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HomeMy WebLinkAbout25E - AGMT - MEDIAN LANDSCAPE SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: AGREEMENT WITH MARIPOSA LANDSCAPES, INC., FOR MEDIAN LANDSCAPE MAINTENANCE SERVICES Irr I MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on I" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Mariposa Landscapes, Inc., subject to non-substantive changes approved by the City Manager and City Attorney, to provide median landscape maintenance services for the not-to-exceed amount of $628,160 with an option for two, 2-year extensions. DISCUSSION The Public Works Agency Maintenance Services Division is responsible for the landscape maintenance of all the medians, linear parks, neighborhood entry areas, water reservoir facilities, arterial sidewalk areas citywide and the Regional Transportation Center. Staff released the Request for Proposal (RFP) on April 23, 2013. It was posted on the City's website and advertised in the Orange County Register. Staff held a pre-proposal meeting on May 2, 2013, with 11 landscape maintenance contractors attending. Submittals were due on May 15, 2013, and the City received proposals from four maintenance contractors. The proposals were evaluated by a team comprised of representatives from the Public Works Agency utilizing the following criteria: phasing approach, equipment, employee training program, ability to meet performance on schedule, company experience and reputation, and competiveness of the fees. In addition, staff performed reference checks on all of the proposers and determined that all were highly qualified. All four contractors were invited to the interview phase of the evaluation process. The maximum rating score was 600. The ratings and proposed fees for the four contractors are identified in Table 1: 25E-1 Agreement with Mariposa Landscapes, Inc.-Median Landscape Maintenance Services June 17, 2013 Page 2 TAB LE 1 RANK PROPOSER LOCATION TOTAL RATING % OF PROPOSAL FEE SCORE SCORE 1 Mariposa Landscapes, Irwindale 557 92.8 $548 160 Inc. , 2 Merchants Landscape Santa Ana 443 73.8 $401 970 Services, Inc. , 3 Midori Gardens Santa Ana 433 72.2 $750,204 4 Azteca Landscape Ontario 413 68.8 $842,738 The evaluation committee determined that Mariposa Landscapes, Inc., (Mariposa) was the top proposer. The company received the highest overall rating due to a top-quality proposal presentation and interview, median maintenance implementation plan, fee competitiveness, emphasis on customer service, and overall responsiveness to the RFP. Mariposa has been providing median maintenance services for over 30 years and services 40 cities, including Anaheim, Orange, Mission Viejo, and Placentia. They have committed to concentrating their hiring efforts in Santa Ana first and will continue to utilize Santa Ana vendors for purchasing equipment and materials. Based on the information provided in the proposal and interview, it has been determined that Mariposa Landscapes, Inc., will provide the best quality service at the minimum cost to the City; therefore, it is recommended that the City Council approve the recommended action. The recommended action includes $80,000 for the cost of extraordinary maintenance due to unforeseen vehicle accidents and vandalism to maintenance equipment, median backflows and other similar devices. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Public Works Median Landscaping Fund (Account 02917635-62320), the Water Production and Supply Fund (Account 06017640-62300) and the Santa Ana Regional Transportation Center Operations Fund (Account 06717650-62320). Raul Godinez P.E. Executive Director Public Works Agency RG/DM Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E-2 AGREEMENT FOR LANDSCAPE MAINTENANCE OF STREET MEDIANS AND VARIOUS PUBLIC FACILITIES THIS AGREEMENT, made and entered into this 17th day of June, 2013 by Mariposa Landscapes, Inc. (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 landscape maintenance of street medians and a variety of City owned landscaped areas. 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 in the City's medians, neighborhood entryways, parking lots, sidewalks, utility facilities and other City owned facilities, as set forth in City's Request for Proposals for Providing Median Landscape Maintenance #13-018, Exhibit A, Scope of Services, and Exhibit B - Routine Maintenance Locations, attached to this Agreement and incorporated by reference. 2. REPRESENTATIVES For the purpose of implementing this Agreement, the City' Project Manager shall be the Executive Director of the Public Works Agency, or his designee. Contractor's Project Manager shall be . The parties authorize their respective Project Managers to act in conformance with the terms and conditions set forth in this Agreement. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified Contractor's Proposal Item Pricing, attached hereto as Exhibit C and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $628,160, annually, which includes a contingency of $80,000 for extraordinary maintenance, during the term of this Agreement. b. Invoices 25E-3 i. The Contractor shall submit a monthly invoice by the 15'h day of the month to the Project Manager (PM) for services rendered in the prior month. ii. All invoices for work performed under this contract shall be submitted in a format approved by the PM. In addition to other information requested by the PM, invoices shall include the following information. • Contractor's invoice number • Beginning and ending dates for services • City project number and/or name • Work site address/location • Unit cost, subtotals and total for invoice c. Payment by City shall be made within sixty (60) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. d. Adjustment to Charges The parties may annually agree to an annual adjustment of median landscape maintenance charges (not to exceed 2%) utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be 1) the most recent December Consumer Price Index (CPI) All Urban Consumers for the Los Angeles-Anaheim-Riverside CMSA, published by the United States area; and 2) the December Petroleum Price Index (PPI). The adjustment formula shall be weighted 90% CPI and 10% PPI. Extra Work No additional work of any kind shall be compensated unless such work is completed in compliance with a written estimate which has been approved by the PM in writing prior to the commencement of the work. Contractor shall provide detailed information regarding the scope of Department of Labor Bureau of Labor Statistics, or any relevant successor for the Orange County the extra work and the need therefore. Work performed prior to obtaining written approval shall not be included in the Scope of Work and may not be paid. 4. TERM This Agreement shall commence on the date first written above and continue for a two year term, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for two additional two-year terms, at the option of the City. 5. CONTINUED FUNDING in the event funding not allocated for median landscape maintenance services during the annual budget process, the City shall notify Contractor in writing at least thirty (30) days prior to the end of the current fiscal period that the contract shall terminate on the last day of the current fiscal period. 6. INDEPENDENT CONTRACTOR Contractor 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 25E-4 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. 7. 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. General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and 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 from any act or occurrence arising out of Contractor'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: 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, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured (s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of onsured's 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 shall 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 for 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: (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. 25E-5 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. 8. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims for bodily injury, death or damage to property, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever, which may arise from or in any manner relate to, directly or indirectly, work performed or services provided pursuant to this Agreement, including without limitation, defects in workmanship and/or materials, or Contractor's presence or activities conducted performing the work (including the negligent or willful acts or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors and subcontractors). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation on the amount of indemnification to be provided by the contractor. 9. 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. 10. 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. 11. 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 25E-6 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: and Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Mariposa Landscapes, Inc. 15529 Arrow Highway Irwindale, California 91706 Fax 626-960-8477 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 report 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. 12. 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 written, 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 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. 13. 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 25E-7 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. 14. TERMINATION AND DAMAGES This Agreement may be terminated as follows: a. Material Breach: If the City's Executive Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Executive 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 Executive 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 ten (10) days written notice of termination. In the event of termination for cause, City shall pay Contractor that portion of compensation that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits if terminated for cause. b. City may terminate without cause by providing thirty (30) days written notice to Contractor, as set forth in Section 10, above. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. c. In addition to, or in lieu of, remedies provided herein or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City's PM, the level of service falls below appropriate standards and/or Contractor fails to perform contract services. City shall have the right to retain funds withheld until the City PM determines that contract services have been fully performed. d. Contractor may request termination of the Agreement when conditions during the Agreement period make it impossible to perform or when prevented from proceeding by act of God, law, or official action of a public authority, or in the event of nonpayment by City. Contractor shall provide City with ninety (90) days written notice of request to terminate. Notwithstanding the foregoing, Contractor may provide thirty (30) day written notice of termination for nonpayment by City. 15. FAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that, if the Contractor fails to perform the work as specified herein, the City will only pay for the service actually received, as determined by the Director, with an appropriate downward adjustment in contract 25E-8 price. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. Additionally, the Director may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. B. The Director may make a billing adjustment in monthly payments for insufficiencies in service rendered by the Contractor. Billing adjustments for this unsatisfactory service may be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein. C. If the Contractor performs the work in such a manner that the amount of payment withheld due to sub-standard performance, non-performance and forfeiture for non- completion per schedule totals five (5) percent of the total contract price, the City will put the Contractor under notice of non-compliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, non-performance and forfeiture for non- completion per schedule totals ten (10) percent of the total contract price, the contract is subject to cancellation at the City's option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued by changing contractors. 16. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the contractor fail to correct deficiencies or public nuisances that have been created because of his operation, then these will be considered to be of an emergency nature and cause the City to make the corrective work. Such work will be done on a force account basis with an additional callout charge of $200.00 for each callout. Said charges will be billed to Contractor and deducted from Contractor's most recent pending invoice. 17. 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 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 all applicable federal, state and local laws and regulations 18. 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 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. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, including but not limited to State License C-27 and a City of Santa Ana Business License, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder 25E-9 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. 20. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. 21. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 22. UNDERGROUND SERVICE ALERT (USA) Underground Alert Systems must be notified 48-hours in advance prior to commencing work that involves digging underground. This notification is required for each location. The telephone number is 1-800-422-4133. 23. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately reported to the Public Works Agency. 24. UTILITIES Any Damage to utility lines that occurs shall be immediately reported to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. 25. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property, the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. 26. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's expense. 25E-10 27. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH Handbook, the Contractor will contact the Director for approval. . 28. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for Routine and/or Extraordinary maintenance of this contract. Signs used for handling traffic during the course of this contract shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and/or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 29. APPRENTICESHIP STANDARDS Where required under law, the prime contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 30. PAYROLL RECORDS Section 1776, Chapter 1 of Division 2, of the California Labor Code, relating to apprentices on Public Works, requires that each contractor and subcontractor keep an accurate payroll, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and each week, and the actual per diem wages paid each journeyman, apprentice or worker employed by him. The payroll shall be made available to the employee or this authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards. Pursuant to Labor Code S1778.8, the Contractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with applicable collective bargaining agreements filed with the Department of Industrial Relations. 31. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind its 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. 25E-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II, P.E. Executive Director, Public Works Agency MARIPOSA LANDSCAPES, INC. President 25E-12 EXHIBIT A LANDSCAPE MAINTENANCE SCOPE OF SERVICES Contractors shall provide landscape maintenance at the routine maintenance locations listed in Exhibit B. At the discretion of the Projects Manager one or more optional add- on locations and specialized services may be included in the agreement with contractor. In addition, the City at the discretion of the Projects Manager, reserves the right to decrease the scope of work during the duration of the agreement. 1. FUNCTIONS AND RESPONSIBILITIES A. PROJECTS MANAGER The Projects Manager shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be sub-standard, he/she may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay to be assessed; (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 from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. The Projects Manager or designee shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR (1) Contractor's Office Contractor is required to maintain an office/yard within a thirty (30) minute response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or cell phone. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on-site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. (2) Submittals The Contractor shall submit to the Projects Manager or designee at the beginning of work, 1) a detailed job schedule, 2) time sheet, 3) names and titles of all persons working on the project, and 4) materials and/or chemicals to be used on the project for approval. 25E-13 All submittals shall be periodically updated as necessary. The Projects Manager or designee shall be immediately notified of any deviation from schedule or material usage. Contractor shall provide sufficient personnel to accomplish the work within the allotted time frames as indicated in this specification. (3) Uniforms/Identification The Contractor shall provide to all field personnel a standard uniform with company identification. All vehicles and equipment on the project site shall also be properly marked with company identification. (4) Licenses and Permits The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C-27 and a City of Santa Ana Business License. (5) Equipment 1. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification on the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. 2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. 3. The Contractor shall provide all personnel, vehicles, supplies and equipment necessary to perform services. (6) Compliance with Applicable Laws and Regulations 1. Contractor shall perform all requirements under and in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. (7) Contractor shall provide sufficient personnel to accomplish the work within the allotted time frames as indicated in this specification. 25E-14 SCOPE OF WORK The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites, herein described, and that such sites be kept in a healthy, weed-free, vigorous, and well-kept state at all times. The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, fertilizers, insecticides, rodenticides, chemicals and other items needed to do landscape maintenance work as directed herein. The Contractor shall provide complete landscape maintenance at all work sites, including, but not limited to pruning, structural shaping of young 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; and other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in good condition with horticulturally accepted standards for growth, color, and appearance. (Horticulturally accepted standards shall be determined by the Projects Manager or designee.) Description of Proiect Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but no limited to, the following: • Weeding, cultivating and brush control both mechanically and with chemicals • Fertilizing • Shrub and groundcover trimming, pruning, training • Minor tree pruning and staking of trees under 12 feet in height • Irrigation programming, monitoring, maintenance, and repair • General rodent, pest and disease control on landscape planting and turf • Mowing and verticutting • General litter control, refuse removal, and grounds policing • Plant replacement • Hardscape cleaning • Access roadway clearance and visibility maintenance • General drainage structure and system maintenance 25E-15 • Reporting for vandalism, graffiti, or any safety concerns • Vandalism • Damage resulting from vehicular accidents • Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid Schedules A. SCHEDULING OF WORK 1) The Contractor shall accomplish all routine landscape maintenance required under this contract between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The Projects Manager or designee may grant, on an individual basis, permission to perform maintenance at other hours. No maintenance functions that generate excess noise, which would cause annoyance to residents of any area, shall be commenced before 8:00 a.m. No Saturday or Sunday work is to be scheduled without permission from the Projects Manager or designee, unless it is an emergency situation. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the Projects Manager or designee prior to the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing to the Projects Manager or designee immediately. Routine maintenance Locations shall not be interrupted/not completed as schedule without prior approval of the Projects Manager or designee. 2) The Contractor shall conduct the work at all times in a manner which will not interfere with pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. In addition, a special notification listing exact starting date for renovation, pruning and other infrequent operations, shall be furnished to the Projects Manager or designee at least five (5) working days in advance of performing these operations. B. PRICING APPROACH The City of Santa Ana intends to award a contract based on a fixed annual contract price for the two-year term of this contract, renewable annually based on performance at the City's sole discretion. The primary purpose of the Unit Prices (Exhibit C) proposal is to provide for additional contracted work or remove contracted work during the course of the contract and to establish clear payment deductions for contract duties not rendered or not satisfactorily performed. C. LEVEL OF MAINTENANCE 25E-16 All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the contractor and the City. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week or month. Payment will be retained for work not performed until such time as the work is performed to City standards. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. D. QUALITY OF WORK AND MATERIAL All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accord with the best standard practices. Both materials and workmanship shall be subject to the approval of the Projects Manager or designee. All materials used shall be approved in advance by the Projects Manager or designee. The actual cost of all materials passed on to the City shall be wholesale cost of the materials. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discounts available. Receipts shall be required for reimbursements. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates. • Typical costs of the irrigation parts, plant material, etc. to be submitted to the City prior to approval. The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply: • Contractor shall conform to all City practices and procedures. 25E-17 • All City purchases will be for the sole expressed use of and for the City. The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the Citv upon request. • The Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. E. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Santa Ana's Projects Manager or designee. There shall be a weekly meeting with the Contractor and the Projects Manager or designee to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first of each month. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications. F. WORKMANSHIP AND SUPERVISION Work shall be performed by competent and experienced workers. All irrigation maintenance and repairs shall be monitored by a California Landscape Contractors Association, Certified Landscape Technician-I (Irrigation). The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and lead workers must communicate effectively, both in written and oral English, and shall be present at all times during contract operations. Any order given to these supervisors or lead workers shall be deemed as delivered to the Contractor. All pesticide operations, where required, shall be performed by a California State Licensed pest control operator through written recommendation by a California State Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. All personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Projects Manager or designee. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests. 25E-18 Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days' notice from the City. G. PROVISIONS FOR EXTRAS No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. H. SAFETY REQUIREMENT All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Projects Manager or designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a "W.A.T.C.H." work area traffic control manual at all times. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the Projects Manager or designee. STREET CLOSURES, DETOURS BARRICADES Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. SCHEDULES Annual Schedule The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 25E-19 • The Contractor shall complete the schedule for each site in a manner which shall correspond to the weekly schedules. K. • The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Weekly Schedule • Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the accomplishment by day of the week. • The Contractor shall complete the schedule for each item of work and each area of work. • Changes to the schedule shall be received by the Projects Manager or designee at least twenty-four (24) hours prior to the scheduled time for the work. • Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week, or month. • The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. Daily Schedule • Daily completed performance sheet shall be emailed or delivered to the Projects Manager or designee before 4:00 p.m. each work day. • It shall list site locations and completion of each and notes for Projects Manager or designee. Changes to daily schedule can be made verbally or by email to the Projects Manager or designee. PERFORMANCE ON SCHEDULE The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. 25E-20 Therefore, all work shall be completed on the scheduled day, as shown on the weekly and daily schedules. L. PERFORMANCE DURING INCLEMENT WEATHER During periods of storms, Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. Contractor shall submit a report identifying any storm damage to the Projects Manager or designee attached to a site map identifying location of damage and cost estimate to repair/replace. If remedial work is required beyond the scope of this contract, it shall be considered as extraordinary work. During periods of inclement weather, i.e. rain/wind; Contractor's workforce shall accomplish work not affected by such weather, i.e. litter pick up/spent blossom removal, preventative maintenance, etc. 1) Contractor shall stake and re-tie trees as required. 2) Drains shall be checked and cleaned as necessary. 3) Contractor shall remove all branches and debris resulting from inclement weather. 4) Contractor may be required to perform additional clean-up tasks due to inclement weather. 5) Failure to adjust work force to show good work progress shall result in a penalty of $300.00. M. WORK FORCE 1) The Contractor shall insure that all work under this agreement is supervised by Contractor employed supervisory personnel who are technically qualified and possess management skills required to implement modern methods and newly developed horticultural procedures. The Contractor shall provide for the on-site services of a landscape maintenance expert, acceptable to the City, with an extensive background in Ornamental Horticulture, for a minimum of four (4) hours per month. The Ornamental Horticulturist shall accompany Projects Manager or designee on an inspection tour for evaluation of the Contractor's work performance every month. 2) The Contractor shall insure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by the Contractor. 3) The Contractor shall be responsible for the skills, methods, appearance and action of Contractor's employees and for all work 25E-21 done. The Contractor's employees shall be U.S. Citizens and/or legal residents. 4) The Contractor shall perform the work provided for in this contract under the direction of the Projects Manager or designee. The Projects Manager or designee may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. N. MATERIAL 1) The Contractor shall submit a list to the Projects Manager or designee of all materials that the Contractor proposes to use in the execution of this work. The list shall include the chemical analysis, recommended usage and any other pertinent data by the manufacturer of material. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements. 2) The following shall apply to the material indicated: a. Fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potassium to keep lawns, trees, shrubs, and other plants in a healthy and vigorous growing condition. b. Insecticides, fungicides, herbicides, and rodenticides shall be of the best quality obtainable, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. C. Tree stakes, tree ties and guy wires shall be of materials matching those existing in the work site or as specified by the Projects Manager or designee. d. Replacement trees, shrubs, ground cover, and other plants shall be of a size, condition and variety specified by the Projects Manager or designee. e. Replacement plant materials may be inspected by the Projects Manager or designee prior to planting. d. The Projects Manager or designee shall determine replacement lawn sod. 0. RECYCLING 25E-22 All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be taken to the landfill. The names and addresses of the licensed green-waste composting or processing companies, and haulers, along with the tonnages used and receipts, shall be provided to the Projects Manager or designee in a monthly written report and an annual written report. P. DISPOSAL At least 100% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. Contractor shall dispose of all trash and debris. Contractor shall dispose of all landscape debris through a landscape material recycling center such as Tierra Verde Industries. Contractor shall not dispose of landscape debris in a landfill without prior approval from the Projects Manager or designee. Contractor shall pay all disposal fees and submit a copy of receipt as part of the landscape monthly reports. At no time is the Contractor permitted to use City dumpsters. Q. RECORDS The Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The Contractor shall complete a daily maintenance report indicating work performed and submit this completed report to the Projects Manager or designee daily. The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the Projects Manager or designee. This maintenance calendar shall clearly indicate all of the landscape maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Projects Manager or designee for approval prior to the date the changes are to take effect. The Contractor shall permit the City to inspect and audit its books and records regarding City-provided services, including requests for certified payroll of employees assigned to the City, only at any reasonable time. 25E-23 R. EMERGENCY SERVICES The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. S. SPECIALTY OPERATIONS Written notification of all "specialty type" maintenance operations shall be given to the City forty-eight (48) hours PRIOR to each of these operations by the Contractor. "Specialty type" maintenance operations are defined as: fertilization, turf aerification, turf dethatching, seeding, preventive and curative application of fungicide, herbicide or any required pesticide applications, water truck operations, mulch applications and plant replacements. T. UNDERGROUND EXCAVATIONS Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the Projects Manager or designee and Underground Service Alert (811) 48 hours before commencing any excavation, to locate underground service lines. III. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed on all work sites listed in Exhibit AJB. A. TURF CARE 1) Mowing a. All turf shall be mowed weekly with mulching mowers. Subject to the approval of the Projects Manager or designee, the contractor may reduce the mowing frequency to biweekly during periods of rain or prolonged cold. All grass clippings shall be left in place with the exception of large accumulations, which shall be collected and removed after each mowing. All roadways adjacent to work areas shall be kept clean at all times. b. All turf shall be cut to a height appropriate for the type of grass being mowed. Mowers shall be maintained in optimum condition with sharp blades to provide a smooth, even cut without tearing of the leaf blades. 25E-24 C. Turf shall only be mowed after two (2) consecutive non- watering days and/or as directed by the Projects Manager or designee. d. Any and all signs found on the Medians or on trees shall be removed, including but not limited to political, garage sale, lost and found, etc. e. All litter/debris shall be picked up prior to mowing. All turf and hardscape areas shall be free of turf clippings, plant debris and trash at the end of the scheduled mow day. 2) Edging and Detailing All turf shall be edged with bladetrimmer adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained as if the turf area abuts a shrub bed or property line. Edging and detailing shall be performed weekly, or more frequently, if desired by the Projects Manager or designee. Following each edging, all edging debris shall be removed. 3) 2. Turf shall be mechanically edged during the mowing of each week. The edging along sidewalks, curbing and other concrete shall be performed with a blade type edger. Sidewalks and other hard surfaces shall be properly cleaned after each edging including grass stains or marks made as a result of the mowing process. 3. All turf growing adjacent to irrigation hardware, tree trunks, or any other landscape amenity shall be neatly detailed by string trimmer and/or chemicals to twelve (12) inches in all directions of said objects. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phototoxicity become recognizable. b. Any damage, as determined by the Projects Manager or designee, caused to irrigation components, sprinklers, valves, etc., or plant material by edging equipment and/or mowers shall be replaced by the Contractor at Contractor's expense. Fertilization Lawns shall be fertilized four (4) times annually with a "complete fertilizer". Fertilize two (2) times per year during the months of December and February using 22-3-9 at the rate of five pounds (5 25E-25 lbs.) per 1000 square feet or approved equivalent program. During the months of June and October fertilize with 16-6-8 at the rate of six pounds (6 lbs.) per 1000 square feet four (4) times per year, or approved equivalent program. a. Due to the broad geographical area of the contract, the City may from time to time adjust or change the fertilization specifications contained herein as a result of consultation with Contractor or recommendations of a horticultural soils and plant laboratory report for each site. b. All fertilization shall be included with the landscape maintenance of each contract area. Contractor shall supply and transport all required fertilizers and include costs in the bid to the City. 4) Watering a. Turf areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. b. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the turf area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the turf area. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering. d. Turf areas shall not be maintained in an over watered and/or saturated condition. e. Contractor shall respond immediately to signs of turf stress. Turf lost due to stress shall be deemed contractor negligence, as determined by the Projects Manager or designee, and replaced at Contractor's expense. g. Trimming of grass around the trees in the turf area shall be performed during the mowing of each week in such a manner as to avoid damage to the tree trunk. h. Contractor shall develop and maintain a program to ensure that all turf is maintained free of fungus, insect infestations and/or turf diseases at all times. 25E-26 Damaged and/or bare spots in turf shall be immediately repaired at the time of detection. The tree guards shall be maintained in place around the trunk of each canopy tree at all times to eliminate tree damage by string trimmers, mowers, etc. Trees damaged by Contractor shall be immediately replaced at Contractor's expense. 5) Dethatching a. Turf areas shall be dethatched once per year between September and October or as directed by the Projects Manager or designee. b. Dethatching shall be accomplished by use of a "vertical type" dethatch machine. c. Contractor shall flag all irrigation sprinklers prior to commencement of work. d. All thatch and debris shall be immediately removed upon completion at Contractor's expense. 6) Overseeding Each year, all turf areas shall be overseeded with Eagle Blend or equivalent perennial rye grass at the minimum rate of seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care taken to not broadcast in non-turf area. Dethatching and/or deep scalping of the turf may be required as directed by the Projects Manager or designee. Seeds shall be guaranteed free of disease, pests, or other foreign grasses or weeds. 7) Pre-Emergent a. The Contractor shall apply an approved pre-emergent herbicide to all turf areas a minimum of one (1) time per year and/or as directed by the Projects Manager or designee for control of all types of weeds. At no time shall weeds be allowed to remain in turf areas. b. Contractor shall flag all irrigation sprinklers prior to commencement of work complete. C. Damage because of rodent activity shall be repaired at Contractor's expense. 8) Weed Control of Paved/Hard Surfaces 25E-27 Contractor shall control all weeds growing in cracks, expansion joints and other hard surfaces adjacent to the landscape area by the use of chemical weed control to include long narrow median noses, cracks in sidewalks/curbs/gutters, etc. Contractor shall develop and maintain a broadleaf weed control program that will ensure that all turf is maintained in a weed-free condition at all times. 9) Litter pickup/hardscape cleaning a. Contractor shall provide litter pickup to all landscaped areas weekly. b. The hardscape areas adjacent to the landscape, i.e. sidewalks and concrete in the medians, shall be cleaned of leaves, paper, dirt, animal feces, and other debris in conjunction with litter pickup. c. At no time will this debris be blown into the street, storm drains, and/or onto private property. d. All litter shall be removed from the turf prior to each mowing. 10) Replanting a. The Contractor shall re-sod all turf lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the Projects Manager or designee, at no additional cost to the City. b. At no time shall ridges or depressions caused from contractor equipment on over watered and/or saturated ground, as determined by the Projects Manager or designee, be permitted in the median or turf areas. This shall be deemed Contractor negligence. Contractor shall remove and replace with new turf at no additional cost to the City. B. GROUND COVER CARE 1) Edging and Detailing a. Ground cover beds shall be maintained within their intended bounds, edged and/or detailed every week. Maintain a 12" clearance between different plant material. b. Ground covers shall not be permitted to encroach into lawns, shrubs, adjacent desirable bare areas, wall fixtures, furniture, other ground cover areas, etc. All sites shall be 25E-28 cleaned following each edging/detailing, including streets and sidewalks (when applicable). 2) Fertilization All ground cover beds shall be fertilized using a complete or approved fertilizer (such as 16-6-8 Turf Supreme) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the Projects Manager or designee. Advanced notice shall be given to the Projects Manager or designee prior to performing this task. 3) Renovation Ground cover beds shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the Projects Manager or designee. Infill planting of bare groundcover areas shall be replanted in the months of March through June with flats of the same species one time per year as part of routine maintenance at no additional cost to the City. 4) Cultivation and Mulch All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. 5) Replanting The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or to Contractor's faulty maintenance or negligence, as determined by the Projects Manager or designee, at no additional cost to the City. Contractor shall control weeds by keeping all planters, shrubs and ground cover areas free of visible weeds at all times. Where ground cover grows under pine trees, the Contractor shall use a combination of techniques (raking and blowing) to prevent the build-up of needles from forming on the ground cover. Ground cover plants shall be added, as needed, to ensure a solid mass planting in conformance with the original intent at no cost to the City. C. SHRUB CARE 25E-29 Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacements of shrubs will be approved by Projects Manager or designee. Wall vines adjacent to and coming from City landscapes are a part of the maintenance of this contract. Wall vines shall be kept trimmed approximately four (4) inches from the wall and eight (8) inches below the top of the wall. Where wall vines have been allowed to grow over the top of the wall, the Contractor shall keep wall vines trimmed down to the top of the wall. Wall vines may require trimming two or more times per month during the growing season. 1) Pruning All shrubs growing in the work areas shall be pruned as required, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, view of signs or in any manner deemed objectionable by the Projects Manager or designee. Dead or damaged limbs or branches shall be cleaned out and removed with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging may be required on some shrubs, as designated by the Projects Manager or designee. Shear hedging or severe pruning of plants, unless authorized by the Projects Manager or designee, shall not be permitted. Should the Contractor shear hedges 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 determined by the Projects Manager or designee. The Contractor may be requested from time to time to raise the bottom or lower the tops of the shrubs for security reasons. This shall be considered routine maintenance and performed at no extra cost to the City. 2) Fertilization All shrubs shall be fertilized using a complete fertilizer (such as 16-6-8) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the Projects Manager or designee. Advanced notice shall be given the Projects Manager or designee prior to performing this task. 3) Renovation Shrubs shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and 25E-30 at such other times when directed by the Projects Manager or designee. Infill planting of bare shrub areas shall be replanted in the months of March through June with plant material of the same species one time per year as part of routine maintenance at no additional cost to the City. 4) Watering a. All shrubs shall be properly irrigated to maintain a healthy condition. Shrub areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shrub areas shall be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. b. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the shrub area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the shrub. C. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering. d. Shrub areas shall not be maintained in an over watered and/or saturated condition. e. Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the Projects Manager or designee, and replaced at Contractor's expense. 5) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the Projects Manager or designee, at no additional cost to the City. 6) Cultivation and Mulch a. All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. 25E-31 b. Shrubs shall be pruned as required to ensure clear vehicular and pedestrian visibility and clearance. Remove broken or diseased branches and provide general containment and good appearance. c. Plant material encroaching onto or from City property shall be trimmed back to property line at City's discretion depending on circumstance, i.e. plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line. d. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use, i.e. vines not growing into other plants, etc. Coordinate with Projects Manager or designee. e. Continuously remove any spent blossoms or dead flower stocks, as required, to present a neat, clean appearance. Plants growing over curbing and/or sidewalks shall be maintained even with the edge of the sidewalk or curb and be trimmed on a natural taper rather than vertical, so as not to appear to be hedged. g. Schedule the application of a complete fertilizer with an analysis of 15-15-15 at the rate of six (6) pounds per 1000 square feet as often as required, but no less than three times per year, to promote optimum growth and healthy appearance to all shrubs. h. Ailing or stunted shrubs shall be removed at time of discovery and replaced in kind within five (5) working days. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients within three (3) working days of discovery. Contractor shall replace shrub failure that is determined to be due to Contractor's neglect or improper treatment at his expense. D TREE CARE Note: All trees up to 9 inch DBH (Diameter at Breast Height) are included in routine maintenance. 1) Pruning All trees within the scope of work shall be maintained to keep the natural integrity and shape of the trees. This work shall be accomplished in a manner, which will ensure that each individual tree is pruned per American National Standards Institute (ANSI) standards, per ANSI A300 Part 1, 2008 pruning standard and the ASNI Z133.1 as outlined in the City of Santa Ana Tree Pruning 25E-32 and Stump Removal Specifications are to be followed. All work shall be of the highest quality as outlined under the City of Santa Ana Tree Pruning and Stump Removal Specifications. In addition, the Contractor shall remove or prevent encroachment where it blocks vision or is considered undesirable by the Projects Manager or designee. Low branches overhanging sidewalks shall be removed to a height of seven (7) feet above grade. Trees in medians shall be maintained with 14' minimum roadway clearance. Young trees needing pruning, training, and shaping to develop and maintain a dominant leader from which smaller primary branches arise that are radially and vertically spaced along the trunk. From time to time the contractor may be asked to raise the canopy of the trees for security reasons and this shall be considered routine maintenance. 2) Staking, Tying and Guying All trees under 4" DBH requiring staking shall be securely staked at all times with approved stakes and rubber VIT ties. Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Projects Manager or designee. 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. 3) Fertilization All trees shall be fertilized using a complete or approved fertilizer a minimum of one (1) time per year. 4) Watering a. All trees shall be properly irrigated to maintain a healthy condition. b. Trees shall not be maintained in an over watered and/or saturated condition. 5) General Requirements The Contractor shall bring to the attention of the Projects Manager or designee within twenty-four (24) hours any tree- displaying root heaving or girdling (either by roots or a foreign material, leaning, broken or hanging limbs, or any other reason posing a potential safety hazard.) Any safety hazard present now shall be reported immediately. 6) Replanting 25E-33 a. The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to normal attrition, or to the Contractor's faulty maintenance or negligence, including but not limited to girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations as determined by the Projects Manager or designee. b. Replacement shall be made by the Contractor in the kind and size of trees determined by the Projects Manager or designee. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the Projects Manager or designee using the latest American Shade Tree Conference guidelines for value determination. 7) Reporting a. An annual report shall be provided by an ISA Certified Arborist, by January 30th of each year, on the overall condition and health of all trees under the scope of this contract. Specific trees in need of additional care or removal shall be identified by species location and/or address. b. The Contractor shall provide an annual report identifying the location, address and species of tree vacancies. E. WEEDS, DISEASE, AND PEST CONTROL Weed Control a. All landscape and hardscape areas within the specified scope of work (including, but not limited to, turf, shrub and ground cover, planters, tree wells, ornamental bark or rock areas, sidewalk, asphalt or concrete areas) shall be kept free of weeds and foreign grasses at all times. The complete removal of all weed growth shall be accomplished on a continuing basis. Weeds shall be controlled by hand and approved mechanical or chemical methods. b. The transferring of weeds or disease from one infected turf, plant or tree to another turf, plant or tree through improper or faulty maintenance shall be considered 25E-34 Contractor negligence, as determined by the Projects Manager or designee. Such negligence includes but is not limited to, non-cleaning or non-disinfecting of tools or equipment and for not isolating the infected area. ii. All affected turf, plant, or tree shall be replaced by Contractor at no cost to the City. 2 Disease and Pest Control a. The Contractor shall regularly inspect all landscaped areas for presence of disease, insect or rodent infestation. The Contractor shall advise the Projects Manager or designee within forty eight (48) hours of when disease, insect or rodent infestation is found, and the action to be taken. Upon approval of the Projects Manager or designee, the Contractor shall implement approved control measures, following all Federal, State, County, and municipal laws, regulations and ordinances required for the approved work. b. Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the Projects Manager or designee. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor. c. Any plant, turf or tree material which dies without the Contractor's Horticulturist and/or ISA certified Arborists diagnosing the plant, turf or tree and implementing efforts to save the plant, turf or tree will be considered Contractor negligence and shall be replaced by Contractor at no cost to the City. d. Contractor shall provide complete and continuous pest control and/or eradication of all pests or diseases in accordance with the specifications contained herein. e. Plant materials severely damaged by pests or diseases will be replaced at Contractor's expense. Weed Control: Contractor shall continuously control weeds at all sites with both pre and post-emergent chemical control. It is intended that all sites will be practically weed-free through this process. Weeds determined by the Projects Manager or designee to be objectionable shall result in a penalty assessed against Contractor for each affected site. Contractor shall 25E-35 provide the same weed control in cracks, expansion joints and other small openings in the sidewalk/curb area within fifteen (15) feet of each tree well. F. IRRIGATION SYSTEM MAINTENANCE General Responsibilities a. Irrigation shall be done by the use of automatic or mechanical sprinkler systems, where available and operable, or manually; however, failure and/or damage of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the contract work site. b. Newly planted trees, shrubs, ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. c. Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the Projects Manager or designee. d. Contractor shall vacuum all irrigation cabinets and controllers, both inside and outside, and maintain in a thoroughly clean condition at all times. 2. Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required as part of this contract, the Contractor shall: a. Not duplicate any coded City key furnished by the Public Works Agency for access and operation of the controller. b. Surrender all keys furnished by the Public Works Agency at the end of the contract period, or at any time deemed necessary by the Projects Manager or designee. C. Protect the security of City property by keeping controller cabinets and building doors locked at all times 25E-36 d. Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the Projects Manager or designee. e. Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. 3. Water Conservation The Contractor shall turn off irrigation system during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of horticulturally acceptable maintenance practices as determined by the Projects Manager or designee. When the Projects Manager or designee acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. After 24 hours, the Projects Manager or designee at his discretion may elect to activate the controllers with City forces and deduct estimated time plus overhead from the Contractor's monthly invoice. 4. Inspection and Reporting a. The Contractor shall physically inspect (by manual or semi-automatically running the Controller) the operation of all systems weekly. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments are necessary, including but not limited to, adjustment of heads or inserts, or replacing of inserts, etc., to prevent excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation over spray/runoff. b. A visual inspection of all irrigated areas shall occur, more often, but not less than one (1) time per week. All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. c. Contractor shall submit a monthly irrigation report to the Projects Manager or designee. The report shall be of the format required by the Projects Manager or designee and shall include, but not be limited to, controller location, address, type of controller, number 25E-37 of stations, schedule, and run times for each station, turf, ground cover or shrub irrigation, condition of site, and repairs made for each station. d. Contractor shall maintain a log at each controller location. e. Contractor shall provide efficient use of water at all times. The controllers shall be programmed and monitored to maintain adequate moisture, optimal for growth and appearance, while eliminating excessive runoff. Adequate soil moisture shall be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices, and programming irrigation controllers accordingly. Considerations must be given to soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, runoff, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of plant and root structure. Contractor shall be responsible for and bear the cost of service and repair to all irrigation components from the remote control valve, downstream (including the remote control valve). The responsibility includes, but is not limited to, the remote control valve, flow sensors, lateral lines, fittings, risers, all sprinkler heads, and drip irrigation components. g. Monitoring Systems: Contractor shall weekly inspect the irrigation systems for broken and clogged heads, malfunctioning or leaking valves, or any other condition, which hampers the correct operation of the system. Authorization must be obtained from the Project Manager or designee before proceeding with work not covered under normal maintenance work and the malfunctioning sprinkler system area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the Project Manager or designee's satisfaction. Each irrigation controller(s) and system shall be checked weekly for proper water scheduling and coverage. Make all necessary adjustments to heads, which throw onto roadways, walkways, windows, or out of intended area of coverage. Contractor shall clean and adjust sprinkler heads as needed for proper coverage. Each system shall be manually operated at the irrigation controller and observed on a bi-monthly basis. Controllers shall be programmed to water during nighttime hours between approximately midnight and 25E-38 7:00 a.m. No watering shall occur during the daytime unless associated with irrigation check/repairs or with prior approval by the Projects Manager or designee. h. Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. This is to include diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backflow devices, moisture sensors, master valves, and electric pedestals. Contractor shall maintain an adequate stock of medium and high usage items for repair of all irrigation systems. Note: Contractor has the responsibility to adequately diagnose problems and take corrective action as called for in the contract specifications. Should the City be called upon to diagnose an irrigation problem that is Contractors responsibility, the City's labor and material cost incurred will be deducted from the monthly payment to Contractor. Automatic controllers and/or enclosures shall be locked while unattended. All controller enclosures must be painted in approved colors, as needed, to prevent rusting and maintain good appearance. System Maintenance: Once a year during the month of March, Contractor shall wipe down the equipment in the irrigation controller cabinet to remove all dust and dirt, clean all electrical connections, install bait traps for control of ants, replace batteries as required, clean and remove intruding soil in valve boxes and replace gravel, as originally specified. All hinges and locks shall be regularly oiled to ensure trouble free operation. m. Sprinkler heads shall be kept clear of overgrowth that may obstruct maximum operation. n. Repairs made to the irrigation system must be made in accordance with the system's original design with products equal to or higher quality than currently provided. Workmanship shall be performed in accordance with industry standards. o. Contractor shall be responsible for regular monitoring of all systems and correcting for: coverage, 25E-39 adjustment, and clogging of lines and other sprinkler components. p. All irrigation systems shall be inspected and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve. A written irrigation tracking sheet indicating the system location, date inspected, and watering schedule shall be submitted to the Projects Manager or designee at the end of each week. q. Contractor shall observe and note deficiencies occurring from the original design of facilities and review these findings with the Projects Manager or designee so necessary improvements can be considered. r. All leaking or defective piping, valves, or other system components shall be repaired within twenty-four (24) hours of detection. s. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for greatest potential runoff, which can contribute to erosion. t. Contractor shall turn off controllers when adequate rainfall is anticipated. u. In the event of irrigation system failure, manual watering required to keep the plant material in a vigorous, healthy condition is to be provided by Contractor at no additional cost to the City. v. At no time shall Contractor utilize a fire hydrant for irrigation purposes without written authorization by Projects Manager or designee. w. Contractor will keep system in operation by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressure. This shall be accomplished by valve throttling pressure gauging. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. The Projects Manager or designee may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. x. All valve boxes, controllers, and backflow devices shall be kept clear of plant growth. 25E-40 y. Contractor shall be responsible for periodic inspection of surface drains located within the landscaped areas. These drains shall be checked to assure proper functioning. Remove any debris or vegetation that might accumulate at the inlet and prevent proper flow of water. z. Any erosion damage because of Contractor's failure to keep the surface drains clear shall be repaired at Contractor's expense. G. SANTA ANA REGIONAL TRANSPORATION CENTER (SARTC) The Contractor shall provide complete landscape maintenance, 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 and removing organic waste material at the SARTC. Contractor will perform the following special landscape maintenance at the SARTC; 1) Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three (3) times per years (first week of January, May and September) detailed in "Annual Color Planting and Maintenance Specification", below. a. 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 Contractor must be prepared to incorporate the 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 tiled to an 8" depth. Apply 1.5 pounds of nitrogen per 100 sq. ft. as a complete low nitrogen material with aeration 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 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 25E-41 out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plants material (deeper for larger pots). b. Plants are to be rotated three times a year and must be kept disease free and healthy on a consistent basis. There shall be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants must be 4" pot size 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 as approved by the Projects Manager or designee: Spring/Summer - 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 replant/replace missing/damaged plants within 48 hours as part of routine maintenance. The Projects Manager or designee shall be the sole judge of whether above specifications are met. The Projects Manager or designee shall also approve the types and combination of color bedding plants prior to installation. 2) All Turf at the SARTC shall be considered priority turf, for turf care purposes. 3) 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. The Contractor shall inspect four times a week all landscaped areas (turf, trees, 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. H. GENERAL MAINTENANCE AND CLEAN-UP a. The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris, and posted signs at all work sites and dispose of same in a lawful manner per contract requirements at the Contractor's expense. 25E-42 b. All trash and debris shall be removed from all worksites a minimum of one (1) time per week. C. 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, or prevent plants from being smothered by seasonal leaf drop at least weekly or as directed by Projects Manager or designee. d. After heavy windstorms, the entire contract area shall be cleaned of litter, fallen branches, etc. Contractor shall respond to calls from Projects Manager or designee immediately. Contractor shall patrol all areas during heavy windstorms for trees down, fallen branches, hanging branches, debris, and other potential hazards. e. The Contractor shall keep sidewalks and all paved areas in the medians and under overpasses swept and cleaned of any debris, weeds, dirt or soil. Tree wells shall be maintained weed free. OTHER REQUIREMENTS 1) Replacement of Plant Material a. The Contractor shall notify the Projects Manager or designee within forty eight (48) hours of the loss of plant material due to any cause. b. The Contractor shall remove shrub, turf or ground cover, which is damaged or lost due to any cause at no cost to the City. The size and species of replacement shrubs, turf or ground cover plants shall be as directed by the Projects Manager or designee. C. In order to ensure maximum healthy growth and overall aesthetic appearance of planting in the work area, it may be desirable to replace certain plants. The necessity or desirability of such plant replacement shall be determined by the Projects Manager or designee. d. The Contractor shall replace, at Contractor's own expense, any turf, ground cover, shrubs, or other plant material requiring replacement through normal attrition or due to infestation or to negligence resulting from Contractor's failure to provide maintenance in accordance with the provisions of this agreement. It is the intention of the City to require a high level of quality in landscape maintenance compatible with standard practice as determined by the Projects Manager or designee. 25E-43 2) 3) 4) 5) 6) New Construction Where new construction or redevelopment may involve a significant part of a work site, the Projects Manager or designee may delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period. 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. Inspection The Projects Manager or designee shall weekly inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor's supervisor of the duty to provide continuous inspection of the work area. Contractor shall provide a dedicated supervisor to Santa Ana for this contract. Discrepancies and deficiencies in the work shall be corrected by the Contractor immediately. The City expects a high level of service and maintenance. New Maintenance Areas Additional routine maintenance may be added to this contract. Payment for add-on maintenance shall be computed on a square foot cost per contract bid prices. Arterial Sidewalk Maintenance Contractor shall remove all weeds in the sidewalk and tree well areas, remove sucker growth on parkway and sidewalk trees, trim vines along walls so as not to allow plant material to impede pedestrian traffic or grow onto sidewalk areas, and remove any debris and trash weekly. Contractor shall spray a pre-emergent to discourage future weed growth. Additional arterial sidewalk maintenance may be added to this contract. Payment for add-on maintenance shall be computed on a lineal foot cost per contract bid prices. Damage Repair All damage incurred by the Contractor's operations shall be repaired or replaced in kind and size at the Contractor's expense. 2. Irrigation repairs shall be completed within twenty-four (24) hours using approved materials. 3. Non-irrigation repairs shall be completed within seven (7) 25E-44 working days and shall be repaired using only pre-approved materials. 4. Contractor shall be responsible for repair-related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the Projects Manager or designee. 7) Vandalism Contractor shall be responsible for the labor to repair damaged landscaping caused by vandalism or vehicle accidents with material costs to be reimbursed by City. The Contractor shall submit invoicing to establish cost of materials. J. ANNUALS 1) Areas designated for annuals planting shall be rotated on a triannual (three times a year) basis. 2) Appearance of designated areas shall be kept fresh and vigorous at all times. K. PENALTIES AND FINES Failure to comply with specifications of contract or requests from the Projects Manager or designee and/or creating unnecessary delays, as determined by the Projects Manager or designee, may be cause for fines and penalties in the amount of $300.00 per occurrence per day until said request(s) is completed. This shall be deducted from routine monthly maintenance payments. Failure by Contractor to provide certain maintenance functions/deliverables within the timelines called for in this specification not limited to (and itemized below) will result in a penalty of $300.00 (called out for in contract) for each occurrence being withheld from Contractor's current monthly invoice payment. 1. To take immediate corrective action to landscape that is stressed due to lack of water, insect and weed infestation 2. To provide schedules 3. To utilize City-supplied water meter 4. To perform as indicated on the work schedule 5. To respond to emergencies within thirty (30) minutes 6. To correct unsafe conditions within twenty-four (24) hours 25E-45 7. To remove litter/debris from site the same day it is scheduled for cleaning 8. To avoid blowing or sweeping debris onto private property, streets, parking lots, or storm drains 9. To irrigate adequately 10. To remove weeds within three (3) days and any subsequent day beyond three (3) days 11. To inspect irrigation systems 12. To repair irrigation within twenty (24) hours 13. To cease irrigation during rain when additional soil moisture is not needed. (Per Controller) 14. To mow turf and edge weekly 15. To provide litter pick up weekly 16. To add additional personnel and equipment to complete specification Continued failure of the contractor to provide acceptable services shall give the City the right to deliver the services by other means for said deficiencies and back-charge the Contractor for the incurred costs including administrative costs associated with having the work completed by other means. L. ARTIFICIAL TURF CARE 1) Cleaning a. All artificial turf shall be cleaned weekly. All trash, debris, leaves, etc., shall be removed by mechanical blower and/or by hand. Care shall be exercised as to not displace infill sand. Infill sand displaced due to contractor negligence shall be replaced at Contractor's expense. All pet waste shall be removed weekly. Areas receiving high pet traffic shall be sterilized using approved products. C. Graffiti shall be removed using manufacturer approved methods within 24 hours of notification. Graffiti removal will be considered extraordinary maintenance. d. All metallic objects shall be removed monthly through use of magnetic device designed to remove metal debris. 25E-46 2) Maintenance a. All artificial turf areas flattened due to heavy foot traffic shall be realigned by use of a power broom on a biweekly basis. b. All artificial turf areas shall be maintained through the use of a power broom annually to realign turf blades. All infill sand quantities shall be checked annually and refilled as needed. Annual power brooming and infill sand maintenance shall be considered extraordinary maintenance. C. All artificial turf areas shall be inspected for weeds weekly. All weeds shall be treated with an approved herbicide. d. All artificial turf areas shall be regularly inspected for raised or loosened seams and edges. Repair of seams and holes shall be reported to the Projects Manager or designee immediately. M. DROUGHT TOLERANT SHRUB 1) Pruning All shrubs growing in the work areas shall be pruned minimally. Removal of dead or damaged limbs or branches shall be made cleanly with sharp pruning tools so that no projections or stubs remain. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. Shear hedging or severe pruning of plants shall not be permitted. Should the Contractor shear hedge or severely prune plants and disfigure or damage the plants, the contractor shall be responsible to replace those plants with like kind and size as determined by the Projects Manager or designee. 2) Renovation Shrubs shall be thinned and pruned, separated and/or relocated for the health of the plants and the appearance of the site, and at such other times when directed by the Projects Manager or designee. Bare shrub areas shall be replanted in the months of October through March with plant material of the same species one time per year at no additional cost to the City. 3) Watering All drought tolerant planting shall be properly irrigated to maintain a healthy condition. Amount of water and application must be properly controlled. 2. Drought tolerant plantings need proper deep watering practices to encourage deep root system development. 25E-47 This involves irrigating for longer periods of time, on an infrequent basis. Plants with a shallow root system resulting from frequent light watering will not be drought tolerant. C. During the initial installation period, which is approximately 3 months following actual planting, more water will be required. Plant material shall be watered weekly for optimal growth. If material is planted or replaced during the warmer weather months, that period may be longer, and watering should be increased to every third day. 3. After the installation period, and during warmer summer months, shrub areas shall be provided with infrequent, monthly, deep watering for optimum growth. 4. Following one full seasonal cycle, minimum 12 months, plant is usually established and only supplemental water will be required during periods of extreme conditions. Contractor should monitor material for stress and adjust watering accordingly. 5. Wherever or at any time that an irrigation system is damaged, fails or does not adequately water the shrub area in which it is installed, the Contractor shall manually water. 6. Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the Projects Manager or designee, and replaced at Contractor's expense. 4) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the Projects Manager or designee, at no additional cost to the City. IV. EXTRAORDINARY MAINTENANCE A. The replacement of plant material, or the repair or replacement of irrigation system equipment may be considered extraordinary maintenance if damage or malfunction is mainly caused by any of the following: (1) Acts of God (2) Civic Disorder 25E-48 (3) Excavation or re-surfacing of the street (4) Power failures (5) Underground wiring damage B. Any minor upgrading work, or installation, as directed by the Projects Manager or designee, shall also be paid to the Contractor as extraordinary. Any extraordinary maintenance requests from the City shall be confirmed in writing, accompanied with an estimate of cost within five (5) working days. The Contractor shall contact the Projects Manager or designee at least four (4) hours in advance before commencing any extraordinary maintenance work and seek prior approval before the work is scheduled. C. City shall pay for such extraordinary maintenance as follows: 1) Materials. The City shall pay market rate cost to the Contractor for the cost of materials used in extraordinary maintenance from the supplier upon receipt of invoice with receipts. All materials and parts shall be new or approved by the Projects Manager or designee if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. 2) Direct Labor. Contractor shall present with Contractor's monthly invoice a record of hours spent and locations serviced in extraordinary maintenance. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified on the Contractor's bid proposal. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, workers for health and welfare, insurance, workers' compensation, pension, vacation, sick leave or local, State, Federal and union tax or assessment. VII. REQUIRED REPORTS The successful Contractor will be required to submit the following reports as part of this agreement: A. Annual Maintenance Schedule B. Weekly Maintenance Schedule C. Monthly Chemical Use Report (as sent to County Agriculture Commission) D. Monthly Fertilizer Use Report 25E-49 E. Proposed Pesticide List with EPA numbers F. Monthly irrigation inspection checklist report (to include but not limited to, controller location, address, and site inspection for all sites and a list of any repairs required) G. Manual irrigation schedule H. Annual pesticide safety training records 1. Monthly routine maintenance report J. Monthly extraordinary maintenance report K. Monthly accident report L. Monthly vandalism report VIII. INVOICING The successful Contractor will be required to submit invoices for work completed as described below: A. Separate invoice for Routine Maintenance B. Separate invoices for Extraordinary Maintenance One day = One invoice C. Separate invoice for materials used only for accident repairs Per occurrence and location One day = One invoice D. Separate invoice for materials used only for vandalism repairs Per occurrence and location One day = One invoice 25E-50 Maintenance Frequency Schedule FUNCTION FREQUENCY Turf Maintenance Mowing Once/Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Four 4 times a year Pest and Weed Control As needed Visual Inspection Weekly Chemical Weed Control As needed Ground Cover Maintenance Trim Monthly Fertilize Four 4 times a year Pest and Weed Control As needed Visual Inspection Weekly Pre-emergent herbicide Minimum once a year or as needed Shrub, Vine and Tree Maintenance Trim Shrubs Monthly or sooner if needed Vines Six 6 times a year Trees As needed Fertilize Four 4 times a year Visual Inspection WeekI Pre-emergent herbicide Minimum once a year or as needed Hardsca a Maintenance Weekly Grounds Policing/Litter Removal Santa Ana Regional Transportation Ctr Four (4) days/week All other Areas Once/Week 25E-51 EXHIBIT B ROUTINE MAINTENANCE LOCATIONS MEDIANS, PARKWAYS, LINEAR PARKS, PARKS AND SERVICE ROAD DIVIDERS (Includes all landscape and all hardscape/sidewalk areas not subject to vehicular traffic except in residential neighborhoods) Code Worksite Limits M-1 Bear St. Segerstrom Ave. to South City Limit M-2 Bristol St. North City Limit to South City Limit M-3 Broadway S/O Civic Center to 1 st St.; M-4 Cabrillo Park Dr. 17th St. to 1St St. M-5 Chestnut Ave. At Lyon St. M-6 Civic Center Dr. At BFeadway to SyGamere M-7 Dyer Road / Segerstrom Ave. East City Limit to West City Limit M-8 Edinger Ave. East City Limit to West City Limit M-9 Fairview St. North City Limit to South City Llmit M-10 Flower St. 1St St to North City Limit M-11 Grand Ave. North City Limit to South City Limit M-12 Harbor Blvd. North City Limit to South City Limit M-13 MacArthur Blvd. East City Limit to West City Limit M-14 Main St. North City Limit to South City Limit M-15 McFadden Ave. East City Limit to West City Limit M-16 Memory Lane East City Limit to West City Limit M-17 Oakmont Ave. At Santa Clara Ave. M-19 North Park Blvd. Flower St. to Broadway M-20 Plaza Dr. MacArthur Blvd. to Sunflower Ave. M-21 Raitt St. McFadden to Edinger -E/S M-21 A Raitt St. MacArthur Blvd. to Sunflower Ave. M-22 Santa Ana Blvd. Grand Ave. to Raitt St. M-23 Tustin Ave. North City Limit to 1St St. M-24 Warner Ave. East City Limit to West City Limit M-25 Willits St. East of Fairview St. M-26 1 St St. East City Limit to West City Limit M-27 4th St. Tustin Ave. to 1-5 M-28 17th St. / Westminster East City Limit to West City Limit NEIGHBORHOOD ENTRY AREAS (Includes all landscape and all hardscape not subject to vehicular traffic) Code Worksite N-1 1 st Street slopes) N-2 Wright Street N-3 Cedar Street N-4 Cypress Avenue N-8 English Location Standard to Grand (underpass At Palm Street Diverter At McFadden Avenue At Walnut Street At 15th Street 25E-52 N-12 French Street N-14 Hathaway Street N-15 Highland Street N-16 Jackson Street N-19 Lowell Lane N-22 Macarthur Boulevard N-26 Memory Lane N-28 Park Lane N-29 Park Lane N-30 Santa Clara Avenue N-31 Santa Clara Avenue N-32 Santiago Street N-33 Segerstrom Avenue N-36 St. Gertrude Place N-38 Towner Street N-40 Washington Avenue N-41 Washington Avenue N-42 Washington Avenue N-43 Washington Avenue N-45 10th Street N-46 19th Street N-47 19th Street OTHER AREAS At Civic Center Drive At Santa Clara Avenue At Fairview Street At 1 st Street At Santa Clara Avenue Hutton Centre At Lowell Lane (SE & SW) At Bristol Street At Santiago Street At Bristol Street At Broadway At 20th Street At Douglas Street (SE) At Broadway (N/W & S/W) At Santa Clara Avenue At Bush Street At Harbor Boulevard At Louise Street At Olive Street At Spurgeon Street At Broadway At Jefferson Place (Includes all landscape and all hardscape/sidewalk areas not subject to vehicular traffic except in residential neighborhoods) Code Worksite O-1 Alton O-2 Edinger O-3 Edinger 0-4 Broadway Avenue 0-5 Bush Street 0-6 Edgewood Avenue 0-7 Edinger Avenue 0-8 Edinger Avenue 0-9 Edinger Avenue 0-10 Flower Street 0-11 Flower Street 0-12 Flower Street 0-13 Flower Street 0-14 Grand Avenue 0-16 Heliotrope 0-17 Lincoln Avenue 0-18 MacArthur 0-19 Main Street 0-20 Main Street Locations Bristol to Fairview; bike trail & Landscape Santa Ana River; Slope N/E Broadway to Flower (blockwall); N/S 5 Fwy off ramp; blockwall W/S Edgewood Ave. to Santa Clara Avenue Main Street (Caltrans-frwy loop) N/S Broadway to Flower (blockwall) N/S Off-ramp loop (SB 55 fwy at Edinger) Magnola Avenue N/E Cul-de-sac (at the 1-5) MacArthur Boulvard to Sunflower E/S Santiago Bridge N/E corner Santiago Bridge N/W corner Ramp loops (including adjacent areas, both sides of 1-5) Blockwall Vines (N/O 17th St.) 5 frwy North to Fairhaven; Metrolink Main; Sandpointe Vines On ramp loop and slope (SB 5 fwy) At Sunflower Avenue (block wall vines) 25E-53 0-23 Penn Way 0-24 1 st Street 0-25 Catalina 0-27 17th St; 0-28 Bristol Off ramp loop (SB 5 fwy S/0 17th St.) Santa Ana River; Area N/W At Tustin Avenue On ramp Loop (N/B 5 Fwy at Santiago) & La Veta (SR-22 Cal Trans fwy loops) PARKING LOTS (Includes all hardscape on surrounding lots) Code Worksite Limits P-1 Bristol St., North of Edinger Ave. (East side) WATER RESERVOIR FACILITIES Code Worksite W-1 2315-2415 North Bristol St. W-3 1730 South Santa Fe St. W-4 1718 Sydney St. W-5 723 West Walnut St. W-6 921 West Walnut St. MONTHLY MAINTENANCE LOCATIONS (no landscape, no irrigation) W-7 Cambridge Station (2736 N. Cambridge) W-8 South Station (behind property line and not the parkway) (1727 W. Alton Ave.) W-9 West Station (Mountain View South of First) ROUTINE MAINTENACE LOCATION THE SANTA ANA REGIONAL TRANSPORTATION CENTER Code Worksite Limits R-1 1000 E. Santa Ana Blvd Courtyard Planters, Tree wells and 25E-54 ROUTINE MAINTENANCE LOCATIONS ANNUALCOLOR (rotated 3 time a year) Code Worksite AC-1 Highland St. AC-2 Kilson Dr. AC-3 Macarthur Blvd. AC-4 Mohawk Dr. AC-5 Park Ln AC-7 Santa Ana Blvd. AC-8 Santa Clara Ave AC-9 Santa Clara Ave AC-10 Willits St. AC-11 19th St. AC-12 19th St. Limits Fairview St. Edinger Ave.; north and south Flower St. McFadden Ave. Bristol St. Transportation Center Bristol St. Broadway Ave. Fairview St. Broadway Jefferson Place 25E-55 EXHIBIT C CONTRACT PRICING 25E-56 M A. R 1 P 0 S A. L A N D S C A P E S I N C June 4, 2013 City of Santa Ana Public Works Agency 220 S. Daisy Ave. Santa Ana, CA. 92703 Phone # (714) 647-3308 Fax (714) 647-3345 Attn: Danell Mercado - Project Manager Ms. Mercado, Thank you for the opportunity for Mariposa Landscapes to be considered in providing Median Landscape Maintenance Services for the City of Santa Ana. During the hiring of needed personnel, Mariposa will be looking for qualified applicants within the City of Sana Ana first. We currently employ 25 people who live in the City of Santa Ana. Since our office and yard are in The City of Santa Ana, we concentrate our hiring efforts locally first. Some of the purchasing of material and equipment will be done within the City of Santa Ana. These local suppliers within the city are: Whitecap Industries, Crop Production Services, Santa Fe Auto Repair, McFadden - Dale Industrial Hardware and Alans Lawnmower & Garden Center. We are always looking to use local services to help support the local economy. Respectfully submitted, t... ry Robert Austin - Chief Estimator robert@inariposa-ca.com (626) 960-0196 ext. 319 (626) 960-3809 fax qla 15529 ARROW FHGHWAY, IRWINDALE, CA 91706 CA LANDSCAPE CONTRACTORS LICENSE NO, 592268 TEL. 626 a 960 a 0196 FAX 626.960. 8477 25E-57 *RFP - Page_ 62 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification - i certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that l am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal!. Proposal Item Price - Pricing shall be based on a unit cost for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. ROUTINE MAINTENANCE PRICING DESGii F ANTI '[ (?U < : r; ? Nlt tf g NIT EX ENDS TINE .. u . . ? r Medians, Linear Parks and Service 29,830 357,960.00 1 Road Dividers 1 Month 12 $ $ 3,400.00 40,800.00 2 Neighborhood Ent , Areas 1 Month 12 $ . '000.00 24,000.00 3 Other Areas 1 Month 12 $ $ ,400.00 40,800.00 4 Parkin Lots 1 Month 12 $ $ 4,400.00 52,800.00 5 Water Reservoir Facilities 1 Month 12 $ $ 8 A#"1a1 Sidewatk-Maintenance 4 AAoMh 42 $-- $M- - ------_...., - 2,400.00 28,800.00 7-6 Regional Transportation Center 1 Month 12 $ $ 1,000.00 3,000.00 87 Annual Color 1 3 X Yr 3 $ $ Total Contract Amount (Add Lines 1 thru 87}: $548,160.00 City of Santa Ana -- Median Landscape Maintenance RFP Amendment No. 1 Page 8 25E-58 City of Santa Ana Median Landscape Maintenance RFP Page 63 25E-59 Madposa Landsr s Inc, 626-980-d196? 62l-96M0,8lI77 LEGAL NAME OF GOMPANY i?HQNF AND FAX NUMB 09 15529 Arrow Highway, Irwindale, CA 91748 BUSINESS ADDRESS City of 8ente3 Ana Median Le ndeaao Matntenanco RFP Wage 64 25E-60 84-4245898 592268 FEDERAL ID NUMBER CWRACTOR LICENSE NUMSEW