but not limited to: Insecticides, fungicides, herbicides,
algaecides, aviacides, and rodenticides shall be of the best quality
obtainable and available on the market, properly labeled with guaranteed
analysis, and brought to the job site in the manufacturer's original
container.
(3} Tree stakes, tree ties and guy wires shall be of materials matching those
existing at the work site or as specified by the Director.
5. Rec, cling
All organic waste (including leaves, grass clippings, brush, branches, and tree parts}
resulting from work performed under this conh•act shall be disposed of pursuant to the
requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste
cannot be taken to a landfill. Every month, the Contractor shall submit receipts from
licensed compositors/green waste recycling facilities, to the Director listing the tons of
organic waste recycled and the names and addresses of the composting or processing
companies.
C. ROUTINE MAINTENANCE
Routine maintenance shall include but not be limited to the following services performed at
the Work Sites listed in Exhibit E.
1. Turf Care
Turf care shall be differentiated by the two types of turf - "Casual Turfl' and
"Sport/Priority Turf (see site maps in Attachment 2 that identify the areas for each
type of turf). Note that the ball diamond infield sub-contractor shall perform all
maintenance of turf inside the infield arc line. This includes the infield turf and the
foul territory turf
a) Mowing
All "casual" turf (non-sport/priority turf) shall be mowed: 1} weekly
May 1 through October 31 and, 2} every other week November 1
through April 30. The Contractor shall use a tractor powered reverse flail
25C-94
mower for the larger open turf areas, a 52" mower and a small walk
behind mower for areas between trees and othet• park amenities. The
Director shall determine height of cut. String trimmers are not allowed
for mowing turf. Any visible clippings shall be collected and disposed
of pursuant to SAMC Chapter 16.
(1) All "sport/priority" turf as described in Attachment No. 2 shall be
mowed once a week all year. Any visible clippings shall be collected
and disposed of pursuant to SAMC Chapter 16. The Contractor shall
mow the sport/priority turf areas at '/a" to 1" using a power driven
fairway reel mower and a walk behind reel mower along skinned infield
brick dust areas, turf infields, turf infield foul areas, soccer/football
fields, soccer/football out of bound areas. The Director's Representative
shall direct the Contractor to mow the sport/priority turf lower than 3/a"
to 1" if necessary. Note that the ball diamond infield maintenance sub-
contractor shall be responsible for mowing turf infields and other
designated ball diamond turf areas. (see Attachment 1).
{2) The Contractor shall maintain mowers that provide a smooth, even cut
without ridges or depressions and without tearing of the leaf blades
(caused by unsharpened mower blades). Mowing shall be performed at
the speed the mowers manufacturer specifies to maximize quality of cut.
Mowing shall be performed with straight and flowing patterns approved
by the Director's Representative. The emphasis will be on quality
mowing vs. speed and unprofessional patterns. From time to time the
Director will direct the Contractor to change mowing pattern to
minimize rutting and compaction. The Contractor shall mow grasses
and broadleaf plants once per month in the Santiago Park Day Camp
(Nature Reserve) meadow area.
b) Edging and Detailing
All edging shall be performed with the use of a McClain's edger or approved
substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent
to all improved hard surfaces such as concrete, decomposed granite, asphalted
concrete paved at•eas. Edging/detailing shall be performed at the same time
mowing occurs. Chemical detailing of turf may occur with the Director's
approval. If chemical detailing is performed, the Contractor shall use the string
trimmer to remove the treated turf within one (1) week after symptoms of
phytotoxicity become recognizable.
(1) The Contractor shall use the McCIain's edger to edge straight lines along
fences, walls, or long flowing arcs. The Ditector's Representative may
require the Contractor to use string lines to edge straight lines if the
Contractor's staff fails to achieve this quality without this method.
(2} The Contractor shall detail around trees, along walls/fences and other
park amenities first using a sharpened shovel cut to establish a concentric
round circle around trees, poles, etc. Once the initial detailed circle is
established a skiing trimmer may be used to maintain the circle. Should
the circle begin to deform the Director shall direct the Contractor to
repeat the detail process.
25C-95
{3} The Contractor shall detail turf not greater than IO" away from walls or
fences. Detail lines shall be made straight and shall be maintained
straight. The Contractor shall, at his own cost, supply top soil and an
approved turf seed to reduce any existing bare soil areas along
walls/fences tha# are greater than 10".
c} Fertilization
(1) Casual Turf -Contractor shall apply fertilizer four {4) times per year at a
rate specified in the City's Agronomic Plan (see Attachment 3) with
Nitro King 19-4-4 during fall-winter and Lesco 39-0-0 during spring-
summer months.
(2) Sport Turf/Priority -Contractor shall apply fertilizer seven (7) times per
year per the City's Agronomic Plan" (see Attachment 3) using a
complete or approved fertilizer. The rate of application shall be at a rate
specified in the City's Agronomic Plan. The Director may request proof
of fertilizer applica#ion in the form of empty fertilizer bags.
d) lrrigation-all turf
{1) Contractor shall ensure irrigation schedules are constantly monitored to
provide adequate moisture in the soil for healthy turf, and avoid excess
wet conditions.
(2} Contractor shall not schedule irrigation of sports fields at least 24 hours
prior to the mowing process. During cooler periods of the year avoid
irrigating 48 hours prior to the mow procedures to ensure a quality cut of
the turf.
{3) Under normal conditions the contractor shall not schedule irrigation on
Friday and Saturday nights to avoid wet conditions during weekend
usage. Prior approval will be required to irrigate during weekends #o
coordinate with reservations.
(4) Turf areas shall be watered as required by weather conditions to provide
adequate moisture for optimum growth, At no time shall #urf areas show
a lack of green color or a loss of resilience due to lack of water. If
Contractor estimates additional water above and beyond the monthly
Estimated Applied Water (EAW) may be needed, he/she shall request
approval from the Park Service's U#ility Coordinator prior to exceeding
the monthly irrigation budget as detailed in the Monthly Water
Conservation Report Estimated Applied Water (EAW) requirements (see
Attachment 5). Failure to get approval from the Park Service's Utility
Coordinator prior to exceeding the monthly irrigation budget will result
in the Contractor to pay for the excess water.
(5) When an irrigation system does not adequately provide water to the turf
area in which it is installed, due to any reason including but not limited
to controller failure, valve failure, broken heads, poor system design,
etc,, the Contractor shall provide supplemental irrigation at no ex#ra cost
25C-96
to the City. The Contractor may use any reasonable means necessary to
uniformly irrigate turf areas.
(6) Should the Contractor not respond to signs of turf stress immediately, the
Direc#or, in his sole discretion, may dispatch his own staff to remedy the
stress and deduct the cost form the monthly invoice submitted by
Contractor.
(7) Automatic irrigation shall be conducted between the hours of 10:00 p.m.
and 4:00 a.m. and shall be programmed not to exceed the EAW. In the
event that Contractors water consumption exceeds the EAW City may
deduct said overages from the Contractor's monthly invoice.
(8) Contractor shall ensure that all staff working on irrigation possess one of
the following certifications:
a. California Landscape Contractor's Certified Landscape Technician
Program
b. Fullerton College Certificate of Proficiency in Landscape Irrigation
c. UC Riverside Certificate in Landscape Irrigation
e) Weed Control-all turf
The Contractor shall keep ail turf, casual and sport/priority turf, free of all turf
type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and
broadleaf weeds at all times. The Contractor shall, along with the monthly
Pes#icide Use report, submit a written schedule for weed abatement in turf
specifying the method, day and location where weed abatement will be
performed. The Director's Representative will review and approve written
schedule taking into consideration the park's use.
(1) Contractor shall apply approved pre-emergent herbicides to all ttuf areas
in order to control the germination of noxious weeds i.e. Dallis Grass,
Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc.
(2) Should turf type ox broadleaf weeds germinate, the Contractor shall
control the weeds immediately upon recognition by way of selective
and/or broad-spectrum post emergent herbicides approved by the
Director.
~ Replanting all turf
(1) Should turf begin to stress for any reason, Contractor shall begin
applying supplemental water and shall overseed these turf areas using La
Prim XD (spring/summer} or Stover Seed Grand Slam perennial rye
(falUwinter} seed at the manufacturer's recommended rate and process.
(2} Should turf die back to the point where soil is visible, Con#ractor shall
sod these turf areas using Greg Norman 1 hybrid Bermuda.
(3) The Contractor understands and accepts that at the beginning of the
agreement there may be existing turf areas that are thin or bare. The
Contractor, by entering into the agreement, shall routinely and at no
extra cost to the City, repair thin or bare turf areas by overseeding or
25C-97
sodding with approved seed or sod until a thick healthy stand of tuz•f is
established.
(4} Contractor also understands and accepts that Santa Ana is a very heavily
used park system, including increased foot traffic, athletic play, and
other uses.
g) Aeration
The Contractor shall aerate all turf areas, casual and sport/priority turf four (4}
times per year in March, June, September, and December. An aerator that will
remove soil plugs and deposit the cores on the surface of the turf shall perform
aeration. Cores shall be pulled to a depth of b"•
i) Sport/Priority Turf Renovation
(1) Once (1} per year during the spring/summer or the falUwinter (as
determined by the Director} the Contractor shall renovate sport/priority
turf using;
(a) spring/summer - LaPrima XD seed at six {6) pounds per
1,000 square feet in baz•e areas and four {4) pounds per 1,000
square feet where turf exists;
(b) falUwinter -Stover Seed Company Grand Slam see at eight
(8}pounds per 1,000 square feet
This shall be accomplished by mowing the existing turf dawn to 1/"
followed by verticutting (straight blades) to remove thatch. Prior to
seeding the contractor shall have the irrigation system functioning
properly and have a plan to provide supplemental irrigation as necessary
to germinate the seed to 100%. The field shall be top dressed prior to
seeding to provide a 100% flat playing surface.
(2) Once per month after the initial seeding process is completed the
Contractor shall overseed with at a rate of one (1} pound per 1,000
square feet by mowing the existing turf down to 3/4" followed by
verticutting (straight blades) to remove thatch.
(3) The Conhactor shall guarantee uniform germination/100% coverage free
of non-germinated areas within three (3) months from the time the first
application of seed or will sod any thin or bare areas with Pacific Sod
Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1
Hybrid Bermuda Sod that has been "cropped over" with perennial lye
grass. Director shall determine sod based on availability/season.
2. Ground Cover Care
a) Ed ing and Detailing
(1) Ground cover beds shall be maintained within their intended bounds and
edged and/or detailed the first week of every month to keep the beds
looking manicured at all times.
25C-98
(2) Ground cover shall not encroach into lawns, sluubs, adjacent desirable
bare areas, curbs, wall f xtures, furniture, beneath and/or into other
plants, etc. All sites shall be cleaned following each edging/detailing,
including streets.
b} Mulching of Bare Areas
In all groundcover areas where bare soil is visible or where the groundcover is
thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest
Floor Mulch or approved equal, size 0" to 1 %Z", %z" thick minimum every other
month starting in January during the third week as necessary to maintain
uniform and complete coverage. Mulch is to be maintained within its
boundaries.
c) Fertilization
The Contractor shall fertilize all groundcover areas four (4) times per year in
March, June, September, and December at two (2) pounds of actual nitrogen per
1,000 square feet using a slow release fertilizer using JTM Nutrients Complete
8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8}
pounds of actual nitrogen per 1,000 per square feet.
d) Re lantin~ -Premium Plant Material
The Contractor shall plant each year, in any area determined by the Director, 2"
plugs of premium plant species at appropriate spacing so as to achieve complete
coverage once the plant is 2/3rds mature. The Contractor shall be responsible for
the complete removal and replacement of plants lost due to normal attrition or
due to Contractor's failure to perform under the terms of this Agreement. City
is responsible for cost of replacing plants lost to vandalism; however, Contractor
must prove that it was vandalism that killed the plant. See Attachment 6 for
plant cap.
e} Re lantin~ ---Standard Plant Material
The Contractor shall plant each year, in any area determined by the Director, 64
count flats of standard plant species at a appropriate spacing so as to achieve
complete coverage once the plant is 2/3rds mature. The Contractor shall also be
responsible fox the complete removal and replacement of plants lost due to
normal attrition or due to Contractor's failure to perform under the teams of this
Agreement. City is responsible for cost of replacing plants lost to vandalism;
however, Contractor must prove that it was vandalism that killed the plant. See
Attachment 6 for plant cap.
3. Shrub Care
a) Pruning/trimmin~
25C-99
All shrubs growing in the work areas shall be pruned such that the plants remain
in a healthy growing condition. Plant growth shall be maintained to prevent
overgrowth into passageways, walks, streets, view of signs or in any manner
deemed objectionable by the Director. Dead or damaged limbs shall be
removed so that no projections or stubs remain. Pruning/trimming shall be done
by hand shears or Toppers in a manner to permit plants to grow naturally in
accordance with their normal growth chazacteristics. "Box hedging" may be
required on some shrubs, as set designated by the Director. Shear hedging or•
severe piuning/trirnming of plants, unless authorized by the Director, is not
permitted. Tapping of plants whose natural growth stems from the base of the
plant is not permitted. Should the Contractor top, shear hedge or severely prune
plants and disfigure or damage the plants, the Contractor shall be responsible
for replacing those plants with like kind and size as and subject to approval by
the Director.
The Contractor may be requested from time to time #o z•aise the bottom of the
shrubs for security reasons.
b) Replanting
The Contractor shall plant each year, in any area determined by the Director, 1
gallon standard shrubs at an appropriate spacing so as to achieve complete
coverage once the plant is 2/3rds mature. The Contractor shall also be
responsible for the complete removal and replacement of plants lost due to
normal attrition or due to Contractor's failure to perform under the terms of this
Agreement. City is responsible for cost of replacing plants lost to vandalism;
however, Contractor must prove that it was vandalism that killed the plant. See
Attachment 6 for plant cap.
c) Mulching of Bare Areas
In all shrub areas where bare soil is visible or where the shrub is thin so the soil
is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or
approved equal size 0" to 1 %2", thick minimum every other month starting
in January during the third week as necessary to maintain uniform and complete
coverage. Mulch is to be maintained within its boundaries.
d) Feztilization
The Contractor shall fertilize all shrub areas four (4) times per year in March,
June, September, and December using JTM Nutrients Complete 8-2-4 soil
conditioner plus NPK slow release fertilizer at a rate of eight (8} pounds of
actual nitrogen per 1,000 square feet.
4. Tree Care
a) Hei t/Quality of Pruning
In July and August of each yeaz• the Contractor shall routinely Class 1 prune all
trees up to a height of fifteen (15) feet. All trees within the scope of work shall
25C-100
be maintained to keep the natural integrity and shapes of the trees. Pruning shall
be accomplished in a manner that will ensure that each individual tree is Class I
pruned as set forth in the City of San#a Ana Tree Pruning/trimming acid Stump
Removal Specifications {see Attachment 8}. In addition, the Director may
require the Contractor to remove or prevent encroachment of trees into the
public right of way where the tree blocks vision or is considered undesirable.
Low branches overhanging sidewalks shall be trimmed to a height of nine (4}
feet above finish grade. Young trees needing pruning/trimming, training, and
shaping to develop caliper and a strong structural fiamework may have low
branching laterals and or appropriate sucker growth.
b) Staking,
Tying and Guying
All trees requiring staking shall be securely staked at all times with stakes and
rubber cinch ties approved by the Director. Rubber hoses and wire are not
permitted #ies. All stakes shall be set perpendicular to prevailing winds unless
designated otherwise by the Director. Tree stakes shall also be set a consistent
distance away from the trunk of the tree (minimum six (6} inches) to reduce
abrasion and cell elongation. The tops of all tree stakes shall be removed
approximately three (3) inches above the highest tie to reduce abrasion of main
or lateral branches of the tree.
c) Mulching of Bare Areas
In designated tree zing areas where bare soil is visible the Contractor shall apply
Aguinaga Black Forest Floor Mulch or approved equal size 0" to 1 I/s", thick
minimum every other month starting in January during the third week as
necessary to maintain uniform and complete coverage. Mulch is to be
maintained within its boundaries.
d) Fertilization
{1) Cycad and Palms shall be fertilized two (2) times per year in March and
September with Nutricote I3-5-11 total 3-stage controlled release palm
fertilizer at the manufacturer's recommended rate.
e} Hazardous Tree Renortina
In the event the Contractor detec#s any tree displaying roots heaving or girdling
(eithez• by roots or a foreign material), leaning, broken oz hanging limbs, or if
Contractor determines that potential safety hazard may exist Contrac#ox shad
notify the Director by phone within twenty-four {24) hours.
fl Loss of Trees
The Contractor shall be responsible for the complete removal and replacement
of any and all trees lost due to the Contractor's failure to perform under this
agzeement. Failure to perform includes but is not limited #o, girdling trees with
string trimmers or tree ties, improper planting of new trees, improper
pruning/trimming techniques which disfigure or destroy the trees natural
integrity and shape, or failure to detect and prevent treatable diseases and insect
infestations.
25C-101
Ail trees that exhibit the signs of disease or any other signs of distress shall be
inspected by a Certified Arborist approved by the Director. Should the Certified
Arborist determine that the tree had a terminal disease that the Contractor could
not have treated or prevented, the Contractor shall not be responsible to replace
the tree. However, should the Certif
ed Arborist determine that the tree's
unhealthy condition or death could have been prevented had the Contractor
treated the tree then Contractor shall be responsible far the cost of treatment to
restore the tree to a healthy condition or replace the tree. The latest American
Shade Tree Conference guidelines for value determination will determine the
value of the trees lost.
By entering into agreement with the City the Contractor acknowledges that they
accept the condition of each tree and should a tree go into decline or expire the
Contractor agrees to replace the tree with like species and size or agree that the
City shall withhold payment equal to the value of the tree.
5. Perennial/Annual Color
All perennial/annual color beds shall be maintained and planted/rotated four (4) times
per year as detailed in Attachment 4. Annual color is part of the base bid and not part
of the plant cap. For every rotation 150 flats are planted in annual planting areas.
6. Vine Planting, Establishment and Maintenance
a) Planting
Contractor shall continuously plant throughout the year at its own expense 1
gallon Parthenocissus tricuspidata {Boston Ivy} vines at 15' on center along
property walls, building waIls, and any other park owned walls until the vines
mature and cover the walls. Note that the Contractor shall irrigate the vines and
fertilize as necessary to promote healthy and vigorous growth. The Contractor
will immediately replace any vine at the Contractor's expense that is lost foz• any
reason including but not limited to lack of water, vandalism, accidental post
emergent spraying, etc. See Attachment 6 for plant cap.
b) Contractor shall trim the vine once it reaches the top of the wall or at a specific
height on the wall, as determined by the Director. The Contractor shall keep
vines off telephone poles or other non wall surfaces at all times
7. Weeds, Disease and Pest Control
a) Weed Control
All hardscape areas shall be kept free of weeds at all times. Weeds shall be
removed by hand and/or approved mechanical or chemical methods. Director
may dispatch City staff to remove weeds that reach two (2) inches or greater and
are not removed immediately. In such instance, the cost will be deducted from
the Contractor's monthly invoice.
b) Disease and Pest Control
25C-102
(1) The Contractor shall inspect on a daily continuous basis all landscaped
areas (turf, trees, shrubs, ground cover, and annual color) for presence of
disease, insect, rodent infestation or any other pests. If any pests, such
as but not limited to, disease, insect, algae, birds, animals, such as
rabbits, squirrels, or rodent infestation (rodents including rats, gophers,
moles, voles, etc.) is discovered, it shall immediately be controlled by
the Contractor at his/her expense using the safest and most expedient
method.
(2) The Contractor is responsible for inspecting all plant material on a
continuous basis and, as necessary, treating plant material to maintain
optimum health of the plants. If any plant material (turf, groundcover,
sluubs, trees) dies without the Contractor diagnosing the plan# and
implementing efforts to restore the plant to a healthy and attractive
appearance, the City will assume the Contractor caused the plant death.
Contractor will be required to replace the plant with like species and size
at no extra cost to the City. City is responsible for cost of replacing
plants lost to vandalism; however, Contractor must prove that it was
vandalism that killed the plant. In the case where turf is lost due to pest
damage, the Contractors shall replace the area of turf lost with Pacific
Sod Greg Norman 1 Hybrid Bermuda {during spring/summer} and
Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over
with Perennial Rye grass (during fall/winter)•
8. Irri atg ion System Maintenance
a} General Responsibilities
{1) Contractor's Certified Irrigation Specialist shall use automatic or
mechanical irrigation systems to irrigate all landscape areas detailed in this
Agreement. In the event the existing irrigation system fails to provide full
and proper coverage, the Contractor shall provide alternate irrigation with
full and proper coverage to all areas in the work site at no extra cost to the
City.
(2) Newly planted trees, shrubs, ground cover and turf shall receive adequate
water to promote normal healthy growth. Proper berms or basins shall be
maintained during plant establishment period.
h) Operation of Automatic Irrigation Controllers
Where the operation of automatic irrigation controllers is required, the
Contractor shall:
{1) Not duplicate any coded City key furnished by the Parks, Recreation &
Community Services Agency for access and operation of the controller.
(2} Surrender all keys furnished by the Parks, Recreation & Community
Services Agency at the end of the contract period or at any time deemed
necessary by the Director to prevent serious loss to the City of Santa Ana.
25C-103
(3} Protect the security of City property by keeping controller cabine# and
building doors lacked at all times.
(4) Refrain from using locked premises for storage of materials, supplies or
tools, except as approved by the Director.
(S) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m.
c) Water Conservation
{1) The Contractors Certified Irrigation Specialist shall meet once a month
with the Utility Coordinator to review the City's Monthly Water
Conservation Report (see Attachment 5
(2} ) to discuss water conservation strategies. These discussions may include,
but not be limited to, the Contractor turning off irrigation systems during
periods of rainfall and times when suspension of irrigation is desirable to
conserve water while remaining within the guidelines of the EAW.
(3} When the Utility Coordinator determines that plant material (turf,
groundcover, shrubs, and trees) must be irrigated, all controllers shall be
activated within twenty-four {24) hours. In the event the controllers are
not activated within 24 hours the City may charge Contractor all staff cost
incurred by City to activate controllers.
d} Inspection and Reporting
(1} The Contractor shall physically inspect the operation of all irrigation
systems once a month and prepare a written report specifying park name,
controller location/name, start times, run times, program name, station
number, and repairs needed. The Contractor shall maintain all sprinkler
systems using City standard irrigation products and details. All repairs
shall be to City specifications and details. Repairs to irrigation heads shall
be with matching precipitation nozzles. Contractor shall ensure that
excessive over spray/runoff into street right-of--ways or other areas not
intended to receive irrigation is conholled. The Contractor shall repair at
his own expense any irrigation head and lateral line rendered inoperable or
malfunctioning due to attrition vandalism, etc.
(2) Contractor shall perform a visual inspection of all irrigated areas once per
week. All areas receiving marginal coverage shall receive supplemental
irrigation by being irrigated by a portable irrigation method. The
contractor shall furnish all portable hoses, nozzles, sprinklers, etc.,
necessary to accomplish this additional irrigation. Care shall be exercised
to prevent a waste of water, exosion, and/or detrimental seepage into
existing underground improvements or structures.
e) Re airs
The Contractor shall be responsible for repairs to all irrigation heads, swing
joints and lateral lines as a part of this agreement. The Director will be
responsible for repairs to the irrigation system from the valve #o the water meter.
25C-104
9. Hardscape Maintenance
a) Ail paved areas, including but not limited to paved parking lots, curb guttez•s,
pool decks, stamped or other enriched hard surface areas, shall be thoroughly
cleaned once a week between Monday and Friday. Vacuums, blowers,
sweepers or other approved equipment may be used to clean hardscape areas.
Debris shall not be blown or swept onto adjacent streets or property. All debris
must be picked up by the Contractor and removed from the site. Debris and
litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches,
trash, sand gravel, and warn asphalt. The City shall approve any equipment that
is to be used for cleaning hardscape.
b) Picnic facilities and park benches, including but not limited to picnic tables,
barbecues, benches, concrete pads and shelters shall be continuously maintained
in a safe and clean condition.
c) Pavement cleaning -Contractor shall perform pressure washing monthly to
remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including
sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian
crosswalks in streets that are concrete or pavers, etc.
d) Site amenity cleaning -Contractor shall perform pressure washing of site
amenities, such as but not limited to, picnic tables, park benches, skate park,
walls, planters, raised curbing, railing, exterior of buildings, overhead shelters,
etc.
(1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic
pads, etc.) and park benches shall be cleaned every day Monday through
Sunday to assure that all trash, stains, spills, debris, glass, staples, nails,
tape, wire, etc. is removed.
(2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas,
and areas adjacent building entrances shall be cleaned once a month using
high pressure cleaning equipment.
(3} All barbecues shall have ashes, charcoal or any other materials removed
once a week. Following cleaning the Contractor shall paint the exterior of
the b.b.q.'s and the post with heat and rust resistant flat black paint.
e) All parks with flagpoles shall have an American flag displayed at all times. The
Contractor shall visually inspect the flag every day to assure i# is in good
condition. Should, in the opinion of the Director, the flag not be in good
condition (faded, discolored, torn and/or having holes) Contractor shall
immediately request from the Director a new flag. Contractor sha21 raise the
new flag immediately upon receipt from the Director.
f) Drinking fountains shall be clean, sanitized and unplugged every day Monday
through Sunday. The Contractor shall use approved germicidal cleaner and
products to assure that drinking fountains are clean and polished. The
Contractor shall remove any mineral build up, algae, stains, etc. so the drinking
fountain is 100% clean and polished. The Contractor shall achieve this level of I
25C-105
quality using a combination of cleansers, metal polish product, hand andlor
power tools. Should the drinking fountain be so plugged that dismantling the
fountain is required the Contractor shall notify the Director immediately so City
staff can make the repair.
10. PlaygroundlTot-Lot Areas
a} The Contractor shall provide maintenance of ail playgrounditot-lot sand and
rubberized areas once a week. Maintenance shall include, but not limited to,
loosening of compacted areas, re-grading sand areas to level condition
(eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that
debris and any other foreign objects are removed, removal of weeds, removing
sand on sidewalks surrounding the playground/tot-lot, eliminating berms
(including pre-existing) in the turf surrounding the playgroundJtot-lots (high
pressure water blasting or sod cutting, leveling and re-sodding are approved
methods), and trash and other undesirable material. Rubberized fall areas shall
be cleaned of sand and debris daily. Any sand that accumulates on the
rubberized surface shall be reused. Sand and debris on the playground
equipment shall be removed.
b} The City shall be responsible for all playground equipment and tot-lot area
safety inspections.
11. Ball Diamond Maintenance
The Contractor shall retain asub-contractor to provide ball diamond infield
maintenance as set forth in Attachment 1. IT IS THE INTENT OF THIS
AGREEMENT THAT THESE FACILITIES BE MAINTAINED SO THAT
PLAYER SAFETY AND THE QUALITY OF PLAY ARE CONTINUOUSLY
ENHANCED.
a} Baseball Perimeter Maintenance
Ball diamond perimeter maintenance shall be performed daily. Ball diamond
perimeter maintenance shall be defined as all areas outside the field of play and
sideline/dugout areas where coaches, players and others associated with the
game gather. Ball diamond perimeter maintenance areas shall inchide but is not
limited to grandstands, areas around concession stands, fence lines, warm-up
areas, etc. The work that shall be performed on a daily basis shall include
picking up trash and debris, blowing off areas/hosing down areas using a high
pressure nozzle to remove brick dust, stains and/oi any ather foreign material,
such as sunflower seeds or peanut shells, so that all areas, including pavement
and landscape areas, are 100% free and clean.
b) Daily Outfield Maintenance
(1) Irrigation checks and repairs to assure that irrigation heads are at the
proper grade to avoid injury to players who may fall on them and that no
"slippery" areas exist.
25C-106
(2} Fill in of divots and depressions and all uneven areas with #20 white silica
sand, organic compost mixed with LaPrima XD Bermuda grass seed
during the spring/summer and Stover Grand Slam perennial rye grass seed
during the fall winter to re-establish the areas.
(3) Level fence line areas using a rock or leveling rake.
(4) Level and drag warning track areas using nail drag followed by finishing
drag mats. Contractor shall apply new brick dust to fence lines and
warning tracks as necessary to maintain consistent layer of brick dust
in these areas.
c) Weekly Maintenance
(1) Contractor will then edge the fence lines and warning track to achieve
crisp straight Imes and a smooth crisp arc where the brick dust warning
track meets the sport turf.
d) Annual Maintenance
(1) Top dress outfield turf using Aguanaga Santa Ana mix or approved
product. Apply with an approved top dressing machine that will achieve a
level playing surface.
e) Non-recurring maintenance:
During inclement weather the Contractor shall work to reopen baseball fields as
soon as possible. The Contractor shall use Diamond Dry or an approved equal
to warning tracts and fence lines. In addition, the Contractor shall use hand
pumps or any other reasonable method necessary to drain water off the field.
12. Soccer /Football Field Maintenance
a) All soccer/football fields shall be inspected every day, Monday tluough Friday.
Contractor shall look for divots, depressions, debris, and other turf marring
conditions. if discovered, the Contractor shall fill in divots and depressions
with #20 white silica sand mixed with LaPrima XD Bermuda grass seed during
the spring/summer and Stovers Grand Slam perennial rye grass seed during the
fall winter to re-establish the areas.
b) Areas of the field where turf has been worn away due to play shall be raked,
dragged and leveled each day to provide alevel-playing surface free of divots,
depressions and uneven surfaces. The Contractor shall add approved topsoil to
these areas as necessary to keep the areas level and safe.
c) Annually, the Contractor shall top dress outfield turf using Aguanaga Santa Ana
mix or approved product. Apply with an approved top dressing machine that
will achieve a Ievel playing surface.
13. Sport Court Maintenance
25C-107
a) All sport courts shall be blown off daily. Courts and fence lines shall be
completely free of dirt, debris, etc.
b) AlI sport Courts shall be washed down suety other week to remove dust, gum
and stains. The courts shall have water removed immediately following the
washing down.
c} Contractor shall replace tennis and basketball nets when they become worn.
The City shall furnish nets.
14. General Maintenance and Clean-up For All Parks and Contracted Sites
a) All trash and debris on the ground or in trash receptacles shall be removed from
all worksites each day Monday through Sunday before 12:00 p.m. This includes
all landscape areas, paved areas, street curb gutters, flood control channels, etc.
b} The contractor shall rake, hand remove, or vacuum leaves that are not absorbed
by planting. This shall be done as often as required to maintain a neat
appearance.
c) After heavy windstorms or other inclement weather that impacts sites under this
agreement, the Contractor shall bring in extra staff to clean all parks areas within
two (2) days at no cost to the City. Debris, such as but not limited to, litter,
fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed fiorn
the worksites.
d) The Contractor shall keep sidewalks and all other paved areas swept and free of
any debris, dirt, glass, weeds, leaves, etc. at all times.
e} Drain inlets shall be checked and if necessary cleaned once per day to avoid
flooding of areas during inclement weather.
15. Other Requirements
a) Work Not Scheduled
The Director may delete a portion of or the entire work site from contractual
maintenance during a construction period or any period where the Director
determines that work cannot be scheduled. The deletion of this portion of work
will be reflected as a reduction in the monthly payment to the Contractor. The
amount of reduction will be based on the percentage of area involved and
agreed upon by the City and the Contractor in writing.
1 b. Special Maintenance
a) City of Santa Ana Corporation Yard -The Corporate Yard is the city's
maintenance operation center. In addition to the standard Grounds-Landscape
Specification the following special maintenance shall be performed.
(1) All trash receptacles shall be emptied daily five (5) days per week
and replaced with new trash liners. The Contractor shall install trash
liners so as not to be seen on the exterior of the receptacles. The
Contractor shall be responsible for replacing missing trash receptacle
25C-108
lids and interior waste receptacles when missing. Lids and interior
waste receptacles shall be provided by the City.
(2) All cigarette urns shall be siRed daily Monday through Friday. The
sand in the cigarette urns shall be fresh and leveled. Contractor shall
replace cigarette urn sand with #20 white silica sand once per month.
17. City Inspection
a) The Director or his designated representative shall regularly inspect the
parks, playgrounds, fields and all other City property subject to this Agreement.
If said inspection results in discovery of work that is not performed in the
manner, and to the professional degree set forth in the Specifications, Contractor
agrees that the City shall deduct fiom Contractor's next monthly payment, the
City's actual or estimated cost of performing the work to bring the property into
conformance with the specifications. Additionally, City shall impose liquidated
damages of up to $300.00 pea• inspection, per park not meeting the specifications
during any such inspection.
III. EXTRA WORK
It is the City's intent to keep parks and other public recreational sites in a beautifiil and exceptionally
well maintained condition. It is also the City's intend to continuously improve parks and public
recreational sites until they are the best in the county. It is with these intents in mind that the Director
may consider authorizing extra work.
A. Damage or malfunction to plant material or irrigation system equipment (from valve to
water meter), with the exception of irrigation heads and lateral lines, by any of the
following may be considered outside the scope of this Agreement:
{1) Acts of God
(2) Civil Disorder
(3) Vehicle Collision (excluding Conhactor and its employees and subs)
(4) Excavation or re-surfacing of the street
(5) Power failures
(6} Underground wiring damage
Contractor will not be considered responsible for replacement. Contractor must demonstrate to
the satisfaction of Director that one of the above occurred in order to be excused from
performing under the Agreement.
B. Requests for Extra Work -The Director may request that the Contractor submit proposals
for extra work in order to improve the grounds-landscape in the contract sites. The Contractor
shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Attachment
7). The Contractor shall complete the spreadsheet in its entirety using hislher proposed extra
work pricing (that is a part of this agreement) in order for the proposal to be considered. City
reserves the right to requests materials/equipment receipts with invoices. All labor shall be
quoted on a "not to exceed" basis and City will only pay for labor actually incurred.
25C-109
25C-110
ATTACHMENT NO. 1
SUB-CONTRACTOR
BALL DIAMOND 1N-FIELD MAINTENANCE
1,0 Scope of Work
1. i State of California Licensed C-27 Contractor specializing in Batl Diamond In-Field
Maintenance shall provide in-field brick dust maintenance for nine (9) Baseball/Softball
Diamonds per the specifications and conditions listed below:
2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site
2.1 Delhi Park
2.i.I One (1) 64' base path Major Little League diamond with skinned brick
dust inf
eld.
2.2 Heritage Park
2.2.1 One (1} 60' base path Giris Softball/Major Little League diamond with
skinned brick dust infield.
2.3 Madison Park
2.3.1 One (1) 60'/90' base path Major Little League diamond with skinned
brick dust infield.
2.3.2 One (1) T-Ball diamond with skinned brick dust infield.
4 Total diamonds at 3 park sites.
3.0 Schedule of Work to be Completed
3.1 Delhi Park: 5 Days per wk, Feb is` to July 15~'
3 Day per wk, July 16`t' to Jan 31 S`
Heritage Park: 3 Days per wk Year round
Madison Park 5 Days per wk ,Feb 1S` to July 15`t'
3 Day per wk July 16"'to Jan 31S` ~
4.0 Field Composition Mix (Brick dust) To Be Used When Maintaining In-fields.
4.1 Field In General
4,1.1 When adding field composition mix (brick dust) to any City of Santa
Ana ball field, the specific type of material to be used is: Pro Gold
Infield Mix with stabilizer from Gail Materials (951} 279-1095.
25C-111
4.2 Pitchers Mound/Home PlateBase path Areas
4.2.1 When adding a mix with a higher clay composition material to any
pitcher's mound/home plate/base-path area, where a spoz-t turf infield exists, the specific
type of material to be used is: Hill Topper Home Plate and Mound Mix by Stabilizer
Solutions.
4.2.2 When adding a mix with a higher clay composition material to any
pitcher's mound/home plate base-path area, where a skinned infield exists, the specific
type of material to be used is: Ballyard with Stabilizer by Stabilizer Solutions. ~
5.0 Equipment
The contractor shall provide and have "on hand" at all times during the brick dust maintenance
operation the following equipment.
5.1 Utility Vehicle
Small tight turn radios (13') vehicle designed especially for this type of work. This
vehicle shall have the capability to make circle and figure eight patterns completely
within the skinned brick dust infield area and not trespass onto adjacent turf areas.
Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu maybe acceptable.
5.2 Draus
5.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The
drag shall be made of heavy-duty steel capable of caiYying additional
weight {`s}. Digging teeth shall be hardened and pointed and be '/z" in
diameter. Pull chain shall be included.
5.2.2 Cutting and Leveling Drag: Used to level and backfill low spats in the
skinned area. The leveling drag and cutting blades shall be made of
galvanized steel. This drag shall feature cutting blades that are
adjustable and capable of cutting down dirt build-up (high spots) and
depositing dirt into holes (low spots} creating a smooth and level playing
surface. Pull chain shall be included.
5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a
daily basis and lighter/gentle movement of brick dust. This drag shall be
galvanized metal "door-mat" link. Pull chain shall be included. Drag
shall be 6' in length by 6' in width.
5.3 Other Equipment
5.3.1 Hand Tamn: 201b. variety with 48" min. handle. Used to compact worn
areas around bases, home plate and pitching mound. {
5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help
prevent wet clay from sticking.
25C-112
5.3.3 Grade or Groomin R~_Used to rake and fine level areas. Shall be
made of aluminum, 36" wide and a 6' handle.
5.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and
Scoop shovels.
5.3.5 Heavy Dut•+~Hose: Used to water down skinned area. Shall be 3/4" to
1"top quality construction with 225-psi working pressure. Leaks of any
kind are not permitted. Conhactor shall have a minimum of 175' of hose
on hand at all times.
5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brick dust
and push excess brick dust off turf edges.
5.3.7 Industrial Push Broorn: Used to remove excess brick dust from turf
edges. Shall be 24" min. wide with heavy-duty dual weight bristles.
5.4 Wet Conditions Equipment" (Add to equipment above)
During periods of inclement weather or when the areas are wet the contractor shall have
"on-hand" during all brick dust maintenance operations the following items:
5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or
drains. Shall be 24" to 36" wide with neoprene blade and
magnesium/aluminum head.
5.4.2 "Super Sopper": Used to collect standing water in brick dust areas.
Shall be drum type with exterior sponge and arm holding drum.
5.4.3 Diamond or Beckson Pump: Used to remove standing water in brick
dust areas. Shall be plastic with flexible piston and value.
5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water
in brick dust areas. Sopper shall be geotextile-covered sponge typical for
absorbing chemical spills.
6.0 Meetings
6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone
number to reach the contact person from the hours of 6:30am - S:OOpm, Monday
Saturday.
6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This
site supervisor shall meet with staff one {1) time per week at a time and place agreed
upon by both parties for as long as the contract is in effect to discuss any
problems/concerns that may arise and any goals for the day/week.
6.3 In November of each year for as long as the contract is in effect, Contractor shall
personally meet with staff, along with the designated site supervisor, to discuss and
outline schedules for "Annual Renovations" {listed in Section 10.0}.
7.0 Daily Infield Maintenance
25C-113
7.1 General
7.1.1 Contractor shall remove all litter, broken glass and hazardous debris
from infield and dugout areas.
7.1.2 Contractor shall keep brick dust and dugout areas in a weed free
condition.
7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they are
100% free of brick dust or any other debris.
7.2 Maintenance Procedure
7.2.1 Retain smooth and level playing surface, using the following daily
procedure. The contractor shall remove all bases before beginning any
work on in-field and re-install after all work on in-field is completed.
7.2.2 After removing all bases, the contractor shall scrape/wire brush all base
post anchors and base inserts. This will help facilitate the base removal
and installation.
7.2.3 The Contractor shall rake/shovel Loose material from high spots back
into low spots/worn areas on running paths, sliding zones, and any other
low spots/worn areas appearing on the field before any watering or
dragging shall take place
7.3 Home Plate Area/Batters Box Area Holes
7.3.1 Sweep/Rake away all loose brick dust.
7.3.2 Wet area until moist.
7.3.3 Scarify area (`s) [batters box hole(`s)~ with shovel. This will help the
mix bind better.
7.3.4 Ina 5 gallon bucket mix "mound mix" with water to desired consistency.
Do not use infield mix for this purpose.
7.3.5 Backfill "mound-mix" material into hole(`s}.
7.3.6 Tamp the area ftzm1y with steel tamp.
Note: The tamp will be most effective if you cover the bottom
with plastic. Tape the plastic to the tamp handle. The
plastic keeps the clay from sticking to the tamp's bottom.
7.3.7 After tamping and compacting the "mound mix" covers areas with
infield brick dust.
7.4 Pitcher's Mound
25C-114
7.4.1 Follow same procedure for repair of home plate/batters box area utilizing
dry "mound mix" for this purpose. Do not cover with infield mix.
7.4.2 Add to the above the following: Rake all Ioose material from bottom to
top and cover with "Mound Mix".
7.5 GBF7ck dustickdust Skinned Infield Areas
7.5.1 After raking/shoveling loose material from high spots back into low
spots/worn areas on running paths, sliding zones, and any other low
spots/worn areas appearing on the field, the Contractor shall fill all
remaining low spots with new Gait Materials "Pro Gold with Stabilizer"
brick dust from stock and make level.
7.5.2 The contractor shall clean all excess brick dust beneath or next to the
backstop, dugout chain link fencing and/or meld chain link fence lines
so that the infield brick dust is level with the dugout pavement and
pavement outside the infield.
7.5.3 Lightly water entire infield before dragging.
Note: Watering shall penetrate brick dust to a minimum depth
of 1/8" deep min. This process is crucial to keeping brick
dust in place and not going air borne.
7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or
finishing drag". Circular or figure eight drag patterns shall be used (see
details 1-A & 1-B). Alternate drag patterns or reverse direction of drag
patterns daily to avoid ruts and high/low areas. Speed of drag procedure
shall not exceed 7 mph.
7.S.S When dragging the skinned infield, the contractor shall stay away fiom
all turf edges a minimum of 18". This will help in avoiding lips at brick
dustltuif edges. This 18' gap shall also apply to all backstops and chain
link fence areas.
7.5.6 Contractor shall hand rake all base paths on combination turf/brick dust
infields.
7.5.7 When the dragging process is complete, the contractor shall stop the drag
in a different location daily. This will stop the accumulation of brick
dust in focused areas. At this time roll-up the drag, place it on the
vehicle and remove all debris accumulated in the drag at this spot and
rake out material emptied from drag.
7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming
rake". The rake shall be held at an angle as to not push brick dust
onto/into turf areas.
7.5.9 After raking the 18" edges, the contractor shall clean all excess brick
dust on the turf edges utilizing a high pressure water one (1) time per
week. NO brick dust shall be permitted on the turf edges at any time. If
25C-115
in the detez•mination of City staff, an unsafe lip situation exists {an unsafe
lip is %2" or greater) in any turf/brick dust border area infield to brick
dust, base-paths or brick dust to outfield), contractor will be required to
remove or level the soil build-up with a sod cutter and re-establish the in-
field boundaries with a string line or suitable method and re-sod up to the
border to remedy the situation at contractors expense. Pre-existing
conditions shall be corrected during contract start-up.
7.6 Final Watering
7.6.1 This is the most time consuming and a ver~portant element of the
,procedure.
7.6.2 The contractor shall final water the skinned brick dust to a depth of 1/4"
minimum.
SA Rainy Weather/Wet Field Procedure
8.1 On the next scheduled working day after a rainfall, the following procedure, in the order
listed, shall be adhered to:
8.1.1 Remove all standing water fiom Iow spots either by skimming off excess
water and spreading it out to dry areas or using apump/sopper system.
8.1.2 Rake out (scarify) wet areas.
8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brick dust
Materials from stock to all Wet Areas and Rake Out.
9.0 Work to be Completed "Bl-MONTHLY"
9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify
drag built up amounts of materials at high spots and cut and level drag the scarified
material to law spots. The Contractor shall fill any remaining low spots with new Gail
Materials "Pro Gold with Stabilizer" brick dust from stock and make level.
Note: Staff shall identify areas to scarify/cut and level drag to
the contractor at weekly meetings with contractors
appointed site supervisor {as per section 6.2 of contract).
9.2 Heavy water scarified and cut and leveled areas to a min, depth and allow settling in
before play on field.
Note: Due to heavy watering and its need to settle befoz•e play,
staff shall provide a schedule of bi-monthly scarify/cut
and level drag dates to contractor.
10.0 Work to be Completed "ANNUALLY"
10.1 Each year, the following renovation is to be done on all fields in conjunction with the
City's Annual Sports Turf Renovation Schedule. Fields renovated may change from
year to year.
25C-116
10,1,1 Contractor shall laser grade each ball diamond. Contractor shall scarify
drag built up amounts of materials at high spots and cut and level drag
the scarified material to low spots. The Contractor shall fill any
remaining low spots with new Gail Materials "Pro Gold with Stabilizer"
brick dust from stock and make level.
Note; Staff shall identify areas to scarify/cut and level drag at
the November meeting with contractor's owner (as per
section 6.3 of conhact).
10.1.2 Contractor shall verify all base distances, pitching rubber distances and
pitching mound heights per the Li#tle League, Pony/Colt League
specifications for each specific field. Contractor shall repair any
specifcations not being met on any field.
10.1.3 In addition, contractor shall install 1/2" new Gaii Materials "Pro-gold
with Stabilizer" (brick dust) to in-fields at all diamonds {minimum 26
tons per Girls Softball/Major Little League Field and minimum 40 tons
per Junior/Senior Little League Field). Also, the contractor shall install a
minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little
League Field and 2 tons of Turface calcite clay to Junior/Senior Little
League Fields Responsibility for and purchase of necessary materials
shall be at contractor's expense.
Note: The City has the right to move brick dust and Turface
materials to other infields under this agreement should
they decide that an infield or infields do not require
additional materials a particular year.
11.0 Work To Be Completed "AS DIRECTED"
11.1 Replace Base ANCHORS as directed. (This will be considered extra work.)
Note: City of Santa Ana use's the Hollywood base anchoring
system. Contractor shall install base anchors into the
ground per manufacturer's standards. Top of stake shall
be approximately 2" below the surface grade so that the
base sits level and flush against the surface on all sides.
11.2 Replace Bases as directed. {This will be considered extra work.)
Note: City of Santa Ana shall be responsible for supplying all
necessary base anchors andlor bases to the contractor as
needed.
11.3 Replace or Remove/LevellRe-Install home plates as directed.
11,4 Replace or Remove/LeveURe-Install pitching rubbers as directed.
25C-117
Note: City of Santa Ana shall be responsible for supplying all
necessazy home plates and/oz• pitching rubbers to the
contractor as needed.
I1.5 When given direction to complete "as dzzected" work, contractor shall complete the
directed work on the next working day.
12A Infield Turf Maintenance
12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36"
beyond the infield brick dust skin line/arc. Infield turf shall be mowed three (3) times
per week February -August and one (1}time per week September -January.
12.1.1 Contractor shall use a "greens" reel mower to provide "putting green"
quality finish cut.
12.1.2 Infield turf shall be cut between %i" and 3/4" per staff's direction.
12.1.3 AlI turf clippings shall be collected and disposed of.
12.2 Infield turf shall be irrigated to maximize healthy growth of the tuz•f while conserving
water. Over watering will not be acceptable.
12.2.1 Contractor shall check and program the automatic irrigation controller
minimum one time per week.
12.2.2 Contractor shall provide any areas of the turf supplemental watering
using a garden hose on an as needed basis to assure a high quality turf
infield.
12.2.3 Infield turf shall be fertilized one (I) time per month February apply
Nitro King 22-4-4 and March, April, May, June, July, August,
September apply Turf Supreme I6-6-8 at a rate of one (1) pound of
actual nitrogen per 1,000 square feet of turf
12.2.4 Contractor shall distz•ibute the fertilizer evenly using a mechanical
broadcaster. No hand distribution will be allowed.
12.2.5 Immediately following fertilization the Contractor shall water in the
fertilizer to avoid chemically "burning" the turf
12.3 Infield turf shall be aerated using a walk behind piston type aerator two (2) times per
year, in Januaiy and July. All cores shall be removed. Dragging of cores is not
permitted.
12.4 Infield turf shall be kept weed free at all times. !
12.4.1 Any grasses other than the original hybrid Bermuda installed in the
infield shall be eradicated immediately upon notice. The Contractor may
choose the method of eradication, however, may not damage the turf.
25C-118
12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The
Contractor may choose the method of eradication, however, may not
damage the turf.
12.5 Infield turf shall be kept free of disease and rodents at all times.
12.5.1 The Contractor shall be responsible for identifying and treating any
diseases or rodents immediately upon notice.
12.b Infield turf annual renovation
12.7 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers
straight blade reels; 2) mowed to %a" high immediately following verticutting; 3)
overseeded during spring/summer with LaPrima XD Bermuda Seed at a rate of 8
pounds of seed per 1,000 square feet and fall/winter -Stover Seed Company Grand
Slam seed at eight (8) pounds per 1,000 square feet; and, 4} top dressed immediately
following seeding by Aguinaga Materials using "Santa Ana Top Dress Mix."
12.8 All infield turf edges including the arc skin line, base paths, pitchers mounds, etc., shall
be edged one (1) time per week. The edged lines shall be straight and, where curved
lines are required, the arcs will be a true radius.
13.0 General Contract Provisions
13.1 Contractor shall provide and is responsible for all equipment necessary to carry out
the work outlined in the contract. There will be no available storage for equipment.
Contractor will be responsible for bringing in and then removing all equipment
necessary to carry out the work outlined in the contract.
25C-119
25C-120
ATTACHMENT3
City of Santa Ana, Park Maintenance
Agromonic Plan 2U08
Application
Trt dates T e Maintenance Descri tion unit of measure
1 anuar G Winter Fertilization ]b
Feb 15 -
2 March 15 G Late Winter Fertilization lb
3 Aril G S rin Fertilization SCU Ib
4 une G Fertilization SGU lb
5 Au ust G Fertilization SCU lb
6 October G Fall Fertilization Fall lb
Late Nov
7 Eari Dec G Late Fall Fertilization lb
IPM and Misc
A lications
A anuar L Preemer ence Crab rass Control 1st a oz
B Janua G Fertilization with reemer ent lb o tion
Backpack Systemic BL Weed Control as needed (fl
C All ear L oz.
D A r & Oct L General BL Weed Control as Needed fl oz
E Mid A ril L_ Freemer ence Crab rass Control 2nd a oz
Optional Pre and early Post Crab Control (oz) in 5 oz
F Mid A ril L ouches
G Mid A ril G 0 tional Pre and earl Fost Crab Control lb
H Mid A ril G 0 tional Fre and earl ast Crab Coltrol lb
I Aril - Ma L Sed a Coltrol as needed oz
J une - Au ust L Sed a Su ression as needed oz
I{ Ma -June G Grub revention lb
May - Spurge and blaclc medic preventative
L October L contact ostemer ence fl oz)
M Ma une L Grub reactive
N Ali ear L Coltrol Of Oxailis as needed fl oz
0 Au -Oct L Kiku u rass 2 to 3 a s 4 weeps a art
P ul -Oct L Postemer ence Crab rass Control fl oz
Au - Se t. L Preemer ence Poa annua Control oz
R Au - Se t. G Granular 0 tion Pre oa annua control lb
S Au - Se t. G Granular 0 tion Pre oa annua control lb
T Nov -Dec. L Postemer ence Poa Control fl oz
ORNAMENTAL
PROGRAM
25C-121 f
Application
Trt dates T e Maintenance Descri tion unit of measure
At color
1 chan e G Fertilization of seasonal color 75 oz SF
2 an -Dec. G General shrub and round cover fertilization Ib
3 an L Pre emer ence bed weed control-broadleaf oz
4 Set L Preemer ence bed weed control-broadleaf oz
5 an L Preemer ence bed weed control- rasses oz
6 Set L Preemer ence bed weed control- rasses oz
Ornamental bed, broadleft and grassy weed control
7 an and Se t. G o tion
IPT and Misc.
A Iications
1 Mar - une L Past emer ence rass control as needed fl oz
2 Ma & ul L Pre emer ence sed a control as needed fl oz
3 As needed G Snail and slu control oz
Post emergence non-selective systemic weed control
4 Jan-Dec. L oz
Post emergence non-selective contact weed control
5 Nov -March L fl.oz
A an - A ril L A hic, Whitefl other suckin insects oz 100 al
13 Jan -March L Olive Fruit control fl.oz 100 al -at color chan e
C As needed L Insect control eneral fl oz 100 al
D As needed L Insect control eneral al 100 al
E As needed L Mite control fl oz 100 al
F Aril - Au ust L White fl control on Hibiscus X losma fl oz 100 al
G As needed L Powder mildew control as needed fl oz 100 al
Phytophthora root rot and overall chlorotic plants (fl
H All ear L oz 1.00 al
PLANT GROWTH
CONTROL
<48 hrs after
shear L General lant material as needed fl oz 100 al
<10 d after
K shear L I , 'asmine, hone suclzle fl oz 100 al
i/park services/park operation/poadm/excell/irvine agromonic plan 2009
25C-122
i
ATTACHMENT 4
ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION
Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form
of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator
may adjust this if adequate organic matter is already present in the soil but the successful bidder must
be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise
25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8"
depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio
of 1:2:1, 1:1:1, 1;2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive
vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to
maintain a robust appearance and maximum flowering. After incorporating organic material and other
supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material
must be removed from the bed.
During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding
soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make
the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it
was growing in the container. Smooth out the soil around the plants after planting, including
footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material {deeper
for larger pots).
Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent
basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free
condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must
be in a straight alignment at the time of planting. Plant species that may be planted at different times
of the year may include but not be limited to the following annual bedding plants:
• Spring/Summer -April through October 1
Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens,
Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias
• FalUWinter
Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus
Vandalism
Contractor shall check annual color beds daily (Monday through Friday). If plants are missing
or vandalized, the Contractor shall provide the City's representative with a proposal to replace
missing/damaged plants. After the City's Representative signs the proposal, the Contractor
shall then replant/replace missingldamaged plants within 48 hours.
The City's contract administrator shall be the sole judge of whether the above specifications are
met. The contract administrator shall also approve the types and combinations of color bedding
plants prior to installation.
25C-123
25C-124
Attachment #5
MEMaRANt'yUM
Mlsslon: ~aucatton j~
f
To /roprove the qua//ty of JNe or (hose who vIs/l parks, paw Services Division
b/keways, and pubrrc recrw~tlona/ faclltles by p/evld/ng
quarlty customor rerv/ce !h an atmosphere of conthruous i~arl~s, Recreation, and Community Services
Jmprovementand stror{q empleyee developmen! Agency
To: Mike Lopez Date: January 49, 2048
From: Loren Rossignol
Subject: Monthly Water Management Report For Qecember 2048
Purpose: To improve our wafer management practices trirough education and technology, and to insure the
efficient and responsible use of our water resou>raes.
t. Oata recording and methods of collect=on
Data is recorded by 57 Calsense mode( ET 9, ET2000, and 2100 controllers that have fEow meters.
The data is collected by a central computer or is manually downloaded to a laptop computer. Ail other
sites are recorded by City water meters and manually read.
The data contained in Section I€ of this report was derived from 92 Calsense 2900
irrigation controllers that utilize moisture sensors.
I!. Savings due to moisture sensing DecemberSAVtNGS:
Gallons: 703
Dollars: $ 2.95
III. Usage in gallons for Calsense sl#es
PARKS, BIKEWAYS, & PUBLIC FAG'S 1,358,999 $41xx.68
MANUAL! TEST & NON CONTROLLER 9fi7 700 $ 61'1.49
THORNTON PARK IRRIGATION & LAKE 66x,672 $2,027.25
COMBINED USAGE 1=0R ALL SITES 2,199,283 $6,683.x2
December 2008
COMBINED USAGE FOR ALL SITES 4,977,853 $93,873.27
November 2008
tV. Usage in gallons for non•Calsense sites
PARKS 1 213 256 $3,700.x3
CENTENNIAL PARK & LAKE 492,932 $1 &03.44
CIVIC CENTER NA NA
81 KEWAYS NA NA
• Page 7
8.1
25C-125
V. December 2008 8 2007 calendar month CatSense combined usage comparison.
YEAR USAGE MANUALITESTINON ETO PA7.
2008 2,199 ,283 or $6,663.42 167 700 or $511.49 1.67" 3.14"
2007 3,469 S20 or $8,677.27 396 468 or $891.57 2.17" 0.64"
MAWA: (Maximum Applied Water Allowance) The calculated "not to exceed° limit of annual applied water for
a mature landscaped area. MAWA does not consider rainfall.
Fr4W: (t=stimated Applied Water) A projection of the amount of water that should be supplied to a landscape
by the irrigation system, as measured by a water meter. !n any month when Effective Rainfall is received, it
may substitute for applied water.
Jerry 8arela Richard Ortiz
Kevin Ciarlc District INMERCHANTS
Juan Garcia District N/MASTERS
Paul Johnson VISTA DEL VERDE
File
i
i
I
• Page 2
y 8• z..
25C-126
unrsooe Detrember 2008 1
CALSENSE CONTROLLER
USAGE {Gallons) COMPARISO{V
FACILITY MANRE5r kON TOTAL C05f PRGMO APPLIED NCF
O 444 3 0.85 2,8 0 4
BOMO KORAL °8" 488 ~ 488 $ 0.95 18,847 25 29
CITYYARD'A" 0 $ - NA NA #VALUEI
CITY YARD"B" 17,078 0~;i-.;=:.:::;°17;78 $ 33.15 32,568 32,558 6S #VALUEI
DELHI ARK 65 0 65 $ O.i3 70,872 70,872 95
DELHICENTER'A 5,859 jr•'•'~',1<Y.~,~r8, $ 11.37 3fi,097 36,097
DELHI CENTER'S' 4,916 `-'~e:~;.4`:'..Z~i`` ~ S 9.54 20,819 20,819 34 30
HERITAGE PARK 16,688 i53 ~In k';'c $ 32.69 111,626 1 i i,626
LAWN BOWLING 0 22,800 '@ , S 44.25 16,902 '!6,902 53 ,
LILLIE KING 8,466 0 8,486 S 16.43 88,532 88,532 1 ;
MADISON PARK 7,775 i ~';;';;;;,:"'.''r ~ S 15.09 7,541 27,541
ROSlTA PARK "A" 16,974 0 x*;'?;"'s~_r~ $ 32.95 114,819 114,818 176
ROSITA PARK "B" 0 72 72 S 0.14 47,853 47,853 G4 240
NOPOINTE PARK 2,840 50 2,830 S 5.61 53,598 53,598 76 ~
SANTAANITAPARK 0 $ - NA NA #VALUE!
BIRC ARK 708 1,555 ;:;=.<-~?yis=;..~ _ . 4.3 21,889 2 , 89 2 ~
MEMORY LN. 0 1 1 $ 0.00 10,043 10,043 13 ~
PORTOLAPARK 2,510 991 =:.':;:.,.-':33;6~'E; $ 6.80 23,021 23,021 35
A PA 0 - NA NA VALUE
CENTENNIAL "E° 0 3,643 s~:;':;a:~:3 ,:_3 S 7.07 17,248 17,248 28
CENTENNIAL "F" 57 5,339 ::=;?":J,c _ , . S 10.47 0 7
DAN YOUNG "A" 745 2,827 ~ tb12 $ 6.93 23,168 23,168 36
DAN YOUNG "B" 0 2,976 t ~ $j97fi $ 5.78 0 0 4
DAN YOUN "C" 110 245 355 $ 0.69 5,5'15 5,516 8 48
JBROME PARK E. 34 1,380 1,394 $ 2.71 57,028 57,028 78
JERO E PARK W. 110 3,635 3,745 $ 7.27 140,537 193
MEMORIAL PARK "A" 9 9 $ 0.02 16,551 2
MEMORIAL PARK "B" 18 19 $ 0.04 32,339 ' 43
MEMORIAL PARK "C" 670 3,778 4,449 $ 8,64 180,904 248 313
S.W. SENIOR CNTR. 47 205 252 $ 0.49 26,625 26,625 36
"12" 0 $ - NA NA ALUEi
CITY HALL PKG. BLDG. 208 208 $ 0.40 3,828 3,826 5
CORONER'S FAC. 0 10 i0 $ .02 6,883 6,883 9
COURT HOUSE 50. 0 $ - NA NA #VALUEI
ROSS ANNEX 0 $ - NA NA ALUE€
LIBRARY 403 538 941 $ i.83 12,58 • _
OLD COURTHOUSE 2,391 0 2,391 $ 4.64 27,243 27,243 40
SASSCER PARK 0 24,596 ; :~.'~~..';24,b96 $ 47.74 0 0
STEAM PLANT 0 0 0$ - 0 0 0
DELHI BIKE TRA L $ - 0
ELDRIDG£ PARK 0 0 0$ 0 0
FL WER ST. BIKE a a 0 $ 5,126 5,126 7
GREENVILLE BIKE 693 191 884 $ 1.72 59,137 80
PRENTICE, AMAZON 0 $ - NA NA #VAL E
PRENTICE, AVIARY 0 $ - NA NA #VALUEI
RAITT ST. B1K£ 0 $ - NA #VALU 4
RTC PA KING 0 2,312 2,312 $ 4.49 2,63fi 2,636 7
SADDLEBACK VIEW 114 0 114 0,22 44,638 44,638
SANTIAGO BIKE 0 $ - NA NA #VALUE!
TOTALS 90,421 7'7,279 167,70D E 380.6'! 1,369,616 1,358,911 2,Dd1
- •~1~///J/!
Exceeds 10(0 otApplfed CaHroliers w!
moisture sensors
L.B.C.H. Is exempt
t$.~
25C-127
wArt=a su~c~r
MAWA - EAW APPLIED COMPARISON
CALt^NDAR YEAR 2008
SITE JAN FES MAR APR MAY JUN JUL AU6 S@P OCT NOV DEC
MAwa 448 550 754 9t7 937 t100 1263 1243 958 754 509 40B
EAw 0 50 502 983 1238 1297 1551 1526 850 694 383 23
HYDROCAP-0 HCF APPLtm `~'ie'2i'~ =~'J 320 484 551 667 833 885 732 :;?8 +c ;+~'~'~'!i
MAWA 323 396 543 661 675 793 910 895 880 543 367 294
a?w 0 0 263 549 723 752 903 888 541 393 67 0
QJ.:.:k. 618 ss ~ , k
HYDROCAP-6 HCF APPLIED Y i~ . r ~ sz.: ~ .r~'1T,
MAwa
Eaw
HYOROCAP-0 HCF APPLiEO NA NA NA NA NA NA NA NA NA NA NA NA
MAWA 307 377 5t7 628 842 754 866 852 656 17 349 279
EAw 80 276 827 868 961 1176 1067 658 554 132 21
HYDROCAP-0 HCF ea - 272 368 381 42b 634 678 387
CttAWA 92 t 113 155 159 193 227 280 268 197 155 X105 •84
Eaw 0 8 83 156 _203 208 250 246 152 109 26 4
HYDROCAPSHCf APPU~ NA ~ F 140 ~ t~ ~ ~
wawa 110 134 184 224 229 289 309 304 234 184 124 100
EAw 0 1t 118 221 285 295 355 349 215 t55 37 5
HYpROCAP-iHCF APPLIED 0 _ -:48=' 60 223 250 273 905 324 187 c- :~.x:. 1
MAwa 368 449 815 748 7S5 898 1031 1014 782 615 4t6 333
Eaw 4 23 342 71i 919 983 1169 1160 725 542 i10 15
HYOROCAP-10 HCF gPauEO `3~ s r.~- t33 73 549 552 866 402 449 4b3 s=,' _ -
MAWA 7 89 123 149 152 179 205 202 156 t23 83 66
Eaw 11 26 98 171 20B 2.19 262 255 162 118 40 17
HYDROCAP-0,HCF APPLIED U °ry i~ -4_';f~. i. F^ • r=. t~ S~ ~'~d! 2til_ _ `_-i
MAwq 848 795 1090 1326 1355 1590 1828 1796 1384 1090 736 589
eaw 0 591 1107 1426 t477 1773 1745 1075 775 ]87 27
HYDROCAP-0 HCF APPLIED v ~v~
~ 341 8$$ 891 NA NA NA NA NA NA %?'f330.
MAWA 194 239 327 398 408 477 548 539 413 327 221 377
EAw 0 23 158 342 406 433 523 499 310 238 59 10
HYDROCAP-tOHCF aPPLIeD ';~r~'(do 24 82 132 204 253 298 232 223 237 "L'~.L~
MawA 252 308 424 516 527 6t9 710 699 536 424 286 229
Paw 0 30 243 650 774 832 1008 954 583 458 76 12
HYDROCAP.26HCF RPPLIED 94 i~~i 5:?=': 6r~• ~ ~'~•;~'r$ ?:i 388 NA NA NA 340 ~ +a?
MA4YA 378 46i 632 769 7 8 923 tOS0 1043 803 832 427 342,
eqw 0 25 327 676 850 892 1073 1043 642 47S 105 7
HYDROCAP-tOHCF APPIIEO ~ 9'•. ~i;a Tr ~`i:t NA NA 846 850 840 :`;8941:` r,; :~a.'g53€ -:=23D.~
MawA 298 366, 501 809 823 731 B40 826 838 501 33B 271
r:aw 0 2 273 512 859 683 820 807 487 358 86 13
HYDROCAP-0 HCF aPPtaED "s~:~2,.`.. ~:5 r.'~• 126 372 184 St7 66S 544 `~8 9`°. ;,;47,$'.>~ .'.~;TA.4"` `~~Z:S~~'?
MAwA 244 299 410 498 509 598 667 878 521 410 277 222
Eaw 62 74 142 3S5 i83 188 223 2i9 147 101 74 56
HYDROCAP-0HCF APPlleo NA NA NA NA NA NA NA NA NA NA NA NA
TatatEAW 77 412 3414 7050 8740 9216 9090 7830 4852 4096 80i 154
Toiai Applied 722`= `;;909; 3328 4283 5306 5483 5837 5550 4477 ~ :•513:': ,~3~;1 ~;~.;a4$8;
~8•~
25C-128
WA7E12 BUDGET
MAWA -EAW APPk.IED CQMPARiSON CALENDAR YEAR 2008
$IiE JAN zEB MAR APR IAAY Jl1N JUl AUG SEP OCT NOV DEC
RfAWA
£AW
HYDAOCAP-0HCF aPPUeo 30 65 96 168 175 73 NA NA NA NA NA NA
FIAWA
EAW
HYDROCAP-0HCF APPL3Ea 26 23 60 ' 88 89 94 81 fi7 55 62 9
MAWA
eAw
HYDROCAP-0HCF APPLIED NA NA NA NA NA NA NA HA NA NA NA NA
~tAwa
eaw
HYDRODAPA HCf aPPLIED NA NA NA NA NA NA NA NA NA NA NA NA
HAwA 45 56 76 93 95 112 128 126 87 78 52 41
faw 4 fi 33 103 iii 128 155 143 81 76 i5 2
HYDROCAP-0HCF APPUEO 2 ~ 99 _ , ~a r~
IAAWA
FJ1W
NYDROCAP-0 HCF APPLIED 19 14 64 1S8 171 178 221 196 130 108 43 40
MAwn 88 106 145 176 180 212 243 239 184 145 98 78
eaw 0 4 27 81 _ 91 104 124 117 75 63 12 1
HYDRaCAP-0HCf APPLIED ~'r'~?a Jar i~ ` 1~~ 39 104 1 v .:s1'~' y rs 0
MAWA 38 46 64 77 79 93 ib7 105 81 E4 43 34
EAw 0 S 24 72 76 84 103 93 57 48 i2 2
HYDROCAP~aHCF AaruEa ~a;~ 3 '~'ri.5't 72 74 97 b3 ~g~96 NA NA NA
raawa
Eaw
HYflROCAP-0 HCF nPVUeD NA NA NA NA NA NA NA NA NA NA NA NA
Total EAW 0 15 64 256 280 31S 382 353 223 139 27 5
TotaiAppiied ...rf8;....3,~', ~~g0:~%1~~:`~.9?43;,.;..3Qb: 332--.:;.'~2~'...13d~.~.,._282 ..:6~. ..~18
T~~
25C-129
WA7ER 6UOGET
NiAWA - EAW APAGED COMPARISON CALENDAR YEAR 2008
SITE JAN TEB A1AR APR YAV JUN JUL AUG SEP OC7 NOV DEC
?eawA 79 88 134 i63 166 195 224 220 170 134 90 72
Eaw 0 0 42 103 133 145 i75 172 103 76 6 0
HYDROCAP•40 HCF APPLIED ilalW 0 :`E~B„ •S,x . B: .~i. - - _ ~ ~ ~ t:~'J ;8;',. _
YAwA 123 151 207 251 257 302 348 341 262 207 140 i12
EAw 0 12 108 225 287 313 370 364 234 178 36 4
HYDRGCAP-0HCi aPOLIEO 1 F'..- 223 - 292 216 277 Y %y Ar; rl
NAWA 8 427 585 711 727J 854 8 6 743 85 385 316
tAw 0 38 332 673 837 880 1 8 102 47 712 18
HYDROCAP-15,HCf APPLIED - ' 6 1004 S j ~T 0
MawA 93 115 •157 191 c 195 229 283 259 200 757 106 85
EAw 0 4 58 130 188 185 218 214 138 107 18 2
HYOROCAP.S HcF APPLIED :5 = . ' 4 6 103 149 34 106 141 8 12 b ~ .F
t~uwA 353 434 584 723 739 867 996 960 755 594 402 321
EAw 0 22 293 862 808 858 1035 994 12 465 97 i1
HYOROCAPS6.HCF aPPUeD 2 2 ~ 901 684
eawa 77 95 130 ~ 158 i82 190 218 215 i65 130 ~88 70
EAw 0 4 43 106 440 i53 181 179 713 87 13 2
HYDROCAP.6 HCf APPS.tEb F;a ~2 2 , i r • 107 J . > ;t , ;ti _
HAwA 275 337 462 5S2 575 S74 774 762 587 462 372 250•
eaw 0 0 218 504 872 _708 847 833 509 376 47 0
HYOkOCAP-0 HCF APPllEO , ~ ";d ct _ 3~ $ "~i
MAwa 78 95 13fl 159 162 180 248 •215 166 130 88 71
eAw 0 8 47 139 157 180 274 207 131 110 22 3
- NYDROCAP-0HCF APaI(EO €~1- 2 :x7 A~°~ ~ 182 152 ~
NAWA 242 29 408 ~ ~ 486 ..507 ,585 6 3 672 518 .~-408~~~ 276 22~
EAw d 0 782 363 501 528 831 621 383 282 51 0
HYOROCAP.S HCF APPLIED ~,s~ 7 106 i4 ~ t r;
HAwA 466 571 783 952 974 1743 1312 1297E 995 783 529 423
EAw 0 15 247 669 853 905 1091 1052 834 483 48 5
HYDROCAP.6HCf APPLIED ij 3 141 606 ic:;s a 1434 811 ;e=' ? -
1RAWA
~Aw
HYOROCAP•OJiCF APPLIED NA NA NA NA NA NA NA NA NA NA NA NA
ktAYfA 236 289 397 482 493 579 664 654 504 397 268 214
EAw 0 21 228 433 558 582 697 686 425 308 73 10
NYOROCAP-0HCF APPLIED ~ 21 r • : = '~'i 632 911 811 407 ax - y5 _)r,,
TalaIEAW 0 124 1798 4027._ 5120 5437 6517 6344 3917 2845 525 55
Total Applied 7~8' 65'.:'{4'k2'~~ 48$9 ',5979 .81'f''4 6339:';$7'36; 4603 _~399f tf7~b~=.~'-;fifr~s
t~8~ti
25C-130
WA7ER BlfDGBT
MAWA - EAW APPLIED COh+fPARISbN CALENDAR YEAR 2008
517E ,WJ Fes MAR APR MAY .It1H .Aii AUO SEP OC7 NOV DEC
MAwa 290 356 488 593 606 712 817 804 si9 488 329 264
PAw 0 14 190 484 608 644 778 748 453 344 45 6
HYDROCAP-0HCF APALIPD 0 181 238 NA NA NA NA NA NA NA NA
MAWA
PAW
HYOROCAD-0,HCF APPLIED 1098 806 52 NA 4 743 5612 6920 8799 4027 2973 1904 659
YAwA 423 579 711 865 884 1038 ii 1173 903 711 481 3
EAw 809 770 1094 1353 1385 f644 1803 1871 1 18 1094 670 544
xvoROCAP-0 HCF APPUPO 102 8 NA 684 NA 777 1685 1327 1231 487 48
MAwA 360 487 63 778 795 933 1071 1054 612 8 432 348
EAw 9 418 bB6 627 756 731 419 325 19 3
HYOROCAPaoNCF APPLIED _ 0 438 455 678 r
MAwa 213 282 358 496 446 523 801 591 455 358 242 194 J
EAw 0 22 228 426 549 569 682 671 414 288 72 11
HYDROCAP•1 HCF APPUEO O 164 420 ~ 293 i
MAWA 626 769 1053 1281 1309 1537 1765 1736 1338 1053 712 569.
eAw 0 43 380 1055 12 2 1357 1643 i556 94S 743 110 15
HYOROCAPd6,HCF APPLIED O 858 956 725 1389 NA 820 648 a,• _ '
MAWA TO 86 117 143 146 171 197 194 148 117 79 63
EAw 0 20 79 224 234 259 317 287 178 149 39 8
HYDROCAP-0,HCF APPLIED - 0 60 185 r,~ O~ ; _4d0 : ~ 6~= 139 . ~
YAwa
EAW
HYDROCAPANCF APPL3ED
i
MAWA 468 513 746 955 1142 1235 1072 1282 1026 816 568 396
eAw 0 0 199 2 868 1082 1297 1195 711 590 SO 0
HYDROCAP-16HCF APPLIED ~!?I 61 803 660 131'1 i. .x~ i^ 89'~ 665 ~r7 1<~v ~
Total EAW 0 108 1134 3447 4207 4518 5473 4755 _2868 2105 300 37
TotalApp€led ;_;518. 5i='!Z~B 2916 3208 3729 5163"~4~0~ ~_3`_:'~1~'1d8$..'~°`. ,8:12;
25C-131
WATER BUDGET
MAWA - EAW APPi.IED GOMPARfSON CALt:NOAR YEAR 2008
SITE JAN PE8 MAR APR MAY JUN JUL A1JG SEP OC7 NOV DEC
rwwA 38 40 Se 75 84 9B 84 i00 80 84 44 31
EAw 39 43 67 100 14 11 t06 122 9f 73 48 32
HYDRUCAP-0 CF APPLIED 25 19 38 38 38 48 b3 52 45 42 29 7
MAwA 97 119 184 189 203 239 274 270 208 t84 111 88
ti+w 0 23 89 252 26f 287 353 319 196 185 44 9
HYDROCAP CF APPLIED ;r33 i„i, - 198 179 182 177 178 i' i~ i~ 0 ,
MAWA
PAW
HYOROOAP-0 HCP APPLIED 4 0 0 63 61 87 55 50 48 51 21 7
uawA
EAw
HYDROCAP•!E CF APPUEO 19 0 0 35 24 28 32 98 10 29 B 13
swAVVA 10 t2 17 20 2i 24 28 27 21 17 11 9
EAw 0 1 8 17 2f 23 27 27 t7 13 3 0
HYDROCAP4 CF aPPL~Ea > i• • ~ yti • 18 f 2 19 18 18 : ' ~
rAwA 59 72 99 120 123 144 185 183 f25 • 98 1 87 53 ,
eAw 22 48 tiS 280 289 323 393 357 228 188 83 29
HYDROCAPA CF APPLIED ';83+"' ~S! Q; 98 290 '15 11s 2D0 129 85 4 18 :u~"~ .c•=
MAWA
EAw
HYDROCAPA CF APpLtEO 80 0 147 73 138 935 187 145 148 115 171 8f
MAwA 85 79 108 132 135 158 182 179 138 108 73 53
EAw 93 118 167 206 211 251 290 288 216 18.7 102 83
HYOROCAP-0 F APPLIED ~:}1 . : i' :8:' :r 0': 8t*' • S~ 69
t..
uawA
eaW
HYDROCAPA cF APPLIEa NA NA NA NA NA NA NA NA NA NA NA NA
uAwA 88 97 141 i80 215 233 202 242 193 154 105 75
Er4W 88 87 f69 300 327 325 302 332 227 18S 118 71
KY~tOCAPA CF APPLIED .4t• ~ - R2 8k 234 ",93 ~ :`ti`~.SQI~',•s ,T;. - _d3' ;'t3' i.: -~'r ~ 8
MAwa
EAw
HYDROCaP.o,KCP ApPLIEO 70 8D 131 133 919 20 NA NA NA 38 908 7
MAWA
EAw
HYDROCAP-0,HCF APPLIEn 0 0 0 0 0 0 0 0 0 0 0 0
MAWA
EAW
HYDROCAP.o,HCF aPPLIEO NA NA NA NA NA NA NA NA NA NA NA NA
MAWp
Eaw ,
HYDROCAP~O GP APPLIED 19 10 32 35 89 61 NA NA NA NA NA NA
TnfaIEAW 147 212 446 849 1of2 1077 1181 1443 758 824 274 141
TolalApplied ,350 4i9i,~`:•; 521: 688 832 798 908 1071 747;; ,y24,"-=":$71 117 i
I
I
25C-132
Estimated Applied Water (EAW) Compared to Apptled Water
December 2008
of sUl)GBF
USER HCF GALLONS %ofBUDGET C4sTlsAViNGS
r2~c~~:: ;~c~'i~ -$3,042.15
City Forcea APPLIED i466 1 111528 # ; ~ ~
.=e~:;:
Park Maintenance BUDGETED 954 ~
I
City forces APPLIED 18 13,464 >tF,,, -$29.69
Civic Center BUDGETED 5
District II • Merchants APPLIED 669 484,428 -$1,384.04 ~
Park Maintenance BUDGETED 55
~.t
QlstrictlV- Masters APPLIED 812 607 37B ~~~.~.~+_s.. -$1,770.02
Park Maintenance BUAG>nTED 37
Vista del Verde APPLIED 117 87,596 :z"fi:~a
~`r„~
~~iTq $54.81
Park Maintenance BUDGETED 141
~udgefi Comparison Chart
1800
1400
92D0
1000
~ 800
= 800
900
20D
0
8~ ~ o~ O~ a ~ ~
p~.,u dLL U ~u g W+~ Q~ w> O~
a2• ~ a ~ uu w 6i c
dV ~ ~t5 a ~ Q~ as ~c
a~ ~a ~ m~
"o
USER
4 ~.a
25C-133
Deity ReoOri
- - _ - . _r .
- Sys
Daisy Report
Rendered in English Units.
December 9, 2008 -December 31, 2008
Prinfed on January b, 2005
Irvine -South Coast Valleys -Station 75
12/0112008 0.07 0.00 297 14.3 74.8 46.5 57.1 100 84 80 50..2 2.5 59.7 59.0
12102/2068 0.03 0.01 166 14.0 87.7 52.0 55.3 100 79 84 53.8 2.7 64.3 58.6
12/0312008 0.05 0.00 246 73.6 56.0 52.6 57.3 95 S5 84 52.6 2.8 67.4 60.5
12/04!2006 O.Ob 0.00 217 t3.4 84.4 61.0 67.5 94 68 83 52.4 2.5 6t.3 8D.3
12/0512008 0.07 0.00 284 11.3 73.8 47,0 57.8 9B 4i 70 47.8 2,6 83.4 59.3
12/06/2008 0.08 0.00 267 9.0 74.2 47,4 61.2 77 26 48 41.8 2.5 b8.3 58.7
12l07Yl.008 0.03 0.00 120 13.8 84.0 52.7 b9.2 93 S3 61 53.2 2.8 82.1 58.9
12!08!2008 O.o4 D.60 160 72.4 62.1 46.3 54,8 95 89 65 50.3 3.8 87.7 58.T
12!08!2008 O.t1 0.00 300 6.4 69.3 45.6 58.2 92 72 31 28.8 5.4 130.2 57.3
12/1012008 0.09 D.00 285 5.3 72.0 45.0 65.7 63 14 34 28.3 3.0 71.3 56.0
!2/1112008 0.08 0.00 264 7.9 72.5 47.9 57,5 e0 29 49 36.4 2.8 83.3 55.8
12/12@006 0.04 0.00 180 12.0 68.7 47.8 55.5 83 b3 80 45.3 3.7 86.2 55.4
12!1312008 D.04 D.00 727 10.9 80.8 43.5 54.4 87 61 76 46.9 4.8 118.7 55.9
12114/2008 0.05 0.00 243 8.8 55.3 36.8 48.9 84 47 80 33.7 3.0 71.8 54.5
12/1512008 0.01 1.78 R 82 11,4 54.1 47.5 50.4 98 67 92 46.'1 5.7 138.7 b2.3
12!18!2008 D.OS 0.13 242 9.8 57.4 43.0 50.1 96 54 79 43.9 2,6 61.7 52.4
12117i20D8 0.01 O.fiB R 33 8.7 51.7 Y 41.3 46.5 82 68 87 40.9 7.3 Y 175.8 Y 57.7
12/i6/2008 0.06 0.18 272 8.5 56.4 38.3 48.8 88 58 76 46.4 3.b 64.7 49.7 '
1211912D08 0.06 0.00 274 8.3 56.6 39.b 47.3 89 55 75 39.8 3.1 74.0 49.9 '
12/20/20D8 6.06 0.00 269 8.2 80.2 39.2 48.3 94 58 BD 42.4 2.8 74.3 49.6
12!2112008 0.07 0.00 284 8.8 63.5 40.4 50.8 80 48 89 41.2 2.9 69,0 49.9
72/2212606 0.01 0.18 80 11.5 5b.b 44.7 51.9 97 78 88 48.3 5.0 721.8 50.2
t212312008 0.06 0.00 282 9.5 56.4 40.7 49.5 83 57 76 93.1 3.3 84.7 50.8
12!2412008 0.02 0.00 88 9.5 59.7 45.4 57.1 89 63 74 43.3 3.5 84.6 61.0
/2!25!2008 0.01 D.18 36 11.7 67,6 40.0 51.8 86 72 90 48.7 5.9 142.7 54.8
12/26/2008 0.07 0.00 281 6.1 55,5 34.1 44.5 87 35 81 37.9 3.7 89.7 50.4
42/27/2008 0.08 6.00 290 4.5 59.8 37.6 47.8 73 22 40 24.5 3.3 78.8 48.8
!2/2812008 0.07 0.00 289 6.5 70.3 38.6 48.8 78 30 54 33.5 2.6 60.6 48.7
12129!?.008 0.07 0.00 280 8.1 72.4 43.5 55.2 85 35 81 42.1 2.8 fi7.0 49.4
1213012008 0.07 D.00 289 9.6 70.7 45.5 55.7 87 39 85 43.5 2.6 82.0 50.3
12131/2008 0.08 0.00 283 9.8 65.8 38.4 49.2 98 52 62 44.0 2. t 60.1 49.8
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Flag Legend
A -Historical Average (-Ignore R -Far out of normal range
C or N -Not Collected M -Missing pate S -Hot in service
H -Hourly Missing or Q _ Related Sensor Missing Y -Moderately out of range
Flagged Data
Conversion Factors
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25C-134
I
ATTACHMENT 6
Plant Cap
Ground
Shrubs, Cover Vines, 1
Site 2" Plugs 1 Gal 64 Ct Flt Gal
1 Bomo Koral 1,000 100 0 200
2 Delhi Park 1,000 100 0 100
3 Lillie King Park 0 50 0 200
4 Madison Park 500 100 0 200
5 Sandpointe Park 500 100 0 200
6 Heritage Park 500 100 0 200
7 Santa Anita Park 2,000 200 0 200
8 City Yard 500 400 0 0
Subtotal District3 6,000 1,150 0 1,300
Subtotal District 3
(Revised} 3,000 575 0 650 50%
Note: This plant cap is an annual plant cap for each district. Plants that die
as a result of Contractor's negligence are not applied to this plant cap. Where
Contractor can show that vandalism was the cause of the plants death, City will
assume cost of replacing (excludes vines). City can elect to install plants in
existing bars areas, or new construction areas.
Standard Plant
Costs
64 Ct.
5 gal $8.84 Flat $9.95
1 gal $2.95 Plugs $0.40
Plants costing more than standard plants shall be considered premium. City will
pay only the incremental difference between a standard plant and the premium
plant.
25C-135
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25C-136
1
ATTACHMENT 8
TREE PRUNING SPECIFICATIONS
1.0 INTRODUCTION
Trees and other woody plants respond in specific and predictable ways to pruning and other
maintenance practices. Careful study of these responses, has led to pruning practices, which
best presezwe and enhance the beauty, structural integrity, and functional values of trees.
In an effort to promote practices, which encourage the preserva#ion of tree structure and health,
the following policies have been established. These specifications are presented as working
guidelines, recognizing that trees are individually unique in form and structure, and that their
pruning needs may not always fit strict rules.
1.01 OVERVIEW OF SPECIFICATIONS
Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF)
must be done according to the SAPRF specifications. There are different criteria for pz~ning
depending on the purpose for the pruning.
a. Complete Prune Specifications are used when circumstances deem the entire tree needs to
be fully pruned.
b. Safety Prune Specifications require less pruning and are used when specific, possibly
hazardous (dead/dying} limbs need removal to eliminate all safety concerns. Safety
pruning may be recommended in some circumstances instead of a complete prune. Safety
pruning specifications are used for "as needed" pruning as outlined above and address only
safety concerns. Safety pruning includes only the basic requirements and does not include
the fine pruning detail work outlined in a complete prune.
c. Power Line Clearance Prune {PLC) Specifications are used far private tree power line
clearance work and for street tree (PLC} pruning when the tree is pruned between its
periodic complete pruning cycles.
d. Palm Pruning Specifications ate used when pruning any type of palm.
All specifications are based on International Society of Arboriculture, National Arborist
Association and American National Standards Institute criteria. This guarantees that SAPRF
trees receive the best possible care.
1.02 GENERAL REQUIREMENTS
The following requirements shall be used during any pruning work to be performed on SAPRF
trees:
a. Proper disposal of all tree debris generated.
b. Assuring good traffzc control and minimize disruption of the public.
c. Assuring adequate safety of employees and the public.
25C-137
Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized
SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714IS71-4212
Office or 714/231-6112 cell phone.
1.03 CERTIFIED ARBORIST
The Contractor shall employee afull-time, permanently certified arborist, as accredited by the
International Societe of Arboriculture. This person is responsible for ensuring that the
Contractor's crews are performing work according to SAPRF specifications.
1.04 SPECIFIC TREE PRUNING SPECIFICATIONS
a. All persons performing tree work on SAPRF trees must be trained according to tree care
standards accepted by the International Society of Arboriculture.
b. All persons performing tree work on SAPRF trees in or around primary electrical lines
must be trained to do so according to the "Electrical Safety Orders" of the State of
California, including all amendments and revisions.
c. When tree pruning cuts are made to a side Limb, such remaining limb must possess a basal
thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts
shall be considered proper only when such remaining limb is vigorous enough to maintain
adequate foliage to produce wood growth capable of callusing the pruning cut so affected
within a reasonable amount of time.
d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest
possible covering of the wound by natural callus growth. Flush cuts, which produce large
wounds or weaken the tc•ee at the cut, shall not be made. The branch collar shall not be
removed.
e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to
other parts of the tree, or to other plants or property.
f. All tools used on a tree known to contain an infectious tree disease shall be properly
disinfected immediately before and after completing work on such tree. All major diseases
and/or pest problems shall be promptly reported to an authorized SAPRF representative.
g. Ali cutting tools and saws used in tree pruning shall be kept sharpened to result in final
cuts with smooth wood surface and secure bark remaining intact. All trees six {6) inches
in diameter or Less shall be pruned with hand tools only. Chain saws will not be permitted
on any trees six (6) inches in diameter or less. This is to prevent any unnecessary
abrasions to cambial tissue that may predispose a tree to insect and/or disease problems.
h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in
one hand during the cutting operation, the limbs shall be cut off first, one {1) to two (2)
feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent
unnecessary tearing back of the bark and wood. Such cutting back shall not include the
removal of any live, healthy limbs in excess of six (6) inches in diameter without prior
approval fiom an authorized SAPRF representative.
i. No more than twenty five (2S) percent of the live wood may be removed fiom the crown
of any tree, without approval of an authorized SAPRF representative, excepting live oaks,
which are limited to no more than ten (10) percent. Resulting in keeping as much of the
crown of the tree as possible.
25C-138
j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree
growth shall be removed immediately. j
I
k. Any defective or weakened trees shall be reported to an authorized SAPRF representative.
Specifically, any structural weakness of a tree, decayed trunk or branches, shall be
reported in waiting, noting the location of the tree by street address and a description of the
hazard found in the tree.
1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except
palms that are more than sixty-five (65) feet in height.
m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved
and protected whenever feasible, unless doing so would create a hazard,
1.05 COMPLETE TREE PRUNING SPECIFICATIONS
Complete tree pruning shall consist of the total removal of dead of living branches that may
threaten the future health, strength and attractiveness of trees. Specifically, trees shall be
pruned in such a manner as to:
a. Prevent branch and foliage interference with requirements of safe public passage. Over
street clearance shall be kept to a minimum of sixteen {16} feet above the paved surface of
the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public
sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be
irreparably damaged by such pruning action,
b. Remove all dead and dying branches and branch stubs that are one half {1/2) inch diameter
or larger.
c, Remove all broken or loose branches.
d. Remove any live branches, which interfere with the tree's structural strength, and healthful
development, which will include the following:
1) Branches, which rub and abrade a more important branch.
2) Branches of weak structure, which are not important to the framework of the tree.
3) Branches, which if allowed to gaow, would wedge apart the junction of more important
branches.
4) Branches forming multiple leaders in a single leader type tree.
5) Branches near the end of a limb, which will produce more weight or offer more
resistance to wind than the Iimbs are likely to support.
6) Selective removal of undesirable sucker and sprout growth paying specific attention not
to nick or damage the sprout "burl".
7} Selective removal of one or more developing leaders where multiple branch growth
exists near the end of broken or stubbed limbs.
25C-139
8) Selective removal of limbs obstructing buildings ox other structures or traffic signs.
Generally, limbs closer than five (5} feet to a building or other structure should be
removed unless doing so would severely damage a tree.
9) Removal of branches, which project too far outward beyond an otherwise symmetrical
form.
e. Cut back ends of branches and reduce weight where excessive overburden appears likely
to result in breakage of supporting limbs.
f. Clear frees of sprout or sucker growth to a minimum height of eight (8) feet above ground
level. Exceptions are allowed for young trees, which would be irreparably damaged by
such pruning action.
g. Obtain a balanced appearance when viewed from the opposite side of the street
immediately opposite the tree, unless authorized by an SAPRF representative to do
otherwise.
h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed
without injury to said trees.
i. Clear all branches and foliage within ten (10} feet of primary electrical lines and three (3}
to five (5) feet of secondary electrical lines.
j. Clear all branches that interfere with telephone, cable and other utility lines within one (1)
foot of lines, wherever feasible.
1.06 SAFETY TREE PRUNING SPECIFICATIONS
Safety tree pruning shall consist of the total removal of dead or living branches that may
menace the future health, strength and attractiveness of trees. Specifically, trees shall be
pruned in such a manner to:
a. Prevent branch and foliage interference with requirements of safe public passage. Over
street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of
the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public
sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be
irreparably damaged by such pruning action.
b. Remove dead and dying branches and branch stubs that aze two (2) inches in diameter or
more.
c. Remove all broken or loose branches.
d. Removing any live branches, which interfere with the tree's structural strength and
healthful development, will include the following:
- Limbs of weak structure or otherwise hazardous.
- Selective removal of Iimbs obstructing buildings or other structures or traffic signs.
Generally, Iimbs closer than five (5) feet to a building or• other structure should be
removed unless doing so would severely damage a tree.
25C-140
- Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above
ground level. Exceptions are allowed for young trees, which would be irreparably
damaged by such pruning action.
1.07 POWER LINE CLEARANCE (PLCI PRUNING SPECIFICATIO_
NS
When trees are in the proximity of overhead energized lines and equipment, reliability of
service, safety, and governmental standards require a reasonable amount of tree pruning to
avoid conductor contacts and grounding of circuits through the trees. Power line clearance
pruning, therefore, shall consist of the removal of tree branches for proper electric line
clearance in order to minimize the likelihood of power outages and improve safety.
Specifically, trees shall be pruned in such a manner as to:
a. Clear all branches and foliage within ten (10) feet of primary electrical lines.
b. Clear all branches that interfere with secondary electric lines within three (3) to five (5)
feet.
c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning
Trees Near Electric Utility Lines as a guide.
During the tree pruning process, all safe minimum working distances for energized conductors
shall be observed. These clearances are defined under ANSI 2133.1-1994. Current ANSI
specifications will supersede these requirements when they take effect. Any contact with
energized lines shall be promptly reported to an authorized SAPRF representative.
Access to backyards must be closely coordinated with the property owner, whenever feasible.
Spikes may be used for PLC pruning on palms or other trees only when needed for proper
safety reasons.
1.08 PALM PRUNING SPECIFICATIONS
Palm pruning shall consist of the pruning of the following palms {Syagrus romanzoffianum
(queen palm}, Archontophoenix cunninghamiana (king palm}, Phoenix Canariensis (Canary
Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm);
and Washingtonia Robusta (Mexican fan palm) per these specifications.
a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond
sheaths shall be removed along the entire length of the palm trunk.
b. The removal of all flowers and fruit parts whether dead or alive.
c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting
palms that are more than sixty-fve (65) feet in height.
d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species.
The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple)
appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a
maximum of sixty- (60) inches length below the green fronds. The trunk when pruning
operations are complete shall be Left in a clean, unscathed appearance throughout the entire
length of the palm trunk. Canary Island date palms shall be pruned using a sterilized
handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree.
25C-141
e. All volun#eer palm seedlings must be removed that are growing within the streets,
parkways, or setback dedicated areas.
i.09 UNACCEPTABLE PRUNING
The following procedures, or others that will result in tree decline, are not allowed (storm
damage and other extenuating circumstances exempted):
a. Severe cutting back of alI growing tips usually referred to as topping, pollarding, or hat
racking.
b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the
branch collar and branch bark ridge.
c. Stub cutting where branch removal results in the base of branch removed protruding more
than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark
ridge.
d. Removal of a healthy main Ieader, for reasons other than power line clearance.
e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or
SAPRF standards.
I.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Should any structure or property be damaged during the tree pruning operations, the persons
conducting the work shall immediately notify the proper owners and an authorized SAPRF
representative. Repairs to property damaged by the responsible party shall be made within
forty-eight (48) hours, except utility lines, which shall be repaired the same working day.
Repairs on private property shall be made in accordance with the appropriate building code
under permits issued by the City of Santa Ana. Any damage caused by the Con#ractors
employees shall be repaired or restored by them at #heir expense #o a condition similar or equal
#o that existing before such damage or injury, or they shall repair such damage in a manner
acceptable to the Ci#y of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler
systems in City landscapes and the need to avoid damage. All damage to irrigation systems
shall be repaired as soon as possible at Contractors expense.
1.11 WORK PERFORMED ON PRIVATE PROPERTY
No SAPRF contracted tree worker shall perform work upon private property without the
written consent of the property owner and an authorized SAPRF representative.
1.12 PUBLIC SAFETY AND COOPERATION
All tree work shall be conducted in a manner as #o cause the least possible interference with, or
annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work
areas only under conditions of safety and with as little inconvenience and delay as possible.
Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve
to coordinate safe operatians on the ground at all times when work operations are in progress.
a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or
property, such sections shall be secuz•ed by ropes and lowered safely to the ground in a
controlled manner.
25C-142
b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation
field controllers and similar facilities must remain accessible during the course of work.
c. Noise levels, resulting fxom tree work operations, must be kept to a minimum at all times.
Ali tree work operations are subject to compliance with aII local Noise Restrictions.
Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and
7:00 a.m. weekdays, or between 9:00 pm and 8:00 am an weekends (Saturday and Sunday).
Emergencies are exempt from any time restrictions.
d. All tree work done to SAPRF trees must comply with all tree related safety requirements as
stated in the safety standards ANSI 2133.1-1994 of the American National Standards
Institute, Inc. 1430 Broadway, New York, NY 10018.
1.13 SITE CLEANUP
Cleanup of any debris resulting from any tree pruning operations shall be promptly and
properly accomplished. The work area shall be kept safe at all times until all operations are
completed. Under no circumstances shall the accumulation of debris be allowed in such a
manner as to result in a hazard to the public. All debris from tree operations shall be cleaned
up each day before the work crew leaves the site, unless permission is given by an authorized
SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall
be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the
site. Areas are to be left in a condition equal to or better than that which existed prior to the
commencement of tree pruning operations.
All cuttings, branches, wood chips and other debris shall be cleared fiom the site and disposed
of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal
expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on
property only at the direct and specific request of the owner and an authorized SAPRF
representative. Firewood four (4) inches diameter or larger will be left at the work location in a
safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood
four (4) inches of diameter or larger) must be authorized by an SAPRF representative.
1.14 TIME FOR COMPLETION
If awarded this project, the Contractor agrees to complete the work within the time parameters
jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement,
unless specific time deadlines are specified elsewhere in these specifications. Once the work
has commenced, the Contractor shall diligently prosecute the same to completion.
1.15 PAYMENTS WITHHELD/PENALTIES
Should the Contractor fail to finish the work as agreed upon in these specifications the
Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars
($500.00} fox each calendar day that the work remains incomplete beyond the dates specified.
Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are
or become payable to the Conhactor.
In case all the work called for is not completed in all parts and requirements within the time
specified, the SAPRF shall have the right to grant or deny an extension of time for completion,
as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed
with penalties during the delay in the completion of the work caused be acts of God or of the
Public Enemy, acts of the State, flaods, epidemics, quarantine, restrictions, strikes, or unusually
25C-143
severe weather. The SAPRF representative will ascertain the facts and the extent of the delay,
and their findings thereon shall be final and conclusive.
1.16 SUBCONTRACTORS
Subcontractors used in the perfozmance of this project shall be listed in the Contractors Bid
Pzoposal. Subcontractors shall be properly licensed by the State of California as a contractor to
perform woz•k of this specialty and hold a valid business permit and certificate of insurance
with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by
him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from
the project upon the request of the SAPRF and shall not again be employed on the project. The
Contractor shall be held liable for the correction of any deficient work.
1.17 ADDITIONS AND/OR DELETIONS OF WORK
The SAPRF representative reserves the right to add and/or delete tree work on this project as
deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be
made at the unit price accepted by SAPRF upon award of contract.
1.18 INSPECTIONS
An authorized SAPRF representative will inspect the work performed by the contractor to
insure completion of the pruning in accordance with SAPRF Pruning specifications. Should
more than two (2) inspections be required on trees needing additional work, the contractor will
be billed for SAPRF staff time.
1.19 BILLING
Contractor shall submit a fully itemized bill listing each tree noting:
a. Address (each tree).
b. Type of tree.
c. Date completed.
d. Person completing the job.
e. Location of hee (front, side right, side left, rear)
This information is vital to maintain the city's computerized tree inventory and management
system.
2A0 CONTRACTOR QUALIFICATIONS
All contractors are required to have a valid appropriate state contractor's license, current City of
Santa Ana business license, City Attorney approved certificate of insurance and be
knowledgeable in tree pruning and tree care prior to the commencement of any and all work.
2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
The current edition of the "Green Book", Standard Specifications for Public Works
Construction and it's updates, supplements and local addendums, shall be included as part of
these specifications, unless otherwise directed in these specificattons•
2A2 SPECIFICATIONS INTERPRETATION
The intent of these specifications is known by the City of Santa Ana and SAPRF. Any
questions relating to the interpretation of these specifications must be addzessed, in writing,
prior to the start of work. The Contractor agrees that interpretations of this contract after the
start of work are at the SAPRF sale discretion, and the Contractor shall abide by all such
interpretations.
25C-144
2.03 EXTRA WORK
In the event the Contractor is required by the City to perform extra work, the following
procedure shall govern such work:
a. When required, by the SAPRF representative, an itemized estimate of cost will be
submitted for approval prior to work being performed. The Contzactor shall maintain
records sufficient to distinguish the difference between direct cost and extra work. He shall
furnish reports of extra work on forms, agreed upon and approved by the SAPRF j
representative, itemizing ail costs for labor, materials and equipment rental. The report
shall include hours worked and be in accordance with the following conditions:
1. Work will be executed under the direction of the SAPRF on a time and material
basis or an agreed lump sum price depending on the nature of the work.
2. The SAPRF representative will issue a work request for such extra work to be
performed.
3. Extra work will not be initiated without written authorization, except in emergency
call-out situations. The SAPRF representative will solely define specific emergency
situations.
4. Extra work may include, but is not limited to, the following:
a). Repairs to landscaping, sprinkler systems, and/oz• facilities, unless damaged
by Contractor.
2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities,
structures, and utilities, both above surface and underground on the City's property. Any
damage to City, SAPRF, or private property caused by the Contractor's neglect shall be
coi7•ected and paid for by the Contractor at no cost to the City of Santa Ana ox SAPRF. The
City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF
representative reserves the right to issue a Stop Work Notice if the Contractor does not
promptly repair any damage, within twenty-four (24) hours of the damage incurred.
If the SAPRF representative requests or directs the Contractor to perform work in a given area,
it will be the Contractor's responsibility to verify and locate any underground systems (i.e.
utility lines} and take responsibility for taking reasonable precaution when working in these
areas.
Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to i
digging for line locations. Any damage or problems shall be reported immediately to the
SAPRF representative and the City of Santa Ana. If the Contractor discovers something
unexpected or a unique problem occurs, he should stop work and immediately contact an
authorized SAPRF representative far a timely resolution of the problem.
2.05 CONTRACTOR'S STAFF
The Contractor shall provide sufficient personnel to perform all work in accordance with the
specifications set forth herein. A qualified, English speaking supervisor in the employ of the
25C-145
Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available
at all times to the SAPRF representative during work operations. The responsibility foz• all
work performed will remain with the full-time certified arborist.
The Contractor shall furnish the necessary competent and key personnel to properly supervise
and direct the work of fully equipped, competent and experienced crews as well as all safety
equipment, including but not limited to, all equipment and work procedures required by ANSI
2133.1-1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary
clerical and office work required in the performance of the contract.
The Contractor shall be responsible for the supervision of all of his crews. He shall check all of
his crews regularly for proper quantity and quality of work, proper maintenance of tools and
equipment, and safety.
2.06 SUBSTITUTIONS
Whenever a specific type of material is specified, no substitutions shall be allowed without
written consent of the SAPRF representative.
2.07 CERTIFICATION OF MATERIALS
All materials shall be delivered on the site in original containers. Materials shall be subject to
inspection by the ARMD representative. The SAPRF representative will not approve materials
not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items
at his/her cost.
2.08 CONTRACTOR NEGLECT
Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined
to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of
Santa Ana or the SAPRF.
2.09 HOURS OF OPERATION
The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday
through Friday. No work shall be performed on weekends or on City recognized holidays
without written SAPRF approval.
2.10 SPECIFICATIONS AND PLANS
The work performed shall be done in accordance with the Standard Specifications foz' Public
Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case
of conflict between the Standard Specifications and this Specification, this Specification shall
take precedence over and be used in lieu of such conflicting portions.
Where the plans or specifications describe portions of work in general terms, but not complete
detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise
specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and
do all the work involved in executing the conhact.
2.11 CONSTRUCTION EQUIPMENT
The Contractor shall take all necessary precautions fox safe operation of his equipment and the
protection of the public from injury and damage from such equipment.
2.12 SOUND CONTROL REQUIREMENTS
25C-146
The Contractor shall comply with all local sound control and noise level rules, regulations and
ordinances that apply to any work performed pursuant to the Contract. Each internal
combustion engine used for any purpose on the job or related to the job shall be equipped with
a muffler of a type recommended by the manufacturer of such equipment. No internal
combustion engine shall be operated on the project without said muffler. Full compensation for
conforming to the requirements of this section shall be considered as included in the prices paid
for the various contract items of work involved and no additional compensation will be allowed
therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels
so as to not disturb the general public.
2.13 TRAFFIC CONTROL
The Contractor shall notify the SAPRF representative of intent to begin the contract work at
least five (5) days before work is begun. The Contractor shall cooperate with local authorities
relative to handling traffic through the areas and shall make arrangements relative to keeping
the working area safe and clear of vehicles.
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether
empty or loaded, shall in all cases yield to public traffic. Ail traffic delineation and work area
protection shall conform to the Work Area Traffic Control Handbook {W.A.T.C.H.) 2000
Edition.
The Contractor shall make every effort to keep commercial driveways open during working
hours. Should this not be possible, Contractor shall coordinate with the property owners
affected to insure that designated times of ingress and egress is available. After working hours,
all driveways shall be accessible with smooth and safe crossings through any construction area
(State of California Traffic Manual}.
2.14 INQUIRIES AND COMPLAINTS
The Contractor shall maintain an office at some fixed place and shall maintain a telephone
thereat, listed in the telephone directory in his own name or in the firm name by which he is
most commonly known. Furthermore, the Contractor shall, at all times, have some responsible
persons}, employed by the Contractor, to take the necessary action regarding all inquiries and
complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens
during normal working hours.
Whenever immediate action is required to prevent impending injury, death or property damage
to the facilities being maintained, the SAPRF representative may, after reasonable attempt to
notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any
such action shall be charged against the Contractor, or the SAPRF may deduct such cost from
any amount due to Contractor from SAPRF.
All complaints shall be abated as soon as possible after notification, to the satisfaction of the
City of Santa Ana and/or SAPRF. if any complaint is not abated within a reasonable time, the
SAPRF representative shall be notif ed immediately of the reason for not abating the complaint
followed by a written report to the SAPRF representative within five {5) days. If the
complaints are not abated within the time specified or to the satisfaction of the SAPRF
representative ,the SAPRF representative may correct the specific complaint and the total cost
incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor
from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem
and appropriate overhead charges.
25C-147
2.15 NOTIFICATION OF LOCATIONS OF WORK
The Contractor shall notify the SAPRF representative when the con#ractoi's crews will be
working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell
phone, fax, or by weekly written schedules which specify the entire weeks work locations.
I
25C-148
EXHIBIT B
MARIPOSA LANDSCAPE MAINTENANCE PROPOSAL
DISTRICT 3 ~
25C-149
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25C-157 ~
25C-158
REQUEST FOR `
COUNCIL ACTION ~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
February 16, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT FOR EVENT MANAGEMENT ? As Amended sc
SERVICES TO OPERATE THE 2 010 CINCO ? Ordinance on 1 Reading
? Ordinance on 2nd Reading
DE MAYO FESTIVITIES ? Implementing Resolution
? Set Publ+c Hearing
For
CONTINUED TO
~V`K~'~~~'~"~--~ FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City
Manager and the Clerk of the Council to negotiate and execute an
agreement with Velasquez Publishing and Promotions to provide
event management services for the 2010 Cinco de Mayo
festivities.
DISCUSSION
2010 is the Bicentennial anniversary year of Father Hidalgo's
call (El Grito) for Mexico's independence from Spain. In
recognition of this important historical event, various private
and public organizations have operated a downtown independence
fiesta and carnival for the past 21 years. The independence
festivities have been a popular and positive community event
supported by the downtown businesses and the community.
In light of the significance of the Bicentennial, the City
Council approved staff's recommendation, in October 2009, to have
the City formally organize all Bicentennial celebrations and
cultural activities. The Bicentennial festivities will include
the September 16th downtown fiesta, El Grito ceremony, a parade
and a downtown Cinco de Mayo celebration. Other activities will
include city-wide Mexican cultural events highlighting the
historical significance of the El Grito Bicentennial. The City's
sponsorship and management of this event will ensure maximum
25D-1
2010 Cinco de Mayo Festivities
February 16, 2010
Page 2
civic involvement and a minimal adverse impact on public
resources.
In years past,-various organizations have coordinated the Cinco
de Mayo celebration and have contracted with a commercial
promoter to operate the event. It is recommended that this same
course be followed for 2010. Staff recommends that the services
of Velasquez Publishing and Promotions be obtained to act as the
event manager for Cinco de Mayo festivities in downtown Santa
Ana. The event manager will be responsible for reimbursement of
city costs to operate the Cinco de Mayo celebration and provide
all necessary equipment, stages, electricity, carnival rides,
vendor booth, and insurance for the event. Velasquez Publishing
and Promotions has provided excellent event management for this
event in previous years.
Staff has established the Bicentennial Advisory Committee to
ensure that all stakeholders including the Mexican Consulate,
downtown merchants, property owners and civic groups are actively
engaged in the planning and implementation of the activities.
FISCAL IMPACT
There is no fiscal impact associated with this request.
25D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPR'~VED
PURCHASE AGREEMENTS FOR BRISTOL As Recommended
STREET CORRIDOR (PROJECT NO. 08- 's Amended
17 0 0 ) L, Jrdinance on 151 Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
~ _r
~7`c'~c FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the
attached purchase and sale agreements, subject to nonsubstantive changes
approved by the City Manager and City Attorney, with the following
parties:
• Purchase and sale Agreement for the property at 418 N. Bristol
Street, owned by 1650 So State College LLC (El Comedor Restaurant),
for $1,607,105.
• Relocation Settlement Agreement with El Comedor Restaurant, relocated
from 418 N. Bristol Street, for $592,895.
• Relocation Settlement Agreement with Bristol Chiropractic, relocated
from 716 N. Bristol Street, for $230,000.
DISCUSSION
On March 6, 2006, the City Council approved the cooperative agreement
between the City and the Orange County Transportation Authority to fund
Bristol Street improvements from Warner Avenue to Seventeenth Street. The
first phase of the project, between Pine and McFadden, is currently under
construction and is expected to be completed by July 2010. Public Works is
currently acquiring property for the second phase of the project, between
Third and Civic Center.
To accommodate the widening for the second phase, acquisition of the
entire property located at 418 N Bristol and relocation the El Comedor
25E-1
Purchase Agreements For
Bristol Street Corridor
February 16, 2010
Page 2
restaurant (Exhibit 1) is required. The City purchased the property at 716
N. Bristol in 2009 and the tenant, Bristol Chiropractic, needs to be
relocated. The compensation amounts are the appraised values prepared by
an appraiser licensed in the State of California.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed
project has been determined to be adequately evaluated in the previously
prepared Environmental Impact Report/Environmental Impact Assessment EIR
No. 89-O1 approved by City Council in 1990.
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund (account
unit 05917661-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
,~Q
/
Raul Godine II Francisco Gutierrez
Executive D ector Executive Director
Public Works Agency Finance & Management Services
Agency
25E-2
LEGEND
SUBJECT PROPERTIES
ACQUIRED PROPERTIES
MATCHLINE
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EXHIBIT 1 0 ~A?'°N F,,~
S,
SANTA ANA
cm~ couNCi~ TITLE PURCHASE AGREEMENTS FOR ~
~ W A AGENDA DATE BRISTOL STREET CORRIDOR ~ • •
FEBRUARY 15, 2010 (PROJECT 08-1700-C)
PUBLIC WORKS AGENCY
25E-4
r +
PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
(Commercial)
THIS AGREEMENT, entered into this _ day of
2010, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly
organized under the Constitution and laws of the State of California (hereinafter referred to as the
"City" or "Buyer"), and 1650 So State College LLC (hereinafter called "Seller"), regardless of
number or gender;
WITNESSETH
For and in consideration of their promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City,
and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as
"said real property") described as follows:
All that certain real property located in the State of California, County of Orange, City of Santa
Ana, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 418 N. Bristol Street, Santa Ana, CA)
Said purchase and sale of said real property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Convevance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at
the office of First American Title Insurance Company, 2 First American Way, Santa Ana,
California, within thirty (30) days from and after the date on which the City has approved this
Agreement.
2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise
expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and
clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
profits, limitations, encumbrances (whether monetary or non-monetary, general or specific,
including any and all leasehold interests), liens, clouds or defects in title except those exceptions
shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be
conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that
acceptance by City of any deed to said real property, with or without knowledge of any condition,
restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance
(whether monetary or non-monetary, general or specific, and including any and all leasehold
interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and
clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might
accrue to City because of the failure of Seller to convey title as hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said
real property to City, within the time and at the place hereinabove specified for said conveyance
of said real property, a policy of title insurance to be issued by the above mentioned title
company, with the City therein named as the insured, in the amount of ONE MILLION SIX
HUNDRED SEVEN THOUSAND ONE HUNDRED FIVE AND NO/100 Dollars ($1,607,105)
insuring the title of the City to said real property is free and clear of any and all conditions,
restrictions, reservations, exceptions, easements, assessments, profits, limitations,
encumbrances (whether monetary or non-monetary, general or specific, and including any and all
leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may
1
25E-5
hereinafter expressly agree to take subject to. Acceptance by City of any such policy of
insurance, whether such insurance complies with the requirements of this paragraph or not, shall
not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a
waiver by the City of any rights of action for damages or any other rights which may accrue to City
by reason of the failure of Seller to convey title or to provide title insurance as required in this
Agreement.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance
Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days
from and after the date on which the City has approved this Agreement. This Agreement
constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this
Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to
close within 90 days of the City's execution of this Agreement.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its
acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached
hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller
within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent
hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any
transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation
fees, escrow fees and any other closing costs incidental to the conveying of said real property to
City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or
mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations
imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General
Provisions of this Agreement.
5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year
within which said real property is conveyed to City as are unpaid at the time of said conveyance
shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and
Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7
of the Revenue and Taxation Code of the State of California for that portion of property taxes on
said real property for said fiscal year which have been paid prior to the date the deed conveying
said real property to City is recorded which is allocable to that portion of the fiscal year which
begins on the date the deed conveying said real property to City is recorded and made
uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State
of California. All unpaid taxes on said real property for any and all years prior to the fiscal year
within which said conveyance is made shall be paid by Seller before conveyance of said real
property to City.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from
City, as and for the full purchase price for said real property, fixtures & equipment (improvements
pertaining to the realty), goodwill (if any), and severance damages, the total sum of ONE MILLION
SIX HUNDRED SEVEN THOUSAND ONE HUNDRED FIVE AND NO/100 Dollars ($1,607,105).
City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30)
days from and after the date on which the City has approved this Agreement, and the Escrow
Agent is hereby authorized to pay the same to Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
2
25E-6
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real
property to City is recorded, quiet and peaceful possession of said real property, which shall be
made free by Seller of all personal property.
8. Rental and Occunancv By Seller. Seller agrees to execute a complete, current and correct
statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to
Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements
attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360-
day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to
rent any units on the premises which are now vacant, or which may be vacated by present
occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits
pertaining to the subject property collected by or in the possession of Seller prior to the close of
escrow shall be transferred to and become the property of Buyer during escrow.
Seller hereby warrants that the rental statement referred to shall include the terms of all rental
agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller
agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also
warrants that there are no oral or written leases on all or any portion of the subject property
exceeding a period of one month.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents,
permission to enter upon said real property at all reasonable times prior to close of escrow for the
purpose of making necessary inspections.
13. Just Compensation. Seller acknowledges and agrees that said purchase price is just
compensation at fair market value for said real property and includes payment for fixtures &
equipment (improvements pertaining to the realty), goodwill (if any), and severance damages
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing
address of the Seller is:
1650 So State College LLC
c/o Mr. Demetrios Georgantopoulos
31581 Aguacate Rd.
San Juan Capistrano, CA 92675
3
25E-7
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the
whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every,
and all issue(s) that were raised or could have been raised in connection with the acquisition of
said real property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or
disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials")
on, under, in, or about the Property, or transported any Hazardous Materials to or from the
Property. Seller shall not cause or permit the presence, use, generation, release, discharge,
storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of
any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any
substance, material, or waste which is or becomes regulated by any local governmental authority,
the State of California, or the United States Government, including, but not limited to, any material
or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or
"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California
Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or
"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20,
Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a
"hazardous substance" under Section 25281 of the California Health and Safety Code, Division
20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
(vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely
hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4,
Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean
Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the
Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi)
defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec .
(42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
complies with all applicable laws and governmental regulations including, without limitation, all
applicable federal, state, and local laws pertaining to air and water quality, hazardous waste,
waste disposal, and other environmental matters, including, but not limited to, the Clean Water,
Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation
Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the
California Environment Quality Act, and the rules, regulations, and ordinances of the city within
which the subject property is located, the California Department of Health Services, the Regional
Water Quality Control Board, the State Water Resources Control Board, the Environmental
Protection Agency, and all applicable federal, state, and local agencies and bureaus.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or
based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
Hazardous Material on, under, in or about, or the transportation of any such materials to or from,
the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule,
regulation, permit, judgment, or license relating to the use, generation, release, discharge,
storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the
4
25E-8
Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty,
punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for
personal injury (including sickness, disease, or death, tangible or intangible property damage,
compensation for lost wages, business income, profits or other economic loss, damage to the
natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or
other adverse effect on the environment). This indemnity extends only to liability created prior to
or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to
act post close of this escrow.
20. Contingency. It is understood and agreed between the parties hereto that the completion of
this transaction, and the escrow created hereby, is contingent upon the specific acceptance and
approval of the City herein. The execution of these documents and the delivery of same to
Escrow Agent constitutes said acceptance and approval.
21. Modification and Amendment. This Agreement may not be modified or amended except in
writing signed by the Seller and City.
22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the
conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement
shall have no effect, but all the remaining provisions of this Agreement shall remain in full force.
23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are
for convenience only and are not to be considered in construing this Agreement.
24. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
25. No Reliance By One Party On The Other. Each party has received independent legal advice
from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the
provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and
not for or against any party based upon any attribution to such party as the source of the language in
question.
26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and
no other person or entity has or shall acquire any rights hereunder.
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the
party to be charged) and do such other acts and things as are reasonably necessary and appropriate
to effectuate the terms and conditions of this Agreement, without cost.
28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties to this Agreement.
29. Authority to Execute Agreement. Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of
the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
5
25E-9
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
The parties have executed this Agreement as of the date written below.
SELLER: 1650 So State College LLC
Name Title
APPROVED AS TO FORM:
BY: Dated
Gary Weisberg, Seller Legal Counsel
CITY/BUYER:
CITY OF SANTA ANA
BY:
David N. Ream
City Manager
ATTEST:
BY: Dated
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY:
Jose Sandoval
Chief Assistant City Attorney
6
25E-10
EXHIBIT "A"
IEGAI DESCRIPTION
Real properly in the City of Santa Ana, County of Orange, State of California, described ~
follows:
LOTS 1 AND 2, IN BLOCK A, OF THE GOLDSMITHS ADDITION, IN THE QTY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31 PAGE 23 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
APN: 405-064-06
7
25E-11
EXHIBIT "B"
GENERAL ESCROW PROVISIONS
All disbursements shalt be made by Escrow's check. All funds received in this escrow shall be deposited
in one or more of your general escrow accounts with any bank doing business in the State of California
and may be transferred to any other general escrow account or accounts. The expression "close of
escrow" means the date on which instruments referred to herein are filed for record. All adjustments are
to be made on the basis of a 30-day month. Recordation of any instruments delivered through this
escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized.
There shall be no prorations of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the
attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims
with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited
herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such
conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any
action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree
to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or
incurred by you in connection with, or arising out of this escrow, including, but without limiting the
generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in
interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you
in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time
specified herein and such additional time as is required to make an examination of the official records, you
will return all documents, money or property to the party entitled thereto upon satisfactory written demand
and authorization. Any amendment of and/or supplement to any instructions must be in writing. The
seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each
of which independently shall have the same effect as if it were the original, and all of which taken together
shall constitute one and the same instruction.
8
25E-12
1
~ Cti~ ~ ~
n.r,>i, ~l~c:~,~l~>f~~r~~ ~>LTT.r,r;n~r;rl~T ~ca~~~l~>v~T
I his Agrcer~lent ("Agzcen~ent is made b~~ and betwce.n tl~ic City of Santa Aiwa Public
~'i'orls ;~g~~ncy, a p~ub.lic body, cureorate acid holiii_c (".A.ge~.~c.y") and I3ristol Chiropractic
(`°lcnan~'"). Th~° Agen~~y ane~ "I'enai~i are hereinafter sornci.imes ~rl~~rr~°,~ t.o collc~c~rt-cIy as the
`1'~rtic5 `
IEI1.911't {7(lCi~~ll.±~ 3 t~llSillf'3,, G(JTI"ll.rlol~il,~~ I<~10A['ll aS ljil~~l~i l,hli-O~li"a.CfIC,, ~951(l' IS fhP.
OC;~ ~~-)-),Lilt 1~:;a.l ~J'AOiJCit~~ 10C„atE;(1 Ftl I`'~ I1~ISf.01 ~)l., '~~311ta .Ait;t. ~(1"1 C;
,.i~iOIJC_,71 y..l
I'1~ i'it,;,t5;y i~,.' been ~rgnireii l;;e f6 1p;eru:y fir il~irt Ir.°ic~i `~i~ei;i ~~h-'~flc~.ilirif~
~'r~~~~~r,:~. 'I ~ i7,a~7J ~nir~;rnJt• iu•~u(u^~, 'ihc hir>l.~~ri~ tri).ric;i ~ 'r~.,~, i~liYl I~i,_,: 26 -.00~,
nii~~ ,t i .~nn;iuliii i1'i rI rrtl :'';ii~~us,i I ~(ICII• ~I~ li ~~%~~m U'r.r~i ~r! litit~ 1 ;'(l;)i~ ann
I! )!.i; tC_;lii; ii'.;;li~~i il. ~l r.:r, ~~ili:` li ti11' ~vfl(, ,~~'('nl
- ~ ~ Il It i~i t I_i)~"
~'rr>~,;a - iti r t~~~ici , i~ :.'ii{~i the P.r•i ti ;tn< < ni~iriin_~ri , 3r'.i i(~ril'i 1.~~. Au
i~h~ ~ .Iiit: ~ttacn~i~~i t~~~e il~~~t i.h~~ Ir,;,iii~, ii a,5 ~;r,~ fo3~ii~ in jr~~a~r~~q~h i(<i) anc~ ~,il~c.i
C1)U Iij( i;~If7Ui .'~f1'C.~ ~'1 C~)illt( t'l7i)1~ l lth tl] ~\S?;'(Y )11(~.?i.I. ~U ~l'lf; 'f( ;Illi i);t~.~ ~~r)iTi~nUllUi4<.
~ii~d .~c.itl:;i~iie~~i of ~li;,~~utcii cairn; ,+~nd ~i~sll i~ev~ ~ ~r an}~ i.unr~ n~ fbr arty I~nn~pu;e, be
con idered an r~ilAiii?,si.on o('li~i};il~iv ~~r ie~s0o~.?:.ibility o,i the r~ai, ~I~~ n>> i~i~~:hc ~~,~.ies
Il~:rtui i•elr~~is~°d.
(i1-~~ 1 (Ilil~f I ~ al~ti~ ~,i c.~~a ~rler~iioi~ ntih i~ res~ui~,~ ailu u` fhc i~n~~iial },r~ntii; ~ ~ti~cl
[ i~:1f~11`. iL'u.1CiFi1 ~'f SEI nufll, i(. i , hi;liii)1 _fi:i'il U)i N(l~{ Al7tolij. I,IC ~}Qil fi,;; thflC:
C'unsicli,ratio~l
Via) The Agency shall pay to TenLUZt the >um ~>f ~~3f1,000.0~3 (Two )iiueadt•<~cl 'I'1A;i~°ty
'Tl~or~s~a~d l~c~llarv) {Tenant ±ettlcnlent Payment) as total compensation for
relocation assistance and any and all related expenses and claims as nu~rc fzally
described in paragraph 1(b) below. Tenant aclalowledges and agrees that it has
received an advance payment a~;aiust the Tenant settlement Payment in the
amount of• $20,000.00. i7pon fiili execution of this Agreement, the Agency will
begin processing a second paynreut, payable to the Peterson Law Group Caicnt
Trust Account, in the amount of $130,000.00, The Agency will make the final
payment to the Peterson Law Crroup Client Trost Account in the amolmt of
~~0,000.00, less any deductions described in paragraphs 1 (c) (d) and (e) of this
Agreement, after Tenant vacates the Property, sighs a Certificate of
Abandonmena, provides all ke}~s to the Property to the Agency or to the Agsncy's
relocation consultant, and provides written verification that all hazardous
materials have been legally and properly moved.
i of 7
25E-13
lb) Tenant agrees, that t71c consideration received pursua> t to paragraph 1(a) abo~.e
constitutes fiill satisfaction of any and al] obligations of~ the Agency to Tensult,
including; withou9 limitatioxl, any ob[i;;ations for relocation ~~~sisCancr~, relocation
benefi'rs; ~no~?uzg c~pulse; ua~rrest of aTi_y kind in the real e;;tate and l.caseboid.
loss ofbi~sis~as good~~~ill, coi~it~r.:nsat~ior~ for personal prapert~~ (loss of iz~t~eutor~~},
nirruiwr i_:u;tnr~a ,~rul e~r~in,r~ncr~i,rn_cresi, aitnr„~c= ii~~ n7~p~azs~~~l .r r~s o~.
;~-i lent_t7~ ,c~r~,;. iz; vas trr; t.b.i ,~rrti~>;~:; i;v r,o (Friel i.Jznn .'dine 30. ?(rl(1 a~ar.e
l .ir~~. ~~~orilri ~:na~~i remain iii n< ~ ,~j,ail~~y hCyoiUi ti~ie \'~~,aie ll.;tC<;. ~3 ~I'~t~o
f~lunnc~~l f tFtr I~ofla~ ~ ~~~X~~Ik,! ~~r:r ~I,i}~ pc;~oli_V a-ill L>e ~'ir,~lur:CeC1 rro!l~t I 71~,~i('s
~~iil~'ul ~1ii I'~iy~rllci~i, i4r raCf d:~y iii ~~cr,uj~ui~:y 1'~e~'(~nr~ tai! ~~i:~ir, 1.
k; is n~i1' 1, a.
r
ritt~ r ~ Uc i nor 8~ ~,~'tcil,~u~i 1~: bFC.~ti Si~17ii~ilt,~~~ at)r? ~71;~pyii(~i~il~~ al~h~~~z.~~:~1
I -.'r 1,?~-~ I .~~ri i i>il ~ it I"i !f~:.~~ i i ~
I'r ~
i I~i'I. ! 1'-iS .:L! I~7, ! it i;~:_
z
tl2r.i.i sir iii is ~ ~.Ini iii i~~~
I l ~ ~ i;iiCl~i I! I~Li.
~ I atl n i ~ s ( i ~ri i
~ ~ ~~I ji(~V~. ilr
r <i_ ~uul i iii ~'I~lii i~r. i~~~f~li t,~ih,~ ni ;-ill ..I O(1(,
~~lOlli)l I rii 1i11 )hlI ~~iicri, Iu~ ~ ~J ti V i'_U;1 In ,li~ r".i,ii,in
~
'J if171iJ! ~ ~~ii3.11Ui {4 )l.C)~,If1 S1~1~~ Ci_a`f-i.I Illi~. =i It ~t.F1:4~1 ~1t ~~-i '_'~~IJr ~~r ~',y t li l1C'i ~)~]i i~, fOi
Af1V of 1:~1i: L171i~~f(d~i~i~l'lF?8 ii~ Lh. (~Lflt;i l)Fn~~.~~ lu ti1.iF, ~CLII(71'A ;li ~lfrltC;ii1L11~.. ~~~Uti
lgrecnse~ll ;>hall serve full release and discharge l~~y the Parties, orz l>el~~alf of
tlienlselvcs., their agents; representatives, assigns, i.ruste,~°s. adn~inislra[urs,
attorna}~s, b.cirs. relat.ivcs, spouses, ~~x-spouses; benc~~rciaries, and. successors in
interest, in consideration of the iriutual co~~enants and promises contained herein,
of ll~ie ~-errant, tl~le CSty of Santa ,~na, 1:he City of Sv~ta Ana Public Worl<s Agenc,.y,
and those parties' accountants, other professionals, agea~ts, representatives,
assig>~ , er~.~ployees, administrators, trustees, uisurers, attorneys, ]~eirs,
beneficiaz'ies, and successors in interest (collectivel}~ tl~e "Released Parties"), from
all rights, claims or cross-claims, demands, actions, or causes of.~action, includin
those foz- damages, coaz7pensation, relocation assistance, relocation benefits, loss
of goodwill.. property interest, compensation for personal property (loss of
inventory), furniture, fi~aures and equipment, pmlitive damages, interest, costs,
attrn7ley's and appraisal -Pees, injunctive or declaratory relief, or for relief by way
of ~a~rit of mandate, or for demands, damages, refunds, debts, liabilities,
reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and
cai.~ses of action of whatever kind, at law or in equity, that the Parties have now or
ma~~ have against arty of the Released Parties arising from the facts and
cirewnstances described ui this Agreement including but not limited to (1) the
2 of 7
25E-14
acyuisilioz~~ o~' ll~le Property by the Agency, (2) Tenant"s leasehold interest, if any,
in the Property (oz' any portion thcreofj or any other zig]Zt or interest hcnant
ri~ay ha~~c, assert, or cla_in~l by z~~eason of Agency's ars.ions or fa.ilur~e io act.
incll~ding, but no[ l.iniitecl to; any clamp i.o reloca.t.ion assistai~cc. relocation
I>enPfi s or con~laensaiioi~ for ~>ropcrty or lass of good~rrill ti~oi~~ iJ7e Agency.
(l1j J.II [TlilUllia {1~l 1 L(:aSC, Lhi= h<lln.°~S tlUt;nC~ t0 alld dl. f ]Caac~, riCClUrf ~;11d CtL;t.har{Ft'
thy, f: I -~~,ec( P~irtic;,; n~~c~ -sac{1 ~~f tlae:n~, ira~rz to~~ ha.l~~ilit~- oi~ ~~n~y ~i~,1 it~c
~::h~~_(so ~~r:~-z fog ;a;i)~ cl~~.ii~z, ;u~~2z~~'. ~t;~~ 1agES. ~~r c,,uitablc c,~ ~erl~.u~~~~~>~ v ~ ~11ri o~~
~ir~y kind, v,~;i~ (liel i1il, rlvri~, ~,i ~~nv Lids ot. ~~,~,;}~.i~:h uc.6 caa,rii iiaif~.ht f~c 1>,~°;~~rt. i;
~S.Q(Jw'f .Yf Ull~CgOv~'t1 I(? the i7;111y- ]JU~4i,SS1(1~~ (h!°: ClEilp7 Ij8('~t prlrLy (;;~11 '.`~Iv
,i hr7.o~n fr~ii{;;;> < i~cl ~~;'~ttc,.s; ;~n~ a[1rl :;ll ripJ:EtS nnth•i ; ~;r~~.iu~l I >4~ o{ illr; C.culi<,r~t.i_;l,
''ivll u<)t v~~inCl i~lF I litlc;s ui~~(rCSt.~,~i(l r)TOV i~l('r -dI irJll(~;>>'S:
N ~ f!il,q!. 'ri ('li/:,', .~~1 ~.~1] ~ r(il;7!)i ~(7,~ )r
- 'ui . ~ ,Ili, ~J ~ _ r:'l.. ;~i'~'' ~ ,r..
`ors, 'I r I, ~I ~1~~; il-
- 1 1 r lr'gr ~
"ir: ~>ni
r,li n• I nu.,:il:,~f~ i:7~ il~ it ~~~)ut~ IA-; ,1 ;i
i it i( -n::'"~i'<iU i ~iP f1i(~ ly 5t~.i~%~iit;~(I. i`( :tills ~7.~uC`;;~~~ ;i~IS~J~if - i~l;~i i.
~~i.~; r°~,~ t -1'::Y1i '~,~t%1~~ b( civ~e'n ulJl i'li(`~; l1Cl ~,iiC,Cl, 11" -t'~'.Ciiij..il) SV11~ P~IC(I .'lily 2~~
'J1 il.ti f ~ii'IrI S; i111s h~n(l l~i~oVl,;li)il s. U1C1U~(L"l'. Lh 0'C L~ f ilili ftnri 7104'i ,Il)1I,4 rP.111 Li1~r~
i.lr irn(<ncn~,~ ,u su;;l~l.L,~~ed ~,I~urli::_ lirnl;~nll- and causes c,i~tu~~.ticui. ,,rl;~, to Ift,~
<iiiic d rl~~.t~-i ~~s Ifx~sc irriTi~; <it~rl i7ro~~ts~~>r~s r~~l~tiilrf~_ i~~ arty ~~l)~c~~ r.'laaA~i~, ;ir~na.nd~:
~Iid ~:~::rn -s <~i~actrc;n I~i°;~~in rll~~~ c_ ;~p;~t'in~=;rj.
rti"t i~ i[ n ~t,l,;'j~C.;; ihtii t :1i~iV ii ir(~L"Cr'i rJi,.~~n~ itLC~tb u1 l~~~t~ Jli~trit)lil 1~011i
aI ill ~l.C~(Iltl(lL7_ fn ~.~I Q;C 1>v~hlCh (t IInU' bt lit;~'l~!i Ill ~Jk` iI IIF, l>1~7 th ri .~~~CCI i~l t~1C. 5C~', rl,`~C.
of ~:iai,~l; 1-; i, ors+.ri~ If~;re;~; il~tai the fi_~rl ~ oi_rl~, a I~'aSit: ;,ball b~~ ai.1r1 rc~s~iail~
<>17~ecii~~e its all ;peels »ot~«ithstandin~r such dil7;rei1( o additional ti~cts or 1a~r-
or any ],arty's ~liscovcr}~ %hereof. 'l~hr, Parties shall nol be eniitled to any relief in
e:or~neexio~7 t}u_rewii including, but no[ limited t<~, aray danaag~es or any ril;hi o~~
claim to set a~~idc~ or rr scrod this ilgree~~~ent.
(dl None of the T'a~•ties or their respective agents nor any relatc;d entities have made.
ally statement I_,r presentation to the other regarding any fact relied i.ipon in
entering into this Agreement and P:he Parties, and each of them, expressly do nol.
rely upon any statement, representation or promise, of any ocher party or nay
party's agent rn• related eniities in executing i.his Agreement. except as is
expressly set forth herein. Each of the Parties has made such investigation of the
facts and law pertaining to the subject ir~atter of this Agreement as it deems
accessary, and has cot2sulled with legal counsel of~ its own choosing concerning
these matters.
(e) 'Tenant hereby represerns and warrants as old the Effective Date ol~ this AgR•eemen l
that (1) to its actual knowledge, no other entity or person has any right, till e, or
interest whatsoever in the released claims, and (2) that there has been no
3 of 7
25E-15
asi nmer~t, irans£er, cc>m~eyancc or other disposition by Tci~ant oI' an~~ o£ the
released clai.n~s, and tha~i "Tenant ~~~ili not wake an}~ such assigr~lient, transfer,
con~.~e-vance or oilz~r dis~oosition subsequent to the° I'ffective Date of il~iis
1,~r,~cm,:51t. f enan~ acknov dQcs th~~.t thr ~,~.~iho°i1~- tears rclie.ci anca is ,~1ein
U u~l~', sUC~~a rC,(Jtt ~'d]1~I,11U11S 8iill ~~A-r]ilNllitt't; 7n ',)1lC'1171fT 7T1i0 fhls .~~1~Cri"1"]E:;t11.. .
f it ~ Cr1211i u.~ll~ 1-1:)10 [-(,7flili~:46 Fai1(I ClFlelln /~~~~~t,;tl( }j ~1Z".LI)104~[ i - s4frl;'11'C°~, Ci)Tl,i,i<3<`10T`:
v' iC;l"~at;it'ill.i,j. ~h ~ I'i'O~Yt Ciil)' CI Ii11S I_~i~tt iTiZj~ UiF, i1'Oili ~ Cii~i11'~, 1~i0i1C)tACJC>>UiC
<<r~,~ Hilo=~ i~(ilr ~r~.t+; in i.he ~,r~r3i~~' t;i ~o)1al tr~~~l:~ci~~~ ~.:a,°:~~i r,,.,~i 1,,, this,
I Ill -Ai,i, Cjil~ 11 ~;:,~il't ilia; %i ~~;~i.((;117:'ill Ji %Jbi~h'tiTii inl ::11: ~)111;F,C~ ! Itlil]S Iit {~~,r~;,.'.tl
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~i~:'Ii ~~~i~v ~;1~n)s in.cic,inui~-, <t~i:nrl suxi hold P.isc other l:~au~~~ ,u~lri tlzr l:elr~it°.~] P~~,li,es
hr.unilc: s 1~~n~~~ and ~-~amst any ~~.hainis. ~1azr~.atres, t~rxi~ands. li,~biliiira, losses, judgments,
ner~se, acid attotne.>~ ~ reps aa~d'o,. coos res~~lting; f~i~on~ the blra.ch by such indem~ai£yi,~g
i~a,iy c~ any t»ov~ston of this. l~.grecn~~,~,t, the falsity of any ccprescntattoi~ or warranty
~~~ad, by t11G; incietru~ti~Iyi;~g party co~riained ii, this Agreen~ient.
t:~ hntire ~1~reement
This Agreen~eni togethea~ contains the eutirc Agreement of thr, Parties, and supersedes
any prier written o~~ oral agreements bet~ueer~ them, concei7~ing the subject matter of this
Agreement.
Partial lnvalidit}~
In she event that any term; covenant, condition or provision of this Agreement shall be
detennincd by a court of competent jurisdiction Co be invalid or against public polic}~, the
reniainiug provisions steal! contin~ie in full force and effect.
4of7
25E-16
1~ ai~,cr <.nd;'or_t~~ludificatioi~
hhc previsions oi' tl~~i_s A~reelrie~lt n~lay i~1vt be u-ai~~ed., altered, amended oz repeaftd. ila
~,~-h.ole or ii7 haj~i. exc?pt l.lpozl ,:1 ~~~r'iifeo a~,re,eaneni sig~~ed caci~ o:f tl~e I~'a!-tie 5. 'S'iar
,;'sti~~c~ h~~ ore: ~»ri.~ of the: I? r~f~or~nanea' of an}~ provision., r5r~ ~ihi A~recmc~~i sh,All uc~t
i il?%A 1101 ti"'. 1.1"I7 A~~i d.^il aCil r,lO7.S~1~1~~ it ~t'.IC'{. Jl_CC~ £L ~ t'ty~P ,i :;71V Ui~l~:i ~)I;l~`ISIOll ~l~,i'[;0~.
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ir:... i ~ , :r i
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n ~1u I,'iu~;~i ;)11r1 ~Ii,~II I;. (•inrli i,,
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'(.Iti ~-il L,~ ~t'f)Yi'ti~'l~~Eli rV'~ , Gy; r-`rlij.C71 ~ ~I( Irl,.. ~i iii;~.?. v,~lllt: '151{i 1C~ ~~C.< P,il fll l( iii
':-5x11 (il LriP: i~,3 r'i i'.;;.
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inil~~r. nn~ain ~ in,tY r i, k;l~ ~1~ ,.=_r i~~ '>?'n~ ,_iiii r nrr,'~ ' i~~~ir~. ~~i ih1r;
L~~ .'1_dvice~ ofCou7]scl
~I~hc I'arlies, and each of the. ach:~~owledge that in eoru~ecaio_a with tl~c negclt.iations anti
execution of 1:his Agreement, they have ezich been t~epresented by independent counse.( of
Ilu:ir own choosing and the .Parties executed tl~~e A~reemen( after review by such
inde~~,cndent counsel; or, if they were not so represented, said non-representation is and
was the voluntary, intetligeni and informed decision and election of the party riot so
represented; and, prior to executing the Agreement, each party has had an adequate
~~pportnnity to conduct an independent investigation of all the facts and circumstances
with respect to the n7atters which are the. subjecC of this Agreement including but not
limited to the ad~~isability of entering into this Agreement and the meaning of California
Civil Code Section 1 X42.
Sof7
25E-17
1-i. i~uthoriiv fo_L~ecutr Ibis Anreenzeni
i~,~~;~i~ i~e,~son ~~eca ingtl.ais afi'cr,~,.lcztt o» brhall~o~an enia,~ rep~rserats i ~.af 1~~e of >he is
?i.rtho~n_eci to excruic rbis.~~~ree~~_tGa~t o~_t hr:balfoL~iha~ ~'rtii« nand to h'~~d iliac <~~~~fit~ ic, (he
~crtni ~ ~ihi_s ~ r~;<;.ner1C
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~ ~Ji~li irf.0ii i(i f"~['. til try ni' :'14. rtglir4l~. ~ -
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. I`-101 1 ~;C'i'.
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~ii~ier ilir ;sir. n~irill ~,Icill ~x u. N-~iliri~ ;iit~l :lull ~:ith,~i il~ 1 ~i r _aSOt~dlll' ur
;iii i;;~ r ,f~~i ~ i I~); r~-;_lll~l~ C}i ,iiil:r~ iir7sl it f;~; rrlr ~i~s„i. ~ ,~~~,~~i,'i_ d~°lx Sii,e;Ci
iris ~ i, i1ccl ;i~~u:.., nail, ;_u~tl jtiio~~~ily sidsl~i aet.i i~~ ilia nt~~f~' =ii ii, tidcii ;~c i~nril!
nc}ui~ at ~~,ii~ oPlu~i isi~l;cs;, ~t~~af sn.ch jja.ic}~ i~naY ~~.>i~~~i<lie~ ~~,>>~iiicti Hotter ir, t'lic° ~~tltr~.i
ir~rt~,.
i1.gf:nc+-: ~ouri An~iraui
Deputy City E:n„ineer
City of Sauta Ana Public Works AUcncy
~0 Civic Center Plaza, M-36
Satzta Ana, Calii~orriia 9?701
"f o "Tenan1: Dr. l~li Mostafavi
l3z•istol Chiropractic
C/U Peterson L,aw Group
707 Wilshire 13ivd., #5270
Los Angeles, C'A 90017
6uf7
25E-18
<<:~. Jurisdiceillt~ a11ij \~enuc
,,,i~i~- ac.iiolz o~ proc~..cii.tz~; conc~;rning This A~ir.earzrrit allall be Oiled ~.;nd ~>lo rcui.~d in Ll,c,
F~~~rc~~~iiale C.•~J~fbalia c;our( in ~hc Courli.y v(' Oraia~c; Calri'ornia_ 1?acii f~ar[~- hereto
~r_:vo~:a~~l~~ u~~,~;entr; ic; 'rhe perso~131 ,j~U~isllir,[ioll vi~ the courl_ Thy, .Fa~•[~lr > e~~a~:;1~~ hrr~l~i~+},
'.~:.~Jr~ 1~~ -bVF h~P the. ):.lle1"ll Clf ?eI7,~' F)rOt'1510[1 U`~ ]81i j)-(`oVlC~il1;~ r07` 1 cl1aJ7~e Cn` V(',191JC i.O
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ui Cllli ~l;~llj ~u,t.OC It IJ1C t~rllll..° 01 (~t,l(', 10 U1t, i_gf~ f}lfl[ k`Sih"f Pf~c 1111).io7i(~ IS it ~i~.i;1}~ [o
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.u~°; in :<i]),~- r~-~,-. i'if,llr, ~,ro~ itl,c:ri fr. j lip ~~i,~i~~i iri t))_liOl'~17,A i'oftP rri, ('ivi~~
~~~c ~ ur fit>~ .SrT; ~;i rail ~.i 3i~i1~' rir i`(~I~'~,il ;i~+iu~r<s Ci, ~i.ri~.i,il 'Ie~~~.i~ioll of ~.iT~~iil;~~.
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~t;t:i;t I1. ll~iizar _ _ _ _ _
~_PI'RO\-AEI) .~S '1~O 1~OR1~I:
,i~;;e~~,i~i T'Ictcher
C`it~° .~iaoruey
f 31~ Dated
Jose Sandoval
S~ uiur i~Qauaging Asistallt City ~ttorn~y
7 of 7
25E-19
25E-20
~ ~
ALL INCLUSIVE SETTLEMENT AGREEMENT
This Agreement ("Agreement") is made by and between the City of Santa Ana Public
Works Agency, a public body, corporate and politic ("Agency") and El Comedor Restaurant
("Tenant"). The Agency and Tenant are hereinafter sometimes referred collectively as the
"Parties."
RECITALS
A. Tenant operates a business, commonly known as El Comedor Restaurant, located at
418 N. Bristol St., Santa Ana, CA (the "Property").
B. The Agency has made an offer to purchase the Property for the Bristol Street
Widening Project. The property owner, 1650 South State College LLC, and Agency
have negotiated a Purchase and Sale Agreement ("PSA") for Owner's Property
("Acquired Property"), which will result in the termination of Owner's and Tenant's
rights, title and/or interests in the Acquired Property.
C. The Parties desire to resolve all issues relating to the Agency's acquisition of the
Property in accordance with the terms and conditions set forth below.
D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other
consideration given in connection with this Agreement are the result of a compromise
and settlement of disputed claims, and shall never, at any time or for any purpose, be
considered an admission of liability or responsibility on the part of any of the parties
herein released.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
covenants hereinafter set forth, it is hereby agreed by and among the Parties that:
1. Consideration
(a) The Agency shall pay to Tenant the sum of $592,895.00 (Five Hundred Ninety
Two Thousand Eight Hundred Ninety Five Dollars) (Tenant Settlement
Payment) as total compensation for relocation assistance and any and all related
expenses and claims as more fully described in paragraph 1(b) below. Upon full
execution of this Agreement, the Agency will begin processing a single payment,
payable to the Palmieri, Tyler, Wiener, Wilhelm & Waldron Client Trust
Account, in the amount of $592,895.00, less any deductions described in
paragraphs 1 (c) and (d) of this Agreement, after Tenant vacates the Property,
signs a Certificate of Abandonment, provides all keys to the Property to the
Agency or to the Agency's relocation consultant, and provides written verification
that all hazardous materials have been legally and properly moved.
(b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above
constitutes full satisfaction of any and all obligations of the Agency to Tenant,
including, without limitation, any obligations for relocation assistance, relocation
benefits, moving expenses, interest of any kind in the real estate and leasehold,
I of 7
25E-21
loss of business goodwill, compensation for personal property (loss of inventory),
furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
damages of any nature.
(c) Tenant agrees to vacate the premises upon recordation of the Grant Deed
transferring ownership of the Property to the Agency. ("Vacate Date").
(d) Tenant hereby agrees that Agency may remove and dispose of any personal
property or trash that has not been moved upon the Vacate Date, as it elects and
desires, without any notice to Tenant.
(e) Payment will be made for Relocation Expenses in the amount of $462,895.
(f) Payment will be made for Loss of Business Goodwill in the amount of $130,000.
2. Release
(a) Nothing contained herein shall constitute a release or discharge by either party for
any of the undertakings of the other party to this Settlement Agreement. This
Agreement shall serve as a full release and discharge by the Parties, on behalf of
themselves, their agents, representatives, assigns, trustees, administrators,
attorneys, heirs, relatives, spouses, ex-spouses, beneficiaries, and successors in
interest, in consideration of the mutual covenants and promises contained herein,
of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
and those parties' accountants, other professionals, agents, representatives,
assigns, employees, administrators, trustees, insurers, attorneys, heirs,
beneficiaries, and successors in interest (collectively the "Released Parties"), from
all rights, claims or cross-claims, demands, actions, or causes of action, including
those for damages, compensation, relocation assistance, relocation benefits, loss
of goodwill, property interest, compensation for personal property (loss of
inventory), furniture, fixtures and equipment, punitive damages, interest, costs,
attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way
of writ of mandate, or for demands, damages, refunds, debts, liabilities,
reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and
causes of action of whatever kind, at law or in equity, that the Parties have now or
may have against any of the Released Parties arising from the facts and
circumstances described in this Agreement including but not limited to (1) the
acquisition of the Property by the Agency, (2) Tenant's leasehold interest, if any,
in the Property (or any portion thereof) or (3) any other right or interest Tenant
may have, assert, or claim by reason of Agency's actions or failure to act,
including, but not limited to, any claim to relocation assistance, relocation
benefits or compensation for property or loss of goodwill from the Agency.
(b) In making this release, the Parties intend to and. do release, acquit and discharge
the Released Parties, and each of them, from any liability of any nature
whatsoever for any claim, injury, damages, or equitable or declaratory relief of
any kind, whether the claim, or any facts on which such claim might be based, is
2 of 7
25E-22
known or unknown to the party possessing the claim. Each party expressly
acknowledges and waives any and all rights under Section 1542 of the California
Civil Code, which the Parties understand provides as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his/her favor at the time of executing the release, which if
known by him/her must have materially affected his/her settlement with the
debtor.
Each party acknowledges the foregoing waiver of the provisions of California
Civil Code Section 1542 was separately bargained for and expressly consents that
this Agreement shall be given full force and effect in accordance with each and all
of its express terms and provisions, including those terms and provisions relating
to unknown or unsuspected claims, demands and causes of action, if any, to the
same effect as those terms and provisions relating to any other claims, demands
and causes of action herein above specified.
(c) Each party acknowledges that it may hereafter discover facts or law different from
or in addition to those which it now believes to be true with respect to the release
of claims. Each party agrees that the foregoing release shall be and remain
effective in all respects notwithstanding such different or additional facts or law
or any party's discovery thereof. The Parties shall not be entitled to any relief in
connection therewith, including, but not limited to, any damages or any right or
claim to set aside or rescind this Agreement.
(d) None of the Parties or their respective agents nor any related entities have made
any statement or presentation to the other regarding any fact relied upon in
entering into this Agreement and the Parties, and each of them, expressly do not
rely upon any statement, representation or promise of any other party or nay
party's agent or related entities in executing this Agreement, except as is
expressly set forth herein. Each of the Parties has made such investigation of the
facts and law pertaining to the subject matter of this Agreement as it deems
necessary, and has consulted with legal counsel of its own choosing concerning
these matters.
(e) Tenant hereby represents and warrants as of the Effective Date of this Agreement
that (1) to its actual knowledge, no other entity or person has any right, title, or
interest whatsoever in the released claims, and (2) that there has been no
assignment, transfer, conveyance or other disposition by Tenant of any of the
released claims, and that Tenant will not make any such assignment, transfer,
conveyance or other disposition subsequent to the Effective Date of this
Agreement. Tenant acknowledges that the Authority has relied and is relying
upon such representations and warranties in entering into this Agreement.
(f) Tenant will Hold Harmless and defend Agency, its employees, agents, contractors
or representatives from any claims that may arise from Tenant's nondisclosure of
any other interests in the Property or personal property referenced by this
agreement.
3 of 7
25E-23
(g) This Agreement represents a settlement of doubtful and disputed claims between
the Parties and does not constitute any admission of liability by either party to the
other party to this Agreement.
3. Third Partv Beneficiaries
Except as explicitly set forth herein, nothing in this Agreement is intended to create any
third party beneficiaries under this Agreement, and no person or entity other than
Authority and Tenant shall be authorized to enforce the provisions of this Agreement.
4. Attorney's Fees
In the event of litigation relating to or arising out of this Agreement, the prevailing party
shall be entitled to be reimbursed by the non-prevailing party for all reasonable costs and
expenses incurred thereby, including, but not limited to reasonable attorney's fees and
costs for services rendered to such prevailing party.
5. Indemnity
Each party shall indemnify, defend and hold the other party and the Released Parties
harmless from and against any claims, damages, demands, liabilities, losses, judgments,
expenses and attorney's fees and/or costs resulting from the breach by such indemnifying
party of any provision of this Agreement, the falsity of any representation or warranty
made by the indemnifying party contained in this Agreement.
6. Entire Agreement
This Agreement together contains the entire Agreement of the Parties, and supersedes
any prior written or oral agreements between them, concerning the subject matter of this
Agreement.
7. PartialInvalidity
In the event that any term, covenant, condition or provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or against public policy, the
remaining provisions shall continue in full force and effect.
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25E-24
8. Waiver and/or Modification
The provisions of this Agreement may not be waived, altered, amended or repealed, in
whole or in part, except upon a written agreement signed by each of the Parties. The
waiver by one party of the performance of any provisions of this Agreement shall not
invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof.
9. Headings
The headings, subheadings and numbering of the different paragraphs of this Agreement
are inserted for convenience and for reference only and shall not be considered for any
purpose in construing this Agreement.
10. Governin Law
The rights and obligations of the Parties under this Agreement shall be construed and
enforced in accordance with, and governed by, the laws of the State of California.
11. Successors In Interest
Subject to any restrictions against assignment contained herein, this Agreement shall
inure to the benefit of, and shall be binding upon, the assigns, successors in interest,
personal representatives, executors, estates, heirs, legatees, agents and related entities of
each of the Parties.
12. Necessary Acts
Each of the Parties agrees to perform such further acts, and execute and deliver such
further documents, as may be reasonably necessary to carry out the provisions of this
Agreement.
13. Advise of Counsel
The Parties, and each of the, acknowledge that in connection with the negotiations and
execution of this Agreement, they have each been represented by independent counsel of
their own choosing and the Parties executed the Agreement after review by such
independent counsel; or, if they were not so represented, said non-representation is and
was the voluntary, intelligent and informed decision and election of the party not so
represented; and, prior to executing the Agreement, each party has had an adequate
opportunity to conduct an independent investigation of all the facts and circumstances
with respect to the matters which are the subject of this Agreement including but not
limited to the advisability of entering into this Agreement and the meaning of California
Civil Code Section 1542.
5 of 7
25E-25
14. Authority to Execute This Agreement
Each person executing this Agreement on behalf of an entity represents that he or she is
authorized to execute this Agreement on behalf of that entity and to bind that entity to the
terms of this Agreement.
15. Construction
Each party has cooperated in the drafting and preparation of this Agreement. In any
construction to be made of this Agreement, or of any of its terms and provisions, the
same shall not be construed against any party.
16. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an
original and, when taken together with other signed counterparts, shall constitute one
Agreement, which shall be binding upon and effective as to all Parties.
17. Voluntary Agreement
The Parties, and each of them, further represent and declare that they have carefully read
this Agreement and know the contents thereof, and that they sign the same freely and
voluntarily.
18. Notices
All notices, requests, demands and other communications required or permitted to be
given under this Agreement shall be in writing and shall either be delivered personally or
be sent by telegram or by regular or certified first class mail, postage prepaid, deposited
in the United States mail, and properly addressed to the party at its address set forth
below, or at any other address that such party may designate by written notice to the other
party:
To Agency: Souri Amirani
Deputy City Engineer
City of Santa Ana Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, California 92701
To Tenant: Demetrios Georgantopoulos
El Comedor Restaurant
C/O Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP
2603 Main St., East Tower, Suite 1300
Irvine, CA 92614-6228
6of7
25E-26
19. Jurisdiction and Venue
Any action or proceeding concerning this Agreement shall be filed and prosecuted in the
appropriate California court in the County of Orange, California. Each party hereto
irrevocably consents to the personal jurisdiction of the court. The Parties each hereby
expressly waive the benefit of any provision of law providing for a change of venue to
any other court, including, without limitation, federal Agency court, due to any diversity
of citizenship between the Parties or due to the fact that either the Authority is a party to
such action or proceeding. Without limiting the generality of the foregoing, the Parties
specifically waive any rights provided to it pursuant to California Code of Civil
Procedure Section 394 or other state or federal statutes or judicial decisions of similar
effect.
IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the
date first written above.
TENANT: El Comedor Restaurant
Demetrios Georgantopoulos Title Tax Identification No. Date
APPROVED AS TO FORM:
B Y: Dated
Gary Weisberg, Tenant Legal Counsel
CITY OF SANTA ANA
B~'~ Dated
David N. Ream
City Manager
ATTEST:
Dated
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY: Dated
Jose Sandoval
Chief Assistant City Attorney
7of7
25E-27
25E-28
REQUEST FOR
COUNCIL ACTION ~ r
~a
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
AGREEMENT WITH JUNIOR TENNIS ? As Recommended
AMBASSADORS, INC. TO CONTINUE THE ? As Amended
JUNIOR TENNIS AMBASSADORS PROGRAM ? Ordinance on 1$' Reading
? Ordinance on 2"d Reading
AT CABRILLO TENNIS CENTER ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
? ~~~i~,^-----~ FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with Junior Tennis
Ambassadors, Inc., subject to non-substantive changes approved by the
City Manager and City Attorney, to continue the Junior Tennis
Ambassadors Program at Cabrillo Tennis Center, in an amount not to
exceed $50,000.
DISCUSSION
Led by the very well know tennis couch and Psychologist Mr. Vic Braden,
the Junior Ambassadors Tennis Program teaches young coaches to train
other children in the sport of tennis. This program is a key strategy in
increasing physical fitness opportunities for Santa Ana youth and to
strengthen the importance of youth exploring different types of sports.
The program provides a key strategy to introduce tennis to inner city
youth. Diversity in sports and positive community activities are
documentable determinants in the lives of youth that lead to higher
education and successful careers. Goals of the program include:
• Teaching young students in the Santa Ana Unified School District to
become tennis coaches for their peers
• Quantifying the number of new tennis players entering the game
through efforts of the program
• Reaching as many multi-cultural families as possible
• Increasing inter-school competition for those not competing for
their school team
• Enriching academic experiences for all interested children
• Generating a greater interest for young students in attending
college
25F-1
Agreement with Junior Tennis Ambassadors, Inc.
February 16
Page 2
A $25,000 grant from the Henry T. Nicholas III Foundation was used to
launch the program in 2009. The Foundation has awarded an additional
$50,000 to the Charitable Ventures of Orange County to support the
successful momentum of the program in 2010.
FISCAL IMPACT
The Charitable Ventures of Orange County will pay the Junior Tennis
Ambassadors Inc. the $50,000 required by this agreement.
APPROVED AS TO FUNDS AND ACCOUNT:
Gerardo Mouet, Francisco Gutierrez,
Executive Direc or Executive Director
Parks, Rec. an Com. Svcs. Finance and Mgt. Svcs. Agency
25F-2
REQUEST FOR
COUNCIL ACTION
s
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
? As Recommended
EMERGENCY MEDICAL TECHNICIAN ? As Amended
CRIMINAL HISTORY REVIEW ? Ordinance on 1~aReading
? Ordinance on 2 Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
~'CL-Cti...,.~%'~,/ ~ FILE NUMBER
.~--o
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution authorizing the Santa Ana Fire Department to access
state and federal summary criminal history information for employment or
certification purposes.
DISCUSSION
California Penal Code Section 11105(b)(11) authorizes cities and
counties to request background information from the California Attorney
General and the Federal Bureau of Investigation for employees seeking
employment, certification, or licensing duties. This code section
requires that the city council or the governing board of the city
specifically authorize the obtaining of this criminal history
information.
The position of Firefighter with the City requires that any incumbent or
potential new hire comply with certain requirements, including
possession of a valid California Class "C" driver's license, having no
felony convictions, and a criminal record reasonably clear of
misdemeanors and traffic violations. Additionally, Assembly Bill 2917
was signed into law and established a new state commission to review the
criminal history of all Emergency Medical Technicians (EMT) who provide
pre-hospital care. Such review may result in disciplinary action or
possible revocation of the EMT certificate. The bill does allow a city
to conduct its own review of its EMT employees and then certify to the
commission that there are no criminal issues affecting an EMT's
certificate.
To ensure that the job specifications of the Firefighter position are
met, and for the city to be able to conduct its own review of the
record, as allowed under AB 2917, the Fire Department desires to use the
provisions of Penal Code Section 11105(b)(11) to access the criminal
history information of its Firefighter/EMT employees.
55A-1
Emergency Medical Technician Criminal History Review
February 16, 2010
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this resolution.
Marc a in
Fire C ief
Fire Department
Attachments: Council Resolution
55A-2
Js01 /27/10
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING ACCESS TO STATE AND i
FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION
FOR FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN
AND PARAMEDIC EMPLOYMENT AND CERTIFICATION
PURPOSES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities,
counties, districts and joint powers authorities to access state and local summary
criminal history information for employment, licensing or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties, districts and
joint powers authorities to access federal level criminal history information by
transmitting fingerprint images and related information to the Department of Justice to
be transmitted to the Federal Bureau of Investigation; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be
a requirement or exclusion from employment, licensing, or certification based on
specific criminal conduct on the part of the subject of the record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city
council, board of supervisors, governing body of a city, county or district or joint powers
authority to specially authorize access to summary criminal history information for
employment, licensing or certification purposes.
NOW THEREFORE, BE IT RESOLVED, that the City of Santa Ana is hereby authorized
to access state and federal level summary criminal history information for employment
(including volunteers and contract employees), licensing of firefighters, emergency
medical technicians and paramedics, or certification for firefighter, emergency medical
technician and paramedic purposes and may not disseminate the information to a
private entity; and
BE IT FURTHER RESOLVED, that the City of Santa Ana shall not consider a person
who been convicted of a violent or serious felony or misdemeanor eligible for
employment (including volunteers and contract employees), or licensing; except that
such conviction may be disregarded if it is determined that mitigating circumstances
55A-3
exist, or that the conviction is not related to the employment, volunteer or license in
question.
This resolution shall take effect immediately on its adoption by the City Council of the
City of Santa Ana.
ADOPTED this day of February, 2010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Joseph Straka
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
55A-4
REQUEST FOR .
COUNCIL ACTION
,
~y
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
? As Recommended
PROPOSED AMENDMENT TO CLASSIFICATION ? As Amended
AND COMPENSATION AND ANNUAL BUDGET ? Ordinance on 1S` Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
~C/`- FILE NUMBER
CITY MANAGER
RECONIl~lENDED ACTION
Adopt a resolution that amends the City's Basic Classification and
Compensation Plan (82-110) and amends the fiscal year 2009-2010 annual
budget to create two job classifications and add one position as well
as reallocate three positions to these new classifications.
DISCUSSION
The Personnel Services Department studied the job classification in the
Parks, Recreation & Community Services Agency assigned to supervise
workers who perform park landscaping and maintenance work. This study
concluded that there has been a greater emphasis on the inspection and
trouble-shooting of in-progress and completed groundskeeping projects,
and an increase in work relating to contract management. Accordingly,
it was determined that new classifications should be created to more
accurately summarize the major job responsibilities of the work
performed and align them with recognized titles in the industry. To
that end, the Executive Director of Parks, Recreation and Community
Services is proposing the creation of two job classifications titled
Park Maintenance Inspector I and Park Maintenance Inspector II. These
classifications will reflect the management and monitoring
responsibilities performed in the City's parks and properties.
Pursuant to the City Council directive at the November 16, 2009 City
Council meeting, one Park Maintenance Inspector II position will be
added to the Parks, Recreation and Community Services Agency 2009-10
annual budget. In addition, the Executive Director of Parks,
Recreation and Community Services is proposing the reallocations of two
Park Maintenance Worker positions to the Park Maintenance Inspector I
class, one Park Maintenance Leader position to the Park Maintenance
55B-1
Proposed Amendment to Classification
and Compensation and Annual Budget
February 16, 2010
Page 2
Inspector II class, and one General Maintenance Supervisor to the Park
Maintenance Supervisor class. Because the new job classifications are
placed at the same salary rate range as the current positions, these
reallocations will not result in any change in compensation.
FISCAL IMPACT
Assuming an effective date of March 1, 2010, the cost of one additional
Park Maintenance Inspector II position is $21,216 for the remainder of
the fiscal year. Funds are available in the Park Services accounting
unit (nos. 01113250-various).
APPROVED AS TO FUNDS AND
ACCOUNTS:
_
Kathie Gonzalez Francisco Gutierrez
Executive Director Executive Director
Personnel Services Agency Finance and Management Services
Agency
_~i
Ger rdo Mouet
Ex cutive Director
Par s, Recreation & Community Services Agency
KG/es/pr
55B-2
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO ADD
TWO NEW FULL TIME CLASSIFICATION TITLES TO THE
CITY'S BASIC CLASSIFICATION AND COMPENSATION
PLAN, AND TO AMEND THE CURRENT ANNUAL BUDGET TO
ADD AND REALLOCATE POSITIONS IN THE PARKS,
RECREATION AND COMMUNITY SERVICES AGENCY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare, install and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of the City Council.
B. On August 2, 1982, the City Council passed and adopted Resolution
No. 82-110, revising and re-establishing the Basic Classification and
Compensation Plan for Officers and Employees of the City of Santa Ana.
C. On June 30, 2009, the City Council passed and adopted Ordinance No.
NS-2788, which established the City's Annual Budget, authorized position
allocations for Fiscal Year 2009-2010, and set forth the requirement that
alterations in the allocation of authorized positions be reviewed and
approved by the City Council.
D. In order to monitor and oversee the performance of park maintenance
contractors to ensure efficient and effective services, the Executive
Director of the Parks, Recreation and Community Services Agency
proposes to create two (2) full time classification titles, and to add one (1)
position and reallocate four (4) positions in the current Annual Budget.
Section 2: That Section 3 of Resolution No. 82-110, as amended, is hereby
further amended by adding, in alphabetical sequence, the following classification titles
at the monthly six-step salary rate range and effective date indicated:
6-Step Salary Rate (SRR) Effective 02/16/10
Monthly Salary
Classification Title SRR Minimum-Maximum
Park Maintenance Inspector I 569 $3352 - $4278
Park Maintenance Inspector II 613 $4152 - $5304
55B-3
Section 3: That Ordinance No. NS-2788, the Annual Budget for Fiscal Year
2009-2010, as amended, shall be further amended by:
A. Adding one (1) full time position in the Parks, Recreation and Community
Services Agency as follows:
6-Step Salary Rate Range (SRR) Effective 2/16/10
Monthly Salary
Classification Title SRR Minimum-Maximum
*Park Maintenance Inspector II 613 $4152 - $5304
Position added pursuant to City Council directive through motion made at the 11/16/09
City Council Meeting.
B. Reallocating four (4) full time positions in the Parks, Recreation and
Community Services Agency with no change in salary as follows:
6-Step Salary Rate Ranae (SRR) Effective 2/16/10
Monthly Salary
Classification Title SRR Minimum-Maximum
Two (2) positions from:
Park Maintenance Worker 569 $3352 - $4278
To Park Maintenance Inspector I 569 $3352 - $4278
One (1) position from:
Park Maintenance Leader 613 $4152 - $5304
To Park Maintenance Inspector II 613 $4152 - $5304
One (1) position from:
General Maintenance Supervisor 661 $5252 - $6702
To Park Maintenance Supervisor 661 $5252 - $6702
Section 4: That except as amended by this Resolution, all other provisions of
Resolution No. 82-110, as amended, and Ordinance No. NS-2788 setting forth the
Annual Budget for Fiscal Year 2009-2010, as amended, shall remain in full force and
effect.
Section 5: That this Resolution shall be operative from and after February 16,
2010.
55B-4
ADOPTED this 16th day of February, 2010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
' By:
Joseph Straka
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
55B-5
55B-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
RESOLUTION AUTHORIZING THE ? As Recommended
SUBMITTAL OF PROPOSITION 84 ? As Amended
? Ordinance on 15S Reading
STATEWIDE PARK DEVELOPMENT AND ? Ordinance on 2nd Reading
COMMUNITY REVITALIZATION GRANT ? Implementing Resolution
APPLICATION FOR WILLARD JOINT USE ? Set Public Hearing For
SITE IMPROVEMENTS
CONTINUED TO
i
t.c ~ FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution authorizing the submittal of Proposition 84 Statewide
Park Development and Community Revitalization Grant application in the
amount of $4,387,300 for park improvements at the Willard Intermediate
School Joint Use Site.
DISCUSSION
In November 2006, California voters passed Proposition 84, a $5.4 billon
"Safe Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act. The bond act will provide $368 million in
grant funding for new parks and recreational opportunities in critically
underserved communities. The $368 million is divided into two rounds of
grant opportunities. The first round of applications is due on March 1,
2010.
In November 2009, the City of Santa Ana and the Santa Ana Unified School
District entered into an agreement for joint use of Willard Intermediate
School. Per the joint use agreement, the City manages reservations of the
site for youth programs, after school and on weekends. Since the area
around Willard Intermediate School is void of park open space staff is
recommending City Council approve the resolution to apply for Proposition
84 grant funding to install synthetic turf, running track, play equipment,
and other amenities at Willard Intermediate School.
55C-1
Resolution - Proposition 84 Grant
February 16, 2010
Page 2
The proposed improvements were suggested by the community through various
community input meetings. The Santa Ana Unified School District Board of
Education will be reviewing the proposed improvements for Willard
Intermediate School on February 9, 2010.
FISCAL IMPACT
There is no fiscal impact associated with this action.
} ~
Gera~'do Mouet,
Exec~itive Director
Parks, Rec. and Com. Svcs. Agency
55C-2
Jwf 2-4-10
RESOLUTION NO. 2010-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE APPLICATION FOR
STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM GRANT FUNDS UNDER
THE SAFE DRINKING WATER QUALITY AND SUPPLY,
FLOOD CONTROL, RIVER AND COSTAL PROTECTION
BOND ACT OF 2006.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the
administration of the Statewide Park Program, setting up necessary
procedures governing the Application; and
B. Said procedures established by the State Department of Parks and
Recreation require the applicant to certify by resolution the approval of
application(s) before submission of said application(s) to the State; and
C. The applicant will enter into a contract with the State of California to
complete the grant scope project;
I
Section 2. The City Council hereby approves the filing of an application for
$4.4 million under the Statewide Park Development and Community Revitalization
Program for Willard Joint Use Site Improvements, and
(a) Certifies that said applicant has or will have available, prior to
commencement of any work on the project included in this application, the sufficient
funds to complete the project; and,
(b) Certifies that the applicant has or will have sufficient funds to operate and
maintain the project(s); and,
(c) Certifies that the applicant has reviewed, understands, and agrees to the
General Provisions contained in the contract shown in the Grant Administration Guide;
and,
Resolution No. 2010-XXX
5503 Page 1 of 2
(d) Delegates the authority to the City Manager or the Executive Director of
the Parks, Recreation and Community Services Agency or his designee to conduct all
negotiations, sign and submit all documents, including, but not limited to applications,
agreements, amendments, and payment requests, which may be necessary for the
completion of the grant scope; and
(e) Agrees to comply with all applicable federal, state and local laws,
ordinances, rules, regulations and guidelines.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
Resolution No. 2010-XXX
Page 2 of 2 5504
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2010-XXX
5505 Page 3 of 2
55C-6
REQUEST FOR
COUNCIL ACTION _
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT WITH ORANGE COUNTY ? As Amended 5c
? Ordinance on 1 Reading
COUNCIL OF GOVERNMENTS (OCCOG) ? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Nearing For
j CONTINUED TO
~2 ,f FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution executing an amended Joint Powers Agreement with the
Orange County Council of Governments (OCCOG) and execute the attached
JPA.
BACKGROUND
The Orange County Council of Governments serves as an official sub
region of the Southern California Association of Governments (SLAG).
The 40 member OCCOG agency provides a coordinated mechanism for Orange
County cities to make policy recommendations to SCAG regarding regional
plans and programs. Key work issues addressed by the OCCOG are:
• protecting Orange County interests in the Regional Housing Needs
Assessment (RHNA) allocation to local jurisdictions in the six-
county SCAG region;
• development of a growth forecast for local, countywide and
regional planning efforts which is required by statute to be used
in the RHNA allocations and for transportation planning;
• providing input on new requirements relating to SB 375 and its
Sustainable Communities Strategy which seeks to reduce greenhouse
gas emissions by shifting future and higher-intensity growth near
transit stations and facilities.
55D-1
Agreement With Orange County
Council of Governments (OCCOG)
February 16, 2010
Page 2
In 2009, the OCCOG Board of Directors completed a comprehensive
revision to the original 1996 OCCOG Joint Powers Agreement. The
amendments establish annual membership dues to assist in financing
OCCOG operations and broadens the powers of OCCOG to retain staff and
consultants to conduct its responsibilities as a SCAG sub region.
Further, the amendment requires that any elected official that
represents OCCOG at SCAG's policy committees be from a dues-paying
OCCOG Member Agency in good standing.
Staff recommends that the City of Santa Ana continue to be a Member
Agency of OCCOG and recommends that the City of Santa Ana adopt the
resolution to execute the amended OCCOG Joint Powers Agreement.
FISCAL IMPACT
There is no fiscal impact associated with this action.
55D-2
Jwf 2-4-10
RESOLUTION NO. 2010-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING AND AUTHORIZING
EXECUTING AN AMENDED AND RESTATED ORANGE
COUNTY COUNCIL OF GOVERNMENTS (OCCOG) JOINT
POWERS AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Orange County Council of Governments (OCCOG) serves as a
Southern California Association of Governments (SCAG) subregional organization that
represents the interests of Orange County in the consideration of SCAG plans,
programs, policies and legislative platforms; and,
B. The OCCOG was duly established by a joint powers agreement as a
separate legal entity by and between thirty (30) founding member agencies between
April 1996 and January 1998, with said member agency representation currently
comprised of forty (40) public agencies; and with each member, by and through its
legislative body, independently determining that the public interest, convenience and
necessity required creation of a joint powers authority known as the OCCOG; and,
C. The OCCOG Board of Directors recognized the need to amend and
restate the original OCCOG joint powers agreement to: streamline and make consistent
certain provisions relating to OCCOG between the provisions in the joint powers
agreement and the provisions of the OCCOG bylaws; address updated references to
member agencies and their voting on the OCCOG Board of Directors; add a provision to
establish membership dues for member agencies; clarify the powers and limitations of
OCCOG; and broaden the ability of OCCOG to retain staff and consultants; and,
D. The OCCOG Board of Directors duly conducted a public meeting on the
amended and restated OCCOG joint powers agreement on June 25, 2009 and
unanimously adopted the amended and restated OCCOG joint powers agreement and
authorized the transmittal of said amended and restated joint powers agreement to the
OCCOG Member Agencies for execution by the legislative body of each Member
Agency; and,
Resolution No. 2010-XXX
55D-3 Page 1 of 3
E. In the conduct of its business, the OCCOG has further established bylaws
which govern the effective and efficient conduct of the OCCOG, with the founding
OCCOG bylaws adopted on May 17, 1997; and,
F. The OCCOG has concurrently undertaken a comprehensive assessment
and revision to its adopted bylaws, in consultation with the OCCOG Board Ad Hoc
Bylaws Subcommittee and the Orange County City Managers Association OCCOG
Oversight Committee; and,
G. The OCCOG Board of Directors, at its meeting of June 25, 2009,
reviewed, considered and adopted a comprehensive technical and policy revision to the
OCCOG bylaws to further define the operation of the OCCOG; and,
H. The revised OCCOG bylaws effect such changes as refining OCCOG
board membership and voting provisions, authorizing membership dues; requiring that
OCCOG board members be from dues-paying member agencies in good standing; and
achieving a consistency between the provisions of the OCCOG joint powers agreement
and the OCCOG bylaws; and,
I. The 2009 amendment to the OCCOG bylaws provides a comprehensive
technical and policy revision to the OCCOG bylaws, which are consistent with a 2009
amended and restated OCCOG joint powers agreement.
Section 2. The City of Santa Ana hereby approves the amended and restated
OCCOG joint powers agreement as adopted by the Orange County Council of
Governments on June 25, 2009, a copy of which is on file in the Office of the Clerk of
the Council and incorporated herein by this reference.
Section 3. The City Manager is hereby authorized to execute the amended
and restated OCCOG joint powers agreement, and transmit the signed OCCOG joint
powers agreement to the OCCOG Interim Executive Director.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2010.
Miguel A. Pulido
Mayor
Resolution No. 2010-XXX
Page 2 of 3 55D-4
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2010-XXX
55D-5 Page 3 of 3
55D-6