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25D - AGMT - LANDSCAPE
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE AN AGREEMENT WITH MIDORI GARDENS AND MARIPOSA LANDSCAPE FOR LANDSCAPE SERVICES IN CITY PARKS AND FACILITIES FOR DISTRICT 1 AND 4, RESPECTIVELY (STRATEGIC PLAN NO. 6, 1B) CI MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Midori Gardens to provide landscape maintenance services in District 1 in an annual amount not - to -exceed $274,706 (to be prorated five months for the first period), which includes a 10% contingency, for a term from September 1, 2017 through January 31, 2018, with three, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Mariposa Landscape to provide landscape maintenance services in District 4 in an annual amount not -to -exceed $720,432 (to be prorated five months for the first period), which includes a 10% contingency, for a term from September 1, 2017 through January 31, 2018, with three, one-year renewal options; subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) divides the city into four maintenance districts. On June 1, 2017, after multiple Failure -To -Perform notices, the City provided a termination letter to Merchant's Landscape Services for an inability to meet the scope of the agreement. The City issued a Request for Proposal to find a replacement company. An evaluation committee consisting of two representatives from PRCSA-Park Maintenance reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm/team experience, relevant project experience, scope understanding, references and fee. The results of the RFP evaluation for district 1 and district 4 were as follows: 25D-1 Agreement with Midori Gardens and Mariposa Landscape For Landscape Maintenance of Districts 1 and 4, Respectively August 15, 2017 Page 2 District 1 Score Midori Gardens 173 Mariposa Landscape 153 The City proposes to enter into an agreement with Midori Gardens for the remainder of the original agreement with Merchants Landscape from September 1, 2017 to January 31, 2018 (five months) and include three, one-year renewal options, for the maintenance of District 1. District 4 Score Midori Gardens 142 Mariposa Landscape 193 The City proposes to enter into an agreement with Mariposa Landscape for the remainder of the original agreement with Merchants Landscape from September 1, 2017 to January 31, 2018 (five months) and include three, one-year renewal options, for the maintenance of District 4. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds are available in the following accounts for the specified years of the initial term: District 1 Accounting Unit FY 17/18 FYI 8/19 FY19/20 FY 20/21 PRCSA-Park Maint. (no. 01113250-62320) $228,922 $274,706 $274,706 $160,246 District4 Accounting Unit FY 17/18 FY18/19 FY19/20 FY 20/21 PRCSA-Park Maint. (no. 01113250-62320) $582,177 $698,613 $698,613 $407,524 Finance -City Yard. (no. 08510138-62300) $ 17,228 $ 20,673 $ 20,673 $ 12,060 Police Department (no 16614450-62300) $ 956 $ 1,146 $ 1,146 $ 669 Total $600,361 $720,432 $720,432 $420,253 25D-2 Agreement with Midori Gardens and Mariposa Landscape For Landscape Maintenance of Districts 1 and 4, Respectively August 15, 2017 Page 3 /� Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrezu-v4%too7 p, (ss) Executive Director Finance and Management Services Agency EXHIBIT: 1. Agreement -Midori Gardens 2. Agreement -Mariposa Landscape 25D-3 25D-4 THIS AGREEMENT is made amid entered into this 15th day of August, 2017 by and between Midori Gardens, Inc., a California Corporation (hereinafter "Contractof ), 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. On June 1, 2017, the City issued Request for Proposal ("RFP") No. 17-047, by which it sought proposals from qualified firms for landscape maintenance services in Districts 1 and 4. B. This RFP process was initiated after the prior contractor's services were terminated due to non-performance. A new contractor would be selected to handle services for the remainder of the term, C. Contractor submitted a responsive proposal that was selected by the City: Contractor represents that it is able and willing to provide such services regarding District I to the City described in the scope of work that is attached to this Agreement and identified as Exhibit A. D. 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 pertorrned in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises„ and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for District I, as set forth in Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein, 2, COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total amount to be expended for services during the term of this Agreement, including any extension exercised under Section 3, shall not exceed $938,580. Page I of 11_ "W6 b. For the initial term of the Agreement, as defried in Section 3, the total amount to be expended shall not exceed $114,461. This amount is based upon the yearly amount detailed for each extension period divided by the 5 months comprised for the shortened term detailed in Section 3 below. The amount for the initial fermis $104,055 and a 10% contingency ofup to $10,406 for services -as may be perf ormed by Contractor at the sole discretion of City. C. For each extension period exercised per Section 3 of this Agreements the total yearly amount to be expended shall not exceed $274,706. This amount for each term is comprised of the sum of the costs for District 1 at $249,733 and a 10% contingency of up to $24;973 for services as maybeperformed by Contractor at the sole discretion of City. d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment freed not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be, expected by City. 3. 'TERM This Agreement shall commence on September 1, 2017 and terminate on January 31, 2018, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to three (3) One year extensions upon a writing executed by the City Manager and the City Attorney. 4, 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 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, S. OWNERSHIP OF MATERIALS' This Agreement creates a noxi -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression„ including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor tinder this Agreement C Documents & Data"). Page 2 of 11 AF!( 41 Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in anyway in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, 6. INSURANCE Prior to undertaking performance of work under this Agreement; Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance mining the City, its officers, employees, agents, volunteers and representatives 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 dainage, in the total amount of $1;000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY", its officers, employees, agents, volunteers and representatives as additional insuired(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such. insurance shall include coverage for owned, hired and cion -owned automobiles. C. worker's Compensation Insurance. In accordance with the California 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. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The Following requirements apply to the insurance to be provided by Contractor pursuant to this section: Page 3 of i t Ty (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 shalt be. approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. 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 affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to defend, and shalt indemnify and hold harmless the City, its officers, agents, employees„ Contractors, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of clairns for personal injury, including death, and claims For property damage, which may arise from the negligent operations of the Contractor or its Contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due byreason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement.. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation; restitution, judicial or equitable relief clue to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding: Notwithstanding the foregoing; to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be Painted, to the extent required by Civil Code Section 27818, to claims that arise out of; pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Page 4 of 11 flk111ibI 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection. with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred raider this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period ofthree(3) years, or for any longer period required by taw, from the date of final payment to Contractor under this Agreement All such records and invoices shalt be clearly identifiable, Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10, CONFIDENTIALI`1Y 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 infornation except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event: less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of nonuse and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in riglitfill possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Contractor covenants that it presentlyhas no interests and shall not have interests, direct, or indirect, which would conflict in any manner with performance of ser vices specified under this Agreement. Page S of 11 MTg 12. NOT10E Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall he in writing and shall be doomed to be property given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.Q. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: and Gerardo Mount Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.0, Box 1988 Santa Arta, California 9.2702 Fax 714- 647-4211 City Attorney City of Santa Arra 20 Civic Center Plaza (M-29) P.O. Box 1983 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Midori Gardens 3231 S. Main Street Santa Ana, CA 92707 Attn: NagaHamatnoto, President 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 shalt 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 fax, 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. Page 6 of 11 MUM 13. EXCLUSIVITY AND AMENDMENT ThisAgreementrepresents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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 purchase order or other instrument that are inconsistent with, or in addition to, the terms acid conditions hereof; shall not bind or obligate Contractor or 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. To such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shalt be the property of the City unless prohibited bylaw, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement, Contractor affirms- that it is an equal opportunity employer and shalt comply with all applicable federal,state and local laws and regulations, Page 7 of 11 z6v1 1 1 17. JURISDICTION - VENITE 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. Roth 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. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary forthe provision of the services hereunder and required. by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, hold 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,. -Remainder of page intentionally left blank; signature page to follow— Page 8 of l l 204 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 APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney By:e A i Lisa Store Assistant City Attorney RECOMMENDED FOR APPROVAL; Gerardo Monet Executive Director,. Parks, Recreation and Community Services Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager MIDORI GARDENS Naga. Harnamoto President Page 9 of I 1 I] IMN EXHIBIT A SCOPE OF SERVICES Page 10of11 25u�B14 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE (DISTRICT 1) RFP NO.: 17-067 Description of Work ROUTINE MAINTENANCE Each morning at the start of the workday the Contractor's Supervisor or their designated representative shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the Director's Representative. Failure to inspect each site daily before 9:00am will result in a $300 penalty per site. Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit C and per the City of Santa Ana Park Services Standards (see Attachment 7). 1.0 Turf Care -Shall be differentiated by the two types of turf - "Casual Turf' and "Priority Turf'. The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades. Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. All visible turf clippings shall be removed from the site the same day turf care occurs pursuant to SAMC Chapter 16. Furthermore, the Contractor shall prevent turf clippings from leaving the site into streets or any other adjacent properties. From time to time the Director's Representative will direct the Contractor to change mowing patterns to minimize rutting and compaction. 1.1 Casual Turf Mowing -All "casual" turf (non-priority turf) shall be mowed every other week. The Contractor may use rotary mowers to mow casual turf. The City prefers that the Contractor use Kubota L5060 tractors equipped with turf type tires and tractor powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69"rotary detail mowers for areas between trees and other park amenities. The Director's Representative shall determine height of cut. String trimmers are not allowed for mowing turf. 1.2 Priority Turf Mowing -All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2". In order to achieve a quality cut at this height and not leave clippings the City prefers the Contractor use the following equipment and methods: The Contractor will perform a first cut using a rotary mower with clipping catching capability followed by using a Kubota L5060 tractor equipped with turf type tires and tractor powered Trimax ProCutS3-237 91" rotary mower and a Citv of Santa AaaRF.P 17-067 walk behind Jacobsen Eclipse2 reel mower along priority turf areas. Note that the Contractor shall perform quality sport turf mowing and detailing to the Director's Representatives satisfaction regardless of the equipment and methods the Contractor elects to use. The Director's Representative shall direct the Contractor to mow the priority turf lower than 1/2" if necessary. Note that the ball diamond infield maintenance contractor shall be responsible for mowing turf infields, including foul territory turf area, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be part of this RFP. 1.3 Edging and Detailing Edging/detailing of the entire site shall be performed at the same time mowing occurs The City prefers that all edging shall be performed with the use of a McLane's edger or approved substitute walk -behind or fixed blade stick edger. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. Edging/detailing may occur with string trimmers around park amenities that are not immediately adjacent paved surfaces. Chemical detailing of turf may occur only with the Director's Representatives approval. If chemical detailing is performed, the Contractor shall spray maximum 3" and use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. The Director's Representative may require the Contractor to use string or rope lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director's Representative shall direct the Contractor to repeat the detail process. Shovel cut detailing shall be repeated a minimum of every 3 months to maintain crisp evenly round lines. The Contractor shall detail turf not greater than 1" away from park amenities walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply sandy loam top soil and an approved turf sod to reduce any existing bare soil areas along walls/fences that are greater than 1 ". 2.0 Irrigation 2.1 Contractor shall ensure irrigation systems are continually monitored and repaired in a timely manner and per the Director's Representatives direction. The Contractor shall visually check all sites each morning and physically check each sites systems monthly indicating in writing the: 1) site name; 2) the controllers manufacturer, model and serial number; 3) controller letter/number; 4) run days; 5) start times; 6) station run times; 7) 7-067 water budget percentage; 8) weekly Et; 9) deficiencies noticed; and, schedule to cure/repair deficiencies. 2.2 When an irrigation system does not adequately provide water to the priority turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall direct their staff to immediately provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate priority turf areas. Contractor may also submit AEWs with engineered drawings to improve these areas of the system. Failure to maintain priority turf in a green and healthy condition will result in deductions from the monthly invoice. 2.3 Irrigation System Maintenance 2.3.1 Inspection and Reporting- The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City of Santa Ana Park Services' specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. All other repairs, RCV to meter, shall be repaired and shall be "tagged" using the City of Santa Ana Park Services "tagging" system noting the Company and Irrigation Tech that performed the repair, the date of the repair and the Contractor's and Irrigation Technicians contact information. All repairs shall be warrantied for two years from the date of the approved repair. All head and lateral lines shall be repaired within five days of discovery of malfunction/repairs needed. All other irrigation repairs shall be performed immediately following approval of the work. The Director's Representative shall impose penalties for failure to respond and/or hire a Certified Irrigation Technician to remedy the system. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. 2.3.2 Repairs -The Contractor shall be responsible at his own expense for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The City will be responsible for the cost of materials from the valve to the water meter. The Contractor shall submit proposals to the Director's Representative for extra work to repair/improve the irrigation system from the RCV to the meter. 3.0 Groundcover Care 3.1 The Contractor shall service ground cover/shrub beds on a bi-weekly basis. These areas shall be maintained within their intended bounds and edged and/or detailed to keep the beds looking manicured at all times. Groundcovers shall not be allowed to grow into other groundcover beds, shrubs, vines or on trees. All plant material shall be maintained in an attractive and healthy condition. City of S��F,P 17-067 3.2 Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned immediately following each edging/detailing, including streets. 4.0 Shrub/Vine Care 4.1 Shrub All shrubs shall be serviced every other week. Shrubs growing in the work areas shall be pnmed such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director's Representative. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. "Box hedged" plants will be required to have all three sides level and straight to the satisfaction of the Director's Representative. In order to achieve straight and level lines of shrubs the Contractor shall run string lines to assure straight pruning. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director's Representative, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director's Representative. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. 4.2 Vine Contractor shall plant 250 per year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director's Representative. The Contractor shall also prune the vine back to the wall to reduce the width and weight of the vine one-time per year in May. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all times. 5.0 Tree Care City of S t� Qj�FP 17-067 The Contractor shall perform all tree services per the City of Santa Ana Park Services Tree Services Specifications (PSTSS) up to a height of 15'. All pruning shall be `Complete' per the PSTSS (see Attachment 5). 5.1 Tree Service The Contractor shall perform continuous `Complete' tree pruning service including but not limited to raising tree branches to a safe and functional height for the type of activity beneath or around the tree (see Director's Representative for appropriate heights per activity beneath or around trees). In addition, the Contractor shall remove stubs, damaged, diseased or dead branches from trees. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is `Complete' pruned as set forth in the PSTSS (see Attachment 5). In addition, the Director's Representative may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15" and fallen limbs 80 lbs. or less. 5.2 Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stales shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. 5.3 Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall dispatch their International Society of Arborist TRAQ Certified Hazardous Tree Professional evaluate the trees and provide a written report listing findings and recommendations. 5.4 Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. City All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by an International Society of Arborist TRAQ Certified Hazardous Tree Professional approved by the Director's Representative. Contractor shall provide an exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the TRAQ Certified Hazardous Tree Professional determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the TRAQ Certified Hazardous Tree Professional determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire, the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 6.0 Playground/Tot-Lot Areas 6.1 Daily Maintenance - The playground/tot-lots/equipment shall be blown free of debris, sand/wood chips on play equipment, rubberized fall areas and surrounding concrete areas daily. Any sand/wood chips that accumulate on the rubberized surface shall be reused. Sand/wood chips and debris on the playground equipment shall be removed. 6.2 Weekly Maintenance - The Contractor shall loosen compacted sand/wood chip areas, re - grade sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand/wood chips to assure that debris and any other foreign objects are removed, removal of weeds, and remove exposed filter fiber and dispose of. The City shall be responsible for all playground equipment and tot -lot area safety inspections. 7.0 Sport Court Maintenance 7.1 All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. 7.2 Contractor shall continuously replace tennis and basketball nets when they become worn or vandalized. The City shall furnish nets. 8.0 General Maintenance and Clean -Up The Contractor shall establish a Trash Crew to blow down all paved areas, pick-up trash/debris and to empty/clean trash receptacles daily. Daily Maintenance )f Sn�ti,� I, 1P 17-067 M 8.1 All trash and debris (twigs, branches, sand, gravel, rock, wood chips, glass, metal, paper, etc.) on the ground or in trash receptacles shall be blown-off/removed from all worksites landscaped and paved areas each day Monday through Sunday before 12:00 p.m. This includes all parking lots, landscape areas, paved areas, street curb gutters, flood control channels, etc. The Contractor shall not blow broken glass or any other potentially hazardous materials into landscape areas. Trash shall consist of all items 80 lbs. or less. All trash receptacles and lids shall be wiped clean with a germicidal product. Picnic shelters, drinking fountains, picnic shelter concrete pads, trash receptacles, concrete or asphalt areas with stains around trash receptacles, park security lights, park benches, walls, ball diamond backstops, ball diamond dugouts, ball diamond and other sport concession areas/patios/perimeter areas and ball diamond bleachers and the pavement beneath them and other park amenities shall be washed/cleaned daily. 8.2 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. 8.3 After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 8.4 The Contractor shall keep sidewalks and all other paved areas clean and free of any debris, dirt, glass, weeds, leaves, etc. at all times. 8.5 Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 8.6 Non -pedestrian parking lots, top of curbs, gutters, stamped or other enriched hard roadway surface areas, shall be thoroughly cleaned once per week. 8.6.1 The Contractor shall hire a sub -contractor specializing in parking lot cleaning to clean the roadway and parking lots at Centennial Park. The work shall be performed by the sub -contractor in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the sub -contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 8.7 Vacuums, blowers, sweepers, shovels or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be thoroughly cleaned and picked up/removed from the site. All non -pedestrian pavement, curb top/bottom, gutters, etc. shall be thoroughly cleaned. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, loose rock, sand, soil and trash. The City shall approve any equipment that is to be used for cleaning parking lots. Large trash items in excess of five inches length or width, a muddle of smaller items, spills, and any material (including tree/plant material) that creates a safety hazard shall be picked up daily. 8.8 Daily Site Amenity Blowing & Cleaning — Contractor shall maintain site amenities, patios, pool decks, playground equipment, and pedestrian paved areas free of debris. City of Slap tags, tape, string, nails, push pins, wire, etc. shall be removed from, but not limited to, picnic tables, park benches, skate park, walls, planters, pool decks, raised curbing, railing, exterior of buildings, light standards, overhead shelters, etc. 8.8.1 All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the BBQ's and the post with heat and rust resistant flat black paint whenever rust appears. 8.9 All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director's Representative, the flag is not be in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request from the Director's Representative a new flag. Contractor shall raise the new flag immediately upon receipt from the Director's Representative. 8.10 Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. using any method deemed expedient. The Contractor shall achieve this level of quality using a combination of cleansers, pressure washer, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 8.11 Priority Turf Field Maintenance -The Contractor shall establish a Sport Turf Management crew to specifically perform specified Priority Turf Field Maintenance. 8.11.1 Daily Maintenance Maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Priority Turf perimeter maintenance shall be performed daily. Maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas to remove brick dust, washing off stains and/or all other foreign material. In addition, removal of such as sunflower seeds or peanut shells, so that all areas, including bleachers, backstops, pavement and landscape areas, are 100% free and clean. All debris mentioned above shall be collected and disposed. Blowing debris into turf or adjacent areas is not acceptable. The contractor shall perform irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. The contractor shall maintain level fence line areas using a rock or leveling rake. All Priority Turf Fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with approved USGA mix mixed with Stovers Bermuda Dunes grass seed during the spring/surnmer and Stovers Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level -playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. 8.11.2 Non-recurring maintenance: During inclement weather the Contractor shall work to reopen Priority Turf Field as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 9.0 Other Requirements 9.1 Weed Control Application Agricultural pest control services shall be supervised by a state licensed/certified agricultural pest control employee or approved sub -contractor. The Contractor shall notify the OC Agricultural Commissioner's Office and the Director's Representative via email a minimum of 48 hours in advance of any pesticide applications. The required information shall be the name of the company performing the application, the proposed pesticides to be applied listing the manufacturer/name of the pesticide, the rate(s) of application, the reentry period and the method of application. Furthermore, the Contractor shall copy the email to the Agricultural Commissioner's Office, thereby, notifying their Inspectors of your sub -contractor's or QAL/QAC intent to apply pesticides. Furthermore, Contractor's sub -contractor or QAL/QAC shall post on A -frame barricades plastic sealed 18"x24" at minimum 300' intervals (where applicable) public notification posters listing the company performing the application, the proposed pesticides to be applied listing the manufacturer/name of the pesticide, the rate(s) of application, the reentry period and the method of application. 9.1.1 Weed Control All hardscape and landscape planting areas (excluding turf areas) shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. The Director's Representative may dispatch City staff or other contractor's to remove/eradicate weeds that reach two (2) inches or greater or when weeds exist in turf areas and are not removed/eradicated immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. 9.2 Work Not Scheduled The Director's Representative may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. City of A 17-067 10.0 City Inspection The Director's Representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, The Contractor agrees that the City shall; 1) withhold from Contractor's next monthly payment, the City's actual or estimated cost of performing the work; or, 2) hire a contractor or City staff to perform the work not performed and then withhold from the Contractor's next monthly payment the City's actual cost for performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per item specified herein not performed, per day not meeting the specifications during any such inspection. Furthermore, it is not the Director's Representatives responsibility to inform the Contractor when work specified in the specifications was not performed or that deficiencies exist. It is the Director's Representatives responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was performed satisfactorily or not. It is the Contractor's responsibility to provide adequate supervision and staffing to perform all aspects specified in this agreement. Should the Director's Representative create Power Point punch lists, essentially performing the Contractor's Supervisor's responsibilities/duties of determine what work needs to be performed in accordance with the agreement specificaitons, the City shall deduct $300 per Power Point punch list from the Contractor's monthly invoice. City of S t FP 17-067 2 - 4 Consultant Responsibilities: 1.0 GENERAL CONDITIONS 1.1 Definitions - 1.1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 1.1.4 "Weed" shall mean any undesirable or misplaced plant. 1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mowstrips, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:OOpm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 1.3 Local Office -The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.4 Outside the Scope of Work -Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) -Excavation or re -surfacing of the street -Power failures -Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. 17-067 2.0 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, sills screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 4.0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall: 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 5.0 UNDERGROUND ALERT SYSTEMS 5.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48 - hours in advance prior to any excavation work. 6.0 PROPERTY DAMAGE 6.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 7.0 ACCESS TO PRIVATE PROPERTY 7.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner 8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre -approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). 9.0 TRAFFIC CONTROL 9.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. 10.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 2) certified payroll of employees assigned to the contract areas; 3) organizational chart or equal listing the names, titles, schedules and assignments of all persons working on the project; 4) invoices and packing slips of name, type and quantities of commodities purchased; 5) annual/monthly pesticide use report completed on the City's Excel form; 6) irrigation report including, but not limited to, name of parldfacility, location in park/facility, controller letter, station numbers and their description (priority turf, casual turf, groundcover, shrub, annual color) days of week on/off, run times, start times, water budget percent, weekly ET, percent of ET 17-067 programmed, a detailed description of system deficiencies and schedule of repairs; and, 7) "green waste" recycling report. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 11.1 The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs and performing the weekly visible irrigation checks and the providing a monthly written irrigation test report by park/controller/station. 12.0 SPECIFICATIONS INTERPRETATION 12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations 13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 13.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. 13.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 13.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 14.0 SUBSTITUTIONS 14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 15.0 CERTIFICATION & APPLICATION OF MATERIALS 15.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 15.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 16.0 CONTRACTOR NEGLECT 16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 17.0 CONSTRUCTION EQUIPMENT 17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 18.0 SOUND CONTROL REQUIREMENTS 18.1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. City of S� az;% .r • Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORK 20.1 The Contractor shall notify the Director's Representative when the contractor's crews ':, b -1 ah: th c n onu ;d t:F t, :n bo .,d-_ on a daily basis by .. vv v.. n6 ".. ... ... �... ..... ........... ... "...... .. telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 21.0 WORKFORCE 21.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 22.0 MATERIALS 22.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. City of 2 The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 22.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 22.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 23.0 TRASH DISPOSAL AND RECYCLING All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City may allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service.\ City Responsibilities 1.0 CITY -DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perforni any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Requirements See -ATTACHMENT 4: ADDITIONAL PROVISIONS City of S 2 ATTACHMENT 4: ADDITIONAL PROVISIONS 1. TERM This Agreement is expected to commence on September 1, 2017 through January 31, 2018 with the option for the City to grant up to three one-year renewal options, at the same fee structure identified in Attachment 3-6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated landscape maintenance. Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited, to the following annual bedding plants as approved by the Director: Spring/Summer — April through October I 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 Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 4. STA SEED TOPPER TESTING REQUIREMENTS (IS THIS NEEDED) The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. 5. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to ajob site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual insp&tion of park, park projects, and amenities. Driving on turf is not acceptable in these situations. ATTACHMENT 5: TREE SERVICE SPECIFICATION 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies and procedures have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 2.0 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. 2.1 Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. 2.2 Complete and Aesthetic Specifications are used when circumstances deem the entire tree needs to be fully pruned and in addition shall be reduced on the perimeter of the tree canopy to provide a formal appearance. Examples of when Complete and Aesthetic pruning may occur are government civic centers, commercial -retail centers, and formal landscapes where uniformity in appearance is required. 2.3 Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. 2.4 Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. 2.5 Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 3.0 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: 3.1 Proper disposal of all tree debris generated. City of SigetFP 17-067 3.2 Assuring good traffic control and minimize disruption of the public. 3.3 Assuring adequate safety of employees and the public. Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. 4.0 ISA CERTIFICATION REQUIREMENTS The Contractor shall employee a full-time, permanently certified personnel, as accredited by the International Society of Arboriculture. 4.1 The Contractor shall employee an ISA Board Certified Master Arborist® to oversee the project. The ISA Board Certified Master Arborist© credential is the highest level of certification offered by ISA. This credential recognizes ISA Certified Arborists® who have reached the pinnacle their profession. In addition to passing an extensive scenario - based exam, candidates must abide by a Code of Ethics, which ensures quality of work. Fewer than two percent of all ISA Certified Arborists® currently hold this certification. 4.2 The Contractor shall employee an ISA Certified Arborist© -Tree Risk Assessment Qualification (TRAQ) Working/On Site Supervisor to be on site at all times work is in progress to manage the correct pruning of the trees. To earn an ISA Certified Arborist© credential, you must be trained and knowledgeable in all aspects of arboriculture. ISA Certified ArboristO have met all requirements to be eligible for the exam, which includes three or more years of full-time, eligible, practical work experience in arboriculture and/or a degree in the field of arboriculture, horticulture, landscape architecture, or forestry from a regionally accredited educational institute. This certification covers a large number of topics giving the candidates flexibility in the arboricultural profession. TRAQ is an ISA qualification program that trains arborists how to use the methodologies outlined in the ISA Best Management Practices for Tree Risk Assessment. This qualification promotes the safety of people and property by providing a standardized and systematic process for assessing tree risk. The results of a tree risk assessment can provide tree owners and risk managers with the information to make informed decisions to enhance tree benefits, health, and longevity. A Code of Ethics for ISA Certified Arborists® strengthens the credibility and reliability of the work force. This certification is accredited by the American National Standards Institute, meeting and exceeding ISO 17024. 4.3 All Contractor Working/On Site Supervisor shall be ISA Certified Tree Worker Climber Specialist© and/or The ISA Certified Tree Worker Aerial Lift Specialist©. To be a ISA Certified Tree Worker Climber Specialist®, candidates must have the skill and endurance to climb trees, demonstrate high regard for safety, and be able to get the job done off the ground. This credential is different from the other certifications because you ARE tested in both a classroom setting and a field setting. Candidates must have training in aerial rescue, CPR, and First Aid to obtain this certification. 4.4 The Contractor's employees shall be ISA Certified Tree Worker Aerial Lift Specialist© when working on trees beneath or in the vicinity of utilities. The ISA Certified Tree Worker Aerial Lift Specialist© requires candidates to demonstrate their ability to perform City of gt� Qj 17-067 as a competent aerial lift operator. The knowledge gained with this certification can improve the productivity, quality of care, and safety practices of those who earn the credential. Along with proven knowledge of CPR and first aid, candidates have been tested on safety procedures, and must be able to complete thorough truck and tree inspection. 5.0 SPECIFIC TREE PRUNING SPECIFICATIONS 5.1 All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. 5.2 All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. 5.3 When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. 5.4 All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. 5.5 Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. 5.6 All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. 5.7 All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. 5.8 Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. City of .. - �. 5.9 No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. 5.10 Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. 5.11 Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. 5.12 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. 5.13 Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 6.0 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: 6.1 Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 6.2 Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. 6.3 Remove all broken or loose branches. 6.4 Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 6.4.1 Branches, which rub and abrade a more important branch. 6.4.2 Branches of weak structure, which are not important to the framework of the tree. 6.4.3 Branches, which if allowed to grow, would wedge apart the junction of more important branches. 6.4.4 Branches forming multiple leaders in a single leader type tree. 6.4.5 Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 6.4.6 Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl". 6.4.7 Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 6.4.8 Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 6.4.9 Removal of branches, which project too far outward beyond an otherwise symmetrical form. 6.5 Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. 6.6 Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 6.7 Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. 6.8 Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. 6.9 Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. 6.10 Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 7.0 COMPLETE & AESTHETIC TREE PRUNING SPECIFICATIONS Complete and Aesthetic tree pruning shall consist of work performed in accordance with the specifications in 6.0 Complete Tree Pruning Specifications and in addition shall include that trees shall be consistently and concisely pruned whereby the canopies are "topiaried" in forms consistent with the species of tree being pruned. In specific cases where a group of same specie trees are present, the group of trees may be required to be "topiaried" all the same size and shape. 8.0 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: 8.1 Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 8.2 Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. 8.3 Remove all broken or loose branches. City of . .. • 06 71.,. Vii; 8.4 Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 8.5 Limbs of weak structure or otherwise hazardous. 8.6 Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8.7 Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 9.0 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: 9.1 Clear all branches and foliage within ten (10) feet of primary electrical lines. 9.2 Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. 9.3 Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 10.0 PALM PRUNING SPECIFICATIONS Palms shall be pruned at the 10:00 and 2:00 o'clock positions. Palm pruning shall consist of the priming of the following, but not limited to, palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactyli£era (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. 10.1 The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. Cityo2 il�QP 17-067 10.2 The shaping of the palms "pineapple" beneath the fronds to achieve a consistent and aesthetic appearance. 10.3 The removal of all flowers and fruit parts whether dead or alive. 10.4 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. 10.5 Palms, especially, the Canary Island Date Palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. 10.6 All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 11.0 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): 11.1 Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. 11.2 Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. 11.3 Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. 11.4 Removal of a healthy main leader, for reasons other than power line clearance. 11.5 Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 12.0 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty- eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 13.0 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 14.0 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. 14.1 Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. 14.2 All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. 14.3 Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. 14.4 All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 15.0 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 16.0 TIME FOR COMPLETION - If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 17.0 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed with penalties during the delay in the completion of the work caused be acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. The SAPRF representative will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. 18.0 SUBCONTRACTORS Subcontractors are not allowed without written approval from the City. Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 19.0 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 20.0 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. City of SF,P 17-067 ATTACHMENT 6: MAPS 17-067 r� N PF l 25D-48 �J § (/ / I / m ». 4 25D-48 �J § (/ / I / m ti Ln r W: Imi Or L}3 4 R PM ATTACHMENT 7: QUALITY STANDARDS •a � � Rrc�§�Ak bk � �Y iC } `�� a r� 02- I $4 wr ve s f� � t Te 44 r @ � T8 d. e s} gz � W Pl �v g p 4 41 •a � � Rrc�§�Ak bk � �Y iC } `�� a r� 02- I $4 wr ve s f� Ile gz � W Pl �v g p xk •a � � Rrc�§�Ak bk � �Y iC } `�� a r� 02- I $4 wr ve m ? � . cup a >. \ \ ... . . 412: / E 7 \ EXHIBIT B FLEE SCHEDULE (OR) RATES ANIS CHARGES Page I 1 of 11 r �i $ g o 0 R h h N N N N W r W= I N N N N fml1 n - MiM1 VF i/r N P` SY Q1 O� tli NM N N VI. i/1 Vk L V T c� K O p z � g g o $ 3, 9f ».rt iti �y ,p N C $ $ $ $ $ 8 � V g ry a »+nun F YN a p Se .0.R, � E $ g o 0 R h h N N N N W r W= N N N N fml1 n - MiM1 VF i/r N P` SY Q1 O� tli NM N N VI. i/1 Vk $ g o 0 R h h N N N N W r W= 25D-86 THIS AGREEMENT is made and entered into this 15th day of August, 2017.by and between Mariposa Landscapes, Inc., a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter `PCity")- RECITALS A. On June 1, 2417, the City issued Request for Proposal ("RFP") No. 17-067, by which it sought proposals from qualified firms for landscape maintenance services in Districts 1 and 4. E. This RPP process was initiated after the prior contractor's services were terminated due to non-performance: A new contractor would be selected to handle services for the remainder of the term. C. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services regarding District 4 to the City described in the scope of work that is attached to this Agreement and identified as Exhibit A. D. 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 firm in the field. NOW THERE, FORE, in consideration of the mutual and respective promises, ,and subject tothe terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services. for District 4, as set forth in Exhibit A, and incorporated by .reference to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Cxhibit B and incorporated by reference to this Agreement. The total amount to be expended for services during the term of this Agreement, including any extension exercised under Section 3, shall not exceed $2,461,478. For the initial term of the Agreement, as defined in Section 3, the total amount to be expended shall not exceed $300;180. This amount is basad upon the yearly amount detailed for each extension period divided by the 5 months Page 1 of i 1 6'827 comprised for the shortened term detailed in Section 3 below.. The amount for the initial term is $272,891 and a 10% contingency of up to $27,299 for services as maybe performed by Contractor -at the sole discretion o f City b. For each extension period exercised per Section 3 of this Agreement, the total yearly amount to be expended shall not exceed $720,432. This amount for each term is comprised of the sum of the costs for District 4 at $654,938 and a 10% contingency ofup to $85;494 for services as maybe performed by Contractor at the sole discretion of City. C. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject -to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on September 1, 2017 and terminate on January 31, 2018, unless tenninated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to three (3) one year extensions upon a writing executed by the City Manager and the City Attorney. 4. 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 shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercisediscretion or control over the professional manner in which Contractor perforans the services which are the subject matter of this Agreement; however, the set vices 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. 5: OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy; use, modify,, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but: not limited to, physical drawings or data magnetically or otherwise recorded on Computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documeuts & data"). Contractor shall require allsubcontractors to agree in writing that City is granted a rlon-exclusive and perpetual license for any Documents & Data the subcontractor prepares tinder this Agreekngnt, Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor mal€es no such representation and warranty in regard to Page 2 of 11 PIP15•..] Documents & Data which were provided to Contractor by the City. City shall not be. limited in --any way in its use of the -Documents and Data at any time; provided that -any such use not -within - the purposes intended by this Agreement shall be at City's sole risk, 6. INSURANCE Prior to undertaking.perfonnance of work under this Agreement, Contractor shall. maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives 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, with $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 with respect to insurance or self-insurance programs maintained by the CI'T'Y; and (c) contain standard separation ofinsuredsprovisions. 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, Iii accordance with the California 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 toobtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate; C. 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 fin-nished to the City upon execution of this Agreement and shall be approved by the City. Page 3 of 1.1 2-SO1N (iii), Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City, (iv) Contractor shall supply City with a fully executed additional insured endorsement. 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 affect Contractor's right to be paid for its time and materials expendedprior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7.. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,; Contractors, special counsel, and representatives from liability: (1) forpersonal injury, damages, just compensation, restitution; judicial or equitable relief arising; out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its Contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1- of this Agreement; and (2) -from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is nubby reason of the terms of or effects arising from this Agreement. This indemnity andhold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered; or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, oreffects, arising from. this Agreemont. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement or asserting that personal injury, damages, just compensation, restitution, judicial or equitable reliefdueto personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782 8, to claims that arse out of, pertain to; or relate to the negligence, recklessness, or willful misconduct of the Contractor. S. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against Any and all Iiability, including costs, for infringement of any United States' letters patent, trademark, or eopyflght infringement, including costs,; contained in the work product or documents provided by Contractor to the City pu rniant to this Agreement. Page 4ofII 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a rninimutn period of three (3) years, or for any longer period required by law, from the date of ficial payment to Contractor under this Agreement, All such records and invoices shall be clearly identifiable, Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final paymerit to Contractor under this Agreement. M 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 perfonnance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic- information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source, (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. 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 maturer with performance of services specified under this Agreement. 12. 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 fax or other telegraphic commmunication in the rnanaerprovided in this Section, to the following.persons: 'ro City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of rwiPw �' o P.O. Box 1983 Santa Ana, CA 92702-1988 Fax 714- 647-6956: With courtesy copies to: Gerardo Monet Executive Directors Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1938 Santa Ana, California 92702 Fax 714 647-4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O.. Box 1998 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: Mariposa Landscapes, Inc. 15529 Arrow Highway Irwindale, CA 91706 Attn: TerryNortega Fax-. 626-960-3809 A party may change its address by giving notice in writing to the other party, 'Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -tour (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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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, tho 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 Page 6ofII that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor- or 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, 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest' herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall. be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City furless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be invade for work which faits to meet the standard of performance specified in the Recitals of this Agreement 16. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, 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, terinination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer, and shall comply with all apphcable federal, state and local taws and regulations. 17. ;JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performanec, 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 maybe brought or arise out of, in connection with or by reason of this Agreement. Page 7 of I 1 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the united States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and m writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and: exemptions. Said4nabillty shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and night to. bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All. Exhibits referenced herein and attached hereto shall be incorporated as if fally set forth in the body of this Agreement. --Remainder of page intentionally deft blank,• signature page to fotlow-- Page 8 of I 1 pipe RM IN WITNESS WHEREOF, -the parties hereto have -executed -thus Agreement the date and -year -first— - above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Tay: i Lisa Storek Assistant City Attorney RECOMMENDED FOR APPROVAL: Executive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA CYNTHIA J, KURTZ Interim City Manager MARIPOSA LANDSCAPES, INC. By: Title: Page 9 of I I zsfIsra EXHIBIT A SCOPE OF SERVICES Page 10 of I I Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE (DISTRICT 4) RFP NO.: 17-067 Description of Work ROUTINE MAINTENANCE Each morning at the start of the workday the Contractor's Supervisor or their designated representative shall inspect each site and respond immediately to any malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the Director's Representative. Failure to inspect each site daily before 9:00am will result in a $300 penalty per site. Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit C and per the City of Santa Ana Park Services Standards (see Attachment 7). 1.0 Turf Care -Shall be differentiated by the two types of turf - "Casual Turf' and "Priority Turf'. The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades. Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. All visible turf clippings shall be removed from the site the same day turf care occurs pursuant to SAMC Chapter 16. Furthermore, the Contractor shall prevent turf clippings from leaving the site into streets or any other adjacent properties. From time to time the Director's Representative will direct the Contractor to change mowing patterns to minimize rutting and compaction. 1.1 Casual Turf Mowing -All "casual" turf (non-priority turf) shall be mowed every other week. The Contractor may use rotary mowers to mow casual turf. The City prefers that the Contractor use Kubota L5060 tractors equipped with turf type tires and tractor powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69"rotary detail mowers for areas between trees and other park amenities. The Director's Representative shall determine height of cut. String trimmers are not allowed for mowing turf. 1.2 Priority Turf Mowing -All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2". In order to achieve a quality cut at this height and not leave clippings the City prefers the Contractor use the following equipment and methods: The Contractor will perform a first cut using a rotary mower with clipping catching capability followed by using a Kubota L5060 tractor equipped with turf type tires and tractor powered Trimax ProCutS3-237 91" rotary mower and a walk behind Jacobsen Eclipse2 reel mower along priority turf areas. Note that the Contractor shall perform quality sport turf mowing and detailing to the Director's Representatives satisfaction regardless of the equipment and methods the Contractor elects to use. The Director's Representative shall direct the Contractor to mow the priority turf lower than 1/2" if necessary. Note that the ball diamond infield maintenance contractor shall be responsible for mowing turf infields, including foul territory turf area, 36" beyond the skinned infield are, and other designated ball diamond turf areas. Infield maintenance shall not be part of this RFP. 1.3 Edging and Detailing Edging/detailing of the entire site shall be performed at the same time mowing occurs. The City prefers that all edging shall be performed with the use of a McLane's edger or approved substitute walk -behind or fixed blade stick edger. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. Edging/detailing may occur with string trimmers around park amenities that are not immediately adjacent paved surfaces. Chemical detailing of turf may occur only with the Director's Representatives approval. If chemical detailing is performed, the Contractor shall spray maximum 3" and use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. The Director's Representative may require the Contractor to use string or rope lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director's Representative shall direct the Contractor to repeat the detail process. Shovel cut detailing shall be repeated a minimum of every 3 months to maintain crisp evenly round lines. The Contractor shall detail turf not greater than 1" away from park amenities walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply sandy loam top soil and an approved turf sod to reduce any existing bare soil areas along walls/fences that are greater than 1". 2.0 Irrigation 2.1 Contractor shall ensure irrigation systems are continually monitored and repaired in a timely manner and per the Director's Representatives direction. The Contractor shall visually check all sites each morning and physically check each sites systems monthly indicating in writing the: 1) site name; 2) the controllers manufacturer, model and serial number; 3) controller letter/number; 4) run days; 5) start times; 6) station run times; 7) water budget percentage; 8) weekly Et; 9) deficiencies noticed; and, schedule to cure/repair deficiencies. 2.2 When an irrigation system does not adequately provide water to the priority turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall direct their staff to immediately provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate priority turf areas. Contractor may also submit AEWs with engineered drawings to improve these areas of the system. Failure to maintain priority turf in a green and healthy condition will result in deductions from the monthly invoice. 2.3 Irrigation System Maintenance 2.3.1 Inspection and Reporting- The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City of Santa Ana Park Services' specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. All other repairs, RCV to meter, shall be repaired and shall be "tagged" using the City of Santa Ana Park Services "tagging" system noting the Company and Irrigation Tech that performed the repair, the date of the repair and the Contractor's and Irrigation Technicians contact information. All repairs shall be warrantied for two years from the date of the approved repair. All head and lateral lines shall be repaired within five days of discovery of malfunction/repairs needed. All other irrigation repairs shall be performed immediately following approval of the work. The Director's Representative shall impose penalties for failure to respond and/or hire a Certified Irrigation Technician to remedy the system. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. 2.3.2 Repairs -The Contractor shall be responsible at his own expense for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The City will be responsible for the cost of materials from the valve to the water meter. The Contractor shall submit proposals to the Director's Representative for extra work to repair/improve the irrigation system from the RCV to the meter. 3.0 Groundcover Care 3.1 The Contractor shall service ground cover/shrub beds on a bi-weekly basis. These areas shall be maintained within their intended bounds and edged and/or detailed to keep the beds looking manicured at all times. Groundcovers shall not be allowed to grow into other groundcover beds, shrubs, vines or on trees. All plant material shall be maintained in an attractive and healthy condition. City of ,4 t ,l; 3.2 Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned immediately following each edging/detailing, including streets. 4.0 Shrub/Vine Care 4.1 Shrub All shrubs shall be serviced every other week. Shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director's Representative. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or toppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. "Box hedged" plants will be required to have all three sides level and straight to the satisfaction of the Director's Representative. In order to achieve straight and level lines of shrubs the Contractor shall run string lines to assure straight pruning. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director's Representative, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director's Representative. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. 4.2 Vine Contractor shall plant 250 per year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director's Representative. The Contractor shall also prune the vine back to the wall to reduce the width and weight of the vine one-time per year in May. The Contractor shall keep vines off telephone poles or other non -wall surfaces at all times. 5.0 Tree Care 2 The Contractor shall perform all tree services per the City of Santa Ana Park Services Tree Services Specifications (PSTSS) up to a height of 15'. All pruning shall be `Complete' per the _- PSTSS (see Attachment 5)- -- _ _- -- _ --- — - 5.1 Tree Service The Contractor shall perform continuous `Complete' tree pruning service including but not limited to raising tree branches to a safe and functional height for the type of activity beneath or around the tree (see Director's Representative for appropriate heights per activity beneath or around trees). In addition, the Contractor shall remove stubs, damaged, diseased or dead branches from trees. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is `Complete' pruned as set forth in the PSTSS (see Attachment 5). In addition, the Director's Representative may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15" and fallen limbs 80 lbs. or less. 5.2 Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. 5.3 Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall dispatch their International Society of Arborist TRAQ Certified Hazardous Tree Professional evaluate the trees and provide a written report listing findings and recommendations. 5.4 Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. ofntt�Qp� 2F 1 17 All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by an International Society of Arborist TRAQ Certified Hazardous Tree Professional approved by the Director's Representative. Contractor shall provide an exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the TRAQ Certified Hazardous Tree Professional determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the TRAQ Certified Hazardous Tree Professional determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire, the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 6.0 Playground/Tot-Lot Areas 6.1 Daily Maintenance - The playground/tot-lots/equipment shall be blown free of debris, sand/wood chips on play equipment, rubberized fall areas and surrounding concrete areas daily. Any sand/wood chips that accumulate on the rubberized surface shall be reused. Sand/wood chips and debris on the playground equipment shall be removed. 6.2 Weekly Maintenance - The Contractor shall loosen compacted sand/wood chip areas, re - grade sand/wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand/wood chips to assure that debris and any other foreign objects are removed, removal of weeds, and remove exposed filter fiber and dispose of. The City shall be responsible for all playground equipment and tot -lot area safety inspections. 7.0 Sport Court Maintenance 7.1 All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. 7.2 Contractor shall continuously replace tennis and basketball nets when they become worn or vandalized. The City shall furnish nets. 8.0 Maintenance and Clear: -Up The Contractor shall establish a Trash Crew to blow down all paved areas, pick-up trash/debris and to empty/clean trash receptacles daily. Daily Maintenance City �S�t� Qp��2FP 17-067 8.1 All trash and debris (twigs, branches, sand, gravel, rock, wood chips, glass, metal, paper, etc.) on the ground or in trash receptacles shall be blown-off/removed from all worksites — landscaped and -paved -areas each -day Monday through—Sunday-before-12:00 p.m. This includes all parking lots, landscape areas, paved areas, street curb gutters, flood control channels, etc. The Contractor shall not blow broken glass or any other potentially hazardous materials into landscape areas. Trash shall consist of all items 80 lbs. or less. All trash receptacles and lids shall be wiped clean with a germicidal product. Picnic shelters, drinking fountains, picnic shelter concrete pads, trash receptacles, concrete or asphalt areas with stains around trash receptacles, park security lights, park benches, walls, ball diamond backstops, ball diamond dugouts, ball diamond and other sport concession areas/patios/perimeter areas and ball diamond bleachers and the pavement beneath them and other park amenities shall be washed/cleaned daily. 8.2 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. 8.3 After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris (80 lbs, or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 8.4 The Contractor shall keep sidewalks and all other paved areas clean and free of any debris, dirt, glass, weeds, leaves, etc. at all times. 8.5 Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 8.6 Non -pedestrian parking lots, top of curbs, gutters, stamped or other enriched hard roadway surface areas, shall be thoroughly cleaned once per week. 8.6.1 The Contractor shall hire a sub -contractor specializing in parking lot cleaning to clean the roadway and parking lots at Centennial Park. The work shall be performed by the sub -contractor in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the sub -contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 8.7 Vacuums, blowers, sweepers, shovels or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be thoroughly cleaned and picked up/removed from the site. All non -pedestrian pavement, curb top/bottom, gutters, etc. shall be thoroughly cleaned. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, loose rock, sand, soil and trash. The City shall approve any equipment that is to be used for cleaning parking lots. Large trash items in excess of five inches length or width, a muddle of smaller items, spills, and any material (including tree/plant material) that creates a safety hazard shall be picked up daily. 8.8 Daily Site Amenity Blowing & Cleaning — Contractor shall maintain site amenities, patios, pool decks, playground equipment, and pedestrian paved areas free of debris. City ofn ` 17-067 Slap tags, tape, string, nails, push pins, wire, etc. shall be removed from, but not limited to, picnic tables, park benches, skate park, walls, planters, pool decks, raised curbing, railing, exterior of buildings, light standards, overhead shelters, etc. 8.8.1 All barbecues shall have ashes, charcoal or any other materials removed once a week Contractor shall paint the exterior of the BBQ's and the post with heat and rust resistant flat black paint whenever rust appears. 8.9 All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director's Representative, the flag is not be in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request from the Director's Representative a new flag. Contractor shall raise the new flag immediately upon receipt from the Director's Representative. 8.10 Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. using any method deemed expedient. The Contractor shall achieve this level of quality using a combination of cleansers, pressure washer, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 8.11 Priority Turf Field Maintenance -The Contractor shall establish a Sport Turf Management crew to specifically perform specified Priority Turf Field Maintenance. 8.11.1 Daily Maintenance Maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Priority Turf perimeter maintenance shall be performed daily. Maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas to remove brick dust, washing off stains and/or all other foreign material. In addition, removal of such as sunflower seeds or peanut shells, so that all areas, including bleachers, backstops, pavement and landscape areas, are 100% free and clean. All debris mentioned above shall be collected and disposed. Blowing debris into turf or adjacent areas is not acceptable. The contractor shall perform irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. The contractor shall maintain level fence line areas using a rock or leveling rake. All Priority Turf Fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with approved USGA mix mixed with Stovers Bermuda Dunes grass seed during the 17-067 2 spring/summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level -playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. 8.11.2 Non-recurring maintenance: During inclement weather the Contractor shall work to reopen Priority Turf Field as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 9.0 Other Requirements 9.1 Weed Control Application Agricultural pest control services shall be supervised by a state licensed/certified agricultural pest control employee or approved sub -contractor. The Contractor shall notify the OC Agricultural Commissioner's Office and the Director's Representative via email a minimum of 48 hours in advance of any pesticide applications. The required information shall be the name of the company performing the application, the proposed pesticides to be applied listing the manufacturer/name of the pesticide, the rate(s) of application, the reentry period and the method of application. Furthermore, the Contractor shall copy the email to the Agricultural Commissioner's Office, thereby, notifying their Inspectors of your sub -contractor's or QAL/QAC intent to apply pesticides. Furthermore, Contractor's sub -contractor or QAL/QAC shall post on A -frame barricades plastic sealed 18"x24" at minimum 300' intervals (where applicable) public notification posters listing the company performing the application, the proposed pesticides to be applied listing the manufacturer/name of the pesticide, the rate(s) of application, the reentry period and the method of application. 9.1.1 Weed Control All hardscape and landscape planting areas (excluding turf areas) shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. The Director's Representative may dispatch City staff or other contractor's to remove/eradicate weeds that reach two (2) inches or greater or when weeds exist in turf areas and are not removed/eradicated immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. 9.2 Work Not Scheduled The Director's Representative may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 17-067 5 10.0 City Inspection The Director's Representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, The Contractor agrees that the City shall; 1) withhold from Contractor's next monthly payment, the City's actual or estimated cost of performing the work; or, 2) hire a contractor or City staff to perform the work not performed and then withhold from the Contractor's next monthly payment the City's actual cost for performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per item specified herein not performed, per day not meeting the specifications during any such inspection. Furthermore, it is not the Director's Representatives responsibility to inform the Contractor when work specified in the specifications was not performed or that deficiencies exist. It is the Director's Representatives responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was perfumed satisfactorily or not. It is the Contractor's responsibility to provide adequate supervision and staffing to perform all aspects specified in this agreement. Should the Director's Representative create Power Point punch lists, essentially performing the Contractor's Supervisor's responsibilities/duties of determine what work needs to be performed in accordance with the agreement specificaitons, the City shall deduct $300 per Power Point punch list from the Contractor's monthly invoice. 2 Consultant Responsibilities: 1.0 - GENERAL- CONDITIONS — - 1.1 Definitions - 1.1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 1.1.4 "Weed" shall mean any undesirable or misplaced plant. 1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mowstrips, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:OOpm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 1.3 Local Office -The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.4 Outside the Scope of Work -Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) -Excavation or re -surfacing of the street -Power failures -Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. R; , ' t 2.0 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan and update OSHA safety training records and employee safety training certificates. 4.0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall: 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. City of 2 5.0 UNDERGROUND ALERT SYSTEMS 5.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48 - hours in advance prior to any excavation work. 6.0 PROPERTY DAMAGE 6.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 7.0 ACCESS TO PRIVATE PROPERTY 7.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner 8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre -approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attaclunent 4). 9.0 TRAFFIC CONTROL 9.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. 10.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 1) the Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 2) certified payroll of employees assigned to the contract areas; 3) organizational chart or equal listing the names, titles, schedules and assignments of all persons working on the project; 4) invoices and packing slips of name, type and quantities of commodities purchased; 5) annual/monthly pesticide use report completed on the City's Excel form; 6) irrigation report including, but not limited to, name of park/facility, location in park/facility, controller letter, station numbers and their description (priority turf, casual turf, groundcover, shrub, annual color) days of week on/off, run times, start times, water budget percent, weekly ET, percent of 'ET City • �.. - 0ft�6 _% + ,09 programmed, a detailed description of system deficiencies and schedule of repairs; and, 7) "green waste" recycling report. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 11.1 The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs and performing the weekly visible irrigation checks and the providing a monthly written irrigation test report by p ark/controller/station. 12.0 SPECIFICATIONS INTERPRETATION 12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations 13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 13.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. 13.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 13.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging f ;r line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 14.0 SUBSTITUTIONS 2 14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 15.0 CERTIFICATION & APPLICATION OF MATERIALS 15.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 15.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 16.0 CONTRACTOR NEGLECT 16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 17.0 CONSTRUCTION EQUIPMENT 17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 18.0 SOUND CONTROL REQUIREMENTS 18.1 The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm naive by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. 1W411-YA Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORK 20.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 21.0 WORKFORCE 21.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 22.0 MATERIALS 22.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. City of Sang QqJFP 17-067 The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical— analysis --where-- applicable recommended --usage- and any --other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 22.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 22.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 23.0 TRASH DISPOSAL AND RECYCLING All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City may allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service.\ City Responsibilities 1.0 CITY -DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority 17-067 3 and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Requirements See -ATTACHMENT 4: ADDITIONAL PROVISIONS City of Sante Qf4EP 4 17-067 ATTACHMENT 4: ADDITIONAL PROVISIONS 1. TERM This Agreement is expected to commence on September 1, 2017 through January 31, 2018 with the option for the City to grant up to three one-year renewal options, at the same fee structure identified in Attachment 3-6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated landscape maintenance. Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited, to the following annual bedding plants as approved by the Director: Spring/Summer — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa Daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or City of �1-45 7-067 vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 4. STA SEED TOPPER TESTING REQUIREMENTS (IS THIS NEEDED) The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perforin by the contractor. 5. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to ajob site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when perfornling visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. City 2Sarlt� �Q441 17-067 ATTACHMENT 5: TREE SERVICE SPECIFICATION 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies and procedures have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 2.0 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. 2.1 Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. 2.2 Complete and Aesthetic Specifications are used when circumstances deem the entire tree needs to be fully pruned and in addition shall be reduced on the perimeter of the tree canopy to provide a formal appearance. Examples of when Complete and Aesthetic pruning may occur are government civic centers, commercial -retail centers, and formal landscapes where uniformity in appearance is required. 23 Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. 2.4 Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. 2.5 Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 3.0 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: 3.1 Proper disposal of all tree debris generated. 3.2 Assuring good traffic control and minimize disruption of the public. 3.3 Assuring adequate safety of employees and the public. Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. 4.0 ISA CERTIFICATION REQUIREMENTS The Contractor shall employee a full-time, permanently certified personnel, as accredited by the International Society of Arboriculture. 4.1 The Contractor shall employee an ISA Board Certified Master ArboristO to oversee the project. The ISA Board Certified Master ArboristO credential is the highest level of certification offered by ISA. This credential recognizes ISA Certified ArboristsO who have reached the pinnacle their profession. In addition to passing an extensive scenario - based exam, candidates must abide by a Code of Ethics, which ensures quality of work. Fewer than two percent of all ISA Certified ArboristsO currently hold this certification. 4.2 The Contractor shall employee an ISA Certified Arboriste-Tree Risk Assessment Qualification (TRAQ) Working/On Site Supervisor to be on site at all times work is in progress to manage the correct pruning of the trees. To earn an ISA Certified Arborist0 credential, you must be trained and knowledgeable in all aspects of arboriculture. ISA Certified ArboristO have met all requirements to be eligible for the exam, which includes t C 'LL, 4 1 1, mice of More years of £till -time, cligivic, practical worn CRperienee :^. arboriculture and/or a degree in the field of arboriculture, horticulture, landscape architecture, or forestry from a regionally accredited educational institute. This certification covers a large number of topics giving the candidates flexibility in the arboricultural profession. TRAQ is an ISA qualification program that trains arborists how to use the methodologies outlined in the ISA Best Management Practices for Tree Risk Assessment. This qualification promotes the safety of people and property by providing a standardized and systematic process for assessing tree risk. The results of a tree risk assessment can provide tree owners and risk managers with the information to make informed decisions to enhance tree benefits, health, and longevity. A Code of Ethics for ISA Certified ArboristsO strengthens the credibility and reliability of the work force. This certification is accredited by the American National Standards Institute, meeting and exceeding ISO 17024. 4.3 All Contractor Working/On Site Supervisor shall be ISA Certified Tree Worker Climber SpecialistO and/or The ISA Certified Tree Worker Aerial Lift SpecialistO. To be a ISA Certified Tree Worker Climber SpecialistO, candidates must have the skill and endurance to climb trees, demonstrate high regard for safety, and be able to get the job done off the ground. This credential is different from the other certifications because you ARE tested in both a classroom setting and a field setting. Candidates must have training in aerial rescue, CPR, and First Aid to obtain this certification. 4.4 The Contractor's employees shall be ISA Certified Tree Worker Aerial Lift SpecialistO when working on trees beneath or in the vicinity of utilities. The ISA Certified Tree Worker Aerial Lift Specialist® requires candidates to demonstrate their ability to perforni 2 as a competent aerial lift operator. The knowledge gained with this certification can improve the productivity, quality of care, and safety practices of those who earn the credential -Along -with -proven knowledge of CPR and -first -aid,, -candidates have been tested on safety procedures, and must be able to complete thorough truck and tree inspection. 5.0 SPECIFIC TREE PRUNING SPECIFICATIONS 5.1 All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. 5.2 All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the 'Electrical Safety Orders" of the State of California, including all amendments and revisions. 5.3 When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. 5.4 All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. 5.5 Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. 5.6 All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. 5.7 All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. 5.8 Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. City of S ;,C,. • 5.9 No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. 5.10 Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. 5.11 Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. 5.12 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. 5.13 Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 6.0 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: 6.1 Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 6.2 Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. 6.3 Remove all broken or loose branches. 6.4 Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 6.4.1 Branches, which rub and abrade a more important branch. 6.4.2 Branches of weals structure, which are not important to the framework of the tree. 6.4.3 Branches, which if allowed to grow, would wedge apart the junction of more important branches. 6.4.4 Branches forming multiple leaders in a single leader type tree. 6.4.5 Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 6.4.6 Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl'. 6.4.7 Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 6.4.8 Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure -- should be removed unless doing so -would severely damage a tree. - - 6.4.9 Removal of branches, which project too far outward beyond an otherwise symmetrical form. 6.5 Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. 6.6 Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 6.7 Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. 6.8 Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. 6.9 Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. 6.10 Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 7.0 COMPLETE & AESTHETIC TREE PRUNING SPECIFICATIONS Complete and Aesthetic tree pruning shall consist of work performed in accordance with the specifications in 6.0 Complete Tree Pruning Specifications and in addition shall include that trees shall be consistently and concisely pruned whereby the canopies are "topiaried" in forms consistent with the species of tree being pruned. In specific cases where a group of same specie trees are present, the group of trees may be required to be "topiaried" all the same size and shape. 8.0 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: 8.1 Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 8.2 Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. 8.3 Remove all broken or loose branches. 17-067 1 8.4 Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 8.5 Limbs of weak structure or otherwise hazardous. 8.6 Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8.7 Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 9.0 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: 9.1 Clear all branches and foliage within ten (10) feet of primary electrical lines. 9.2 Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. 9.3 Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 10.0 PALM PRUNING SPECIFICATIONS Palms shall be pruned at the 10:00 and 2:00 o'clock positions. Palm priming shall consist of the pruning of the following, but not limited to, palms (Syagrus romanzoffiamun (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. 10.1 The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. City nSa�t� QFP 17-067 10.2 The shaping of the palms "pineapple" beneath the fronds to achieve a consistent and aesthetic appearance. 10.3 The removal of all flowers and fruit parts whether dead or alive. 10.4 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. 10.5 Palms, especially, the Canary Island Date Palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. 10.6 All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 11.0 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): 11.1 Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. 11.2 Flushcuttingwhere a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. 11.3 Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch baric ridge. 11.4 Removal of a healthy main leader, for reasons other than power line clearance. 11.5 Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 12.0 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty- eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler systems in City a 17-067 3 landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 13.0 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 14.0 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. 14.1 Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. 14.2 All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. 14.3 Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from anytime restrictions. 14.4 All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 15.0 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. City of S t pqFP 17-067 16.0 TIME FOR COMPLETION - - Ifawardedthis project,, the Contractor agrees to complete the work within -the -time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 17.0 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of the SAPRF. The Contractor shall not be assessed with penalties during the delay in the completion of the work caused be acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. The SAPRF representative will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. 18.0 SUBCONTRACTORS Subcontractors are not allowed without written approval from the City. Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 19.0 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 20.0 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. �1 ATTACHMENT 6: MAPS City of SWt� Q�j� FP 17-067 =427 T V Q� =427 L, w 2d& -IN I qPf Ufm M. .r 44 ` `A, 00,0 `r Atm 2W431 Fla N F' N CONTRACT AREA EM SPORT/PRIORITY TURF AREA 3API LORUiaZ ._—AVE. 1 0! J V 2 IS3 AV V. DI In D �I � V E 2 f(H' 34 12 WCarriageDr t `- ,SCA WGarry Ave Garry AJe 1820 #� m -— �W MooraAve--. p , Me River, Me Trail IAlton Ave BEac&hawk Of Ri'to, €m, rsmk C!r i atza' _ s 25'0'--'41T*'JS5 ur 25f"'fit MOM !� � � � < �� � � \ \ � � # . v <o.� � «� � � � � � %� � .?\\�� \. . m KPI C�Y =v -u1 B If 2 i- 2SD-1 41 I 2ffji'42 ATTACHMENT 7: QUALITY STANDARDS City of Ma U 19 R .o � . x o Jew a- � EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page 1I of 11 2150blBf13 r