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HomeMy WebLinkAbout25C - PARK LANDSCAPE MAINTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 18, 2009 TITLE: AGREEMENTS FOR PARK LANDSCAPE MAINTENANCE SERVICES ,~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached one-year agreement, with four one-year renewal options, with DMS Landscape Services to provide park landscape maintenance services in District 1 in an annual amount not to exceed $261,120, and approve a 5% contingency for unanticipated work for a total annual amount not to exceed $274,176, 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 the attached one-year agreement, with four one-year renewal options, with Merchants Landscape Services to provide park landscape maintenance services in District 2 in an annual amount not to exceed $682,770, and approve a 15s contingency for unanticipated work for a total annual amount not to exceed $787,045, subject to non- substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute the attached one-year agreement, with four one-year renewal options, with Mariposa Landscapes to provide park landscape maintenance services in District 3, in an annual amount not to exceed $424,156, and approve a 5~ contingency for unanticipated work for a total annual amount not to exceed $445,364, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency currently divides the City into four separate park maintenance districts. Districts 1 and 3 are currently maintained by City staff, and are new contract areas. District 2 is maintained by Merchants Landscape Services, and District 4 is maintained by Master Landscape. Due to Park Service staff reductions, these three proposed contracts will allow the agency to keep the parks 25C-1 Agreements for Park Landscape Maintenance May 18, 2009 Page 2 looking green and clean. In addition to the 21 park locations that will be maintained by the contracts, the Civic Center, the Santa Ana Stadium and the Corporate Yard landscape will also be maintained (See Attachment A) The current contract with Merchant's Landscape for maintenance of District 2 is due to expire on June 30, 2009, and the parks covered by this agreement were included in this request for proposal (RFP) process. An RFP for providing park landscape maintenance services was issued and mailed to 13 landscape maintenance contractors. A pre-proposal conference was conducted, and seven vendors submitted proposals for consideration. Merchants Landscape, DMS Landscape Services, Midori Gardens, Mariposa Landscapes, Marina Landscape, Master Landscape, and Vista Del Verde Landscape each submitted proposals for review. Proposals from Vista Del Verde Landscape and Master Landscape were considered nonresponsive. A five member evaluation committee consisting of representatives from the Parks, Recreation and Community Services Agency, Public works Agency and the County of Orange rated the five proposals. Each proposal was evaluated based on the vendor's capability and experience, past performances, and cost of the proposal. The evaluation results and annual award for each district are as follows: Score District Awarded Annual Cost Merchants Landscape 444 2 $787,045 DMS Landscape Services 438 1 $274,176 Mariposa Landscape 405 3 $445,364 Marina Landscape 367 No Award - Midori Gardens 290 No Award - The proposals received from Merchants Landscape, DMS Landscape, and Mariposa Landscape were most responsive to the specification and meet the City's requirements. Merchants Landscape submitted the highest rated proposal and was awarded District 2, the largest District. Although DMS Landscape rated second in the evaluation process, they only submitted for District 1, the smallest district. Mariposa was ranked third and was awarded District 3, the second largest district. The City proposes to enter into a one-year agreement with Merchants Landscape, with four one-year renewal options, for the maintenance of District 2. The annual base contract cost is $682,770. An additional $104,275 is included for unanticipated work, resulting in a total annual contract amount of $787,045. In addition, the City proposes to enter into a one-year agreement with DMS Landscape Services, with four one-year renewal options, for the maintenance of District 1. The annual base contract cost is $261,120. 25C-2 Agreements for Park Landscape Maintenance May 18, 2009 Page 3 An additional $13,056 is included for unanticipated work, resulting in a total annual contract amount of $274,176. Lastly, the City proposes to enter into a one-year agreement with Mariposa Landscapes, with four one-year renewal options, for the maintenance of District 3. The annual base contract cost is $424,156. An additional $21,208 is included for unanticipated work, resulting in a total annual contract amount of $445,364. An alternative to contracting maintenance for these 14 new park sites would be to budget an additional $779,000 to the Parks Services maintenance account in order to pay for the park maintenance staff and supplies needed to maintain these additional properties. FISCAL IMPACT Funds are available in the FY 2009-10 Park Services, Other Contractual Services account(no. 11-250-6291). ~'i~'l!J Gerardo Mouet, Executive Dire for Parks, Rec. and Com. Svcs. APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency ~~ 25C-3 Attachment A Park Landscape RFP Maintenance Areas Districts 1-3 ~ ;District 1 Acreage 1 Cesar Chavez/Campesino 7.5 2 Riverview Park 8.7 3 Rosita Park 8.8 4 Edna Park 2.5 5 EI Salvador Park 11 Subtotal District 1 38.5 1 District 2 --- - Angels Park --- --- -- ~ 1.6 ~ ~ 3 4 ~ II S - 6 7 [3irch Park Cabrillo Parl< _ _ Cabrillo Tennis Center ~ ---- I Fisher Park - ; Maybury Park Morrison Park g 3.5 - 2 1 6 5 ~ 8 Portola Park 9 9 Santiago Park 26 10 Santa Ana Stadium 7 ( 11 , Civic Center 32 Subtotal District 2 102.1 District 3 1 Bomo Koral 10,2 2 Delhi Park 10 3 Lillie King Park 11 4 Madison Park 6 5 Sandpointe Park 7 6 Heritage Park 6.5 7 Santa Anita Park 5 8 City Yard 4 Subtotal District 3 59.7 Total 200.3 25C-4 LANDSCAPE AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 18`x' day of May, 2009 by DMS Facility Services, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high- level park landscape maintenance comparable with standard industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance ofthis Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 1, as set forth in City's Request for Proposal 09-006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, 2009, attached hereto as Exhibit B. Said maintenance includes the basebalVsoftball diamond maintenance, which Contractor has subcontracted to Professional Sport Field Maintenance to maintain baseball fields during the season. DMS will maintain baseball fields during the off-season. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not 25C-5 exceed $261,120.00, plus a five percent (5%) contingency for a total amount not to exceed $274,176.00 annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2009 and terminate on June 30, 2010 unless ter-ninated earlier in accordance with Section 13, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The term may be extended up to four additional one-year terms at the sole discretion ofthe City. 5. 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be 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 non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of 25C-6 the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less 25C-7 than --easonable 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. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: DMS Facility Services 2320 South Pullman Street Santa Ana, California 92705 Telefacsimile (949) 260-1737 25C-8 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by either party upon ninety (90) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. Material Breach: If the Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's 25C-9 expense, as determined by the Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 176. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRIC[A E. HEALY DAVID N. REAM 25C-10 Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney sy: Laura Sheedy Assistant City Attorney City Manager DMS FACILITY SERVICES FRED GONZALES Vice President Tax ID# F.XATRTT A SPECIFICATION FOR ROUTINE MAINTENANCE (. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBIL 1. City -Director's Authority The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub- standard, he may (1) recommend that all or a portion of payment be withheld, and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 2. Contractor 25C-11 a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to performing, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; 4) and equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as available. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern if possible. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 8 25C-12 D. UNDERGROUND ALERT SYSTEM Underground Alert Systems (telephone number I -800-422-4133) must be notified 48-hours in advance prior to any excavation work. . E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. H. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew/task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. I. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EA W) report (see Attachment 6). Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. II. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS 9 25C-13 A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds/landscape maintenance at work sites listed herein, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot-lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Scheduling of Work -Contract Start-up The Contractor shall, within three (3) months after commencement of services, bring all sites subject to this Agreement to the level set forth in the specifications as follows: a) Turf -Aerate and fertilize all turf using Nitra King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. All weeds shall be treated using selective post emergent herbicides until weeds are eradicated. Dallas Grass shall be eradicated using broad spectrum post emergent herbicide. b) Shrubs -Fertilize using Nitrl King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. Diagnose and treat all diseased or unhealthy plants. Prune shrubs. Provide report of diagnosed/treated plants. c) Groundcover -Plant new groundcover every 12" triangular spaced to fill in bare areas. Fertilize using Nitra King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. d) Trees -Prune all trees to specification. Establish tree rings. e) Irrigation -Perform start-up irrigation system check and repair all heads, swing joints and lateral lines, raising and adjusting heads/nozzles as necessary. ~o 25C-14 Provide proposals to perform extra work for valve, main line, field wire, backflow prevention devices, etc. repairs. f) Mulch -Install Aguinaga Black Forest mulch size 0" to 1-1/2" or approved equal ''/z" thick in all planters, designated tree rings and other designated areas. g) Pavement Cleaning -Perform hardscape pressure washing per Section B.2.9.c of routine maintenance specification. h) Contractor understands that it is assuming maintenance responsibility of the parks/locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications, at no additional cost to the City, during the 90 day start-up period. i) Rebuild pitcher's mounds and batters boxes using Hilltopper by Stabilizer Solutions for ball diamonds with sport turf infields. Use Ballyard by Stabilizer Solutions on ball diamonds with skinned infields (with no turf). Batters boxers shall be 3" thick. Pitchers mounds shall be a 3" thick cap of material over a compacted the standard infield mix. Scheduling of Work -Routine Maintenance a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. Work Force 25C-15 a) Contractor's supewisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialist in each district who possesses, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or holds a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each sites irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irrigation checks/report writing and to perform repairs and/or, modifications to the irrigation system. You proposal will be evaluated on the qualifications of this individual and the amount of FTE's you assign to each district. c) The Contractor shall insure that all staff has a minimum of two years of landscape maintenance experience or education. d) The Director may request that the Contractor perform additional work or services to meet the performance standards required by this Agreement. e) Director may require Contractor to remove any employee from work sites at his or her discretion. 4. Materials a) The Contractor shall submit to the Director a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed 12 25C-16 analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 5. 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 (SANG) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed compositors/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. C. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit E. Tnrf ("arr~ Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority Turf (see site maps in Attachment 2 that identify the areas for each type of turf). Note that the ball diamond infield sub-contractor shall perform all maintenance of turf inside the infield arc line. This includes the infield turf and the foul territory turf. a) Mowing All "casual" turf (non-sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November l through April 30. The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. (l) All "sport/priority" turf as described in Attachment No. 2 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/4" to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer/football fields, soccer/football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 3/4" to 1" if necessary. Note that the ball diamond infield maintenance sub- 13 25C-17 contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment l). (2) The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. The Contractor shall mow grasses and broadleaf plants once per month in the Santiago Park Day Camp (Nature Reserve) meadow area. b) Ed~in~ and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. (1) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. (2) The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. (3) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls/fences that are greater than 10". c) Soil Testing Amending/Top Dressing Contractor shall test the priority turf soil once per year in January by a soil- testing laboratory approved by the Director. One soil sample shall be taken at each ball diamond or soccer/football field and one every 5 acres of additional i~ 25C-18 turf area. The Contractor shall take the samples to a soil and plant lab approved of by the Director. The test will be comprehensive and provide a written report on the condition of the soil as well as recommendations of how to improve the soil, soil fertility, and overall health of the turf. After review of the soil reports, the Contractor shall within 60 days, and at no extra cost to the City, perform the work recommended by the soil and plant lab to improve soil health and fertility. Contractor shall mix all soil amendments, at the rates recommended by the soil- testing laboratory, with the Aguinaga "Santa Ana Top Dressing Mix" and apply the amendments and top dress mix. The Director shall verify and approve all soil amendment type, manufacturer, quantities prior to being applied. The cap for amendments and materials shall be $50,000 per year per district, excluding labor and equipment. This cap applies to any turf, causal or priority that the City asks to be amended. d) Fertilization (1) Casual Turf -Contractor shall apply fertilizer four (4) times per year at a rate specified in the City's Agronomic Plan (see Attachment 3) with Nitra King 19-4-4 during fall-winter and Lesco 39-0-0 during spring- summer months. (2) Sport Turf/Priority -Contractor shall apply fertilizer seven (7) times per year per the City's Agronomic Plan" (see Attachment 3) using a complete or approved fertilizer. The rate of application shall be at a rate specified in the City's Agronomic Plan. The Director may request proof of fertilizer application in the form of empty fertilizer bags. e) Irrigation-all turf (1) Contractor shall ensure irrigation schedules are constantly monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he/she shall request approval from the Park Service's Utility Coordinator prior to exceeding 1~ 25C-19 the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements (see Attachment 6). Failure to get approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget will result in the Contractor to pay for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. (6) Should the Contractor not respond to signs of turf stress immediately, the Director, in his sole discretion, may dispatch his own staff to remedy the stress and deduct the cost form the monthly invoice submitted by Contractor. (7) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EAW. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (8) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. California Landscape Contractor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation fl Weed Control-all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre-emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad-spectrum post emergent herbicides approved by the Director. 16 25C-20 g) Replanting-all turf (]) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using La Prim XD (spring/summer) or Stover Seed Grand Slam perennial rye (fall/winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. h) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6". i) Sport/Priority Turf Renovation (1) Once (1) per year during the spring/summer or the fall/winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring/summer - LaPrima XD seed at six (6) pounds per 1,000 square feet in bare areas and four (4) pounds per 1,000 square feet where turf exists; (b) fall/winter -Stover Seed Company Grand Slam see at eight (8) pounds per 1,000 square feet This shall be accomplished by mowing the existing turf down to '/4" followed by verticutting (straight blades) to remove thatch. Prior to seeding the contractor shall have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100%. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. (2) Once per month after the initial seeding process is completed the Contractor shall overseed with at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. 25C-21 (3) The Contractor shall guarantee uniform germination/100% coverage free of non-germinated areas within three (3) months from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Director shall determine sod based on availability/season. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed the first week of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets. b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal, size 0" to l ''/z", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. c) Fertilization The Contractor shall fertilize all groundcover areas four (4) times per year in March, June, September, and December at two (2) pounds of actual nitrogen per 1,000 square feet using a slow release fertilizer using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 per square feet. d) Re lanting -Premium Plant Material The Contractor shall plant each year, in any area determined by the Director, 2" plugs of premium plant species at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. ix 25C-22 e) Replanting -Standard Plant Material The Contractor shall plant each year, in any area determined by the Director, 64 count flats of standard plant species at a appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. Shrnh (~arP a) Pruning/trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or Toppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size as and subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Replanting The Contractor shall plant each year, in any area determined by the Director, 1 gallon standard shrubs at an appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. c) Mulching of Bare Areas 19 25C-23 In all shrub areas where bare soil is visible or where the shrub is thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal size 0" to 1 '/~", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization The Contractor shall fertilize all shrub areas four (4) times per year in March, June, September, and December using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 square feet. 4. Tree Care a) HeiQht/Quality of Pruning In July and August of each year the Contractor shall routinely Class 1 prune atl trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/trimming and Stump Removal Specifications (see Attachment 9). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. b) Stakin , Tying and Gu~g 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. c) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal size 0" to 1 ''/z", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. 20 25C-24 d) Fertilization (1) Cycad and Palms shall be fertilized two (2) times per year in March and September with Nutricote 13-5-11 total 3-stage controlled release palm fertilizer at the manufacturer's recommended rate. e) 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 notify the Director by phone within twenty-four (24) hours. f) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and 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. All trees that exhibit the signs of disease or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. Perennial/Annual Color All perennial/annual color beds shall be maintained and planted/rotated four (4) times per year as detailed in Attachment 5. Annual color is part of the base bid and not part of the plant cap. For every rotation 150 flats are planted in annual planting areas. Vine Planting, Establishment and Maintenance 21 25C-25 a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building 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. See Attachment 7 for plant cap. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 7. Weeds, Disease and Pest Control a) Weed Control All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Control (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his/her expense using the safest and most expedient method. (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman 1 Hybrid Bermuda (during spring/summer) and 22 25C-26 Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall/winter). 8. Irrigation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation & Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation & Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. c) Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with the Utility Coordinator to review the City's Monthly Water Conservation Report (see Attachment 6) to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. z; 25C-27 (2) When the Utility Coordinator determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. In the event the controllers are not activated within 24 hours the City may charge Contractor all staff cost incurred by City to activate controllers. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray/runoff into street right-of--ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The Director will be responsible for repairs to the irrigation system from the valve to the water meter. 9. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once a week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, trash, sand gravel, and worn asphalt. The City shall approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. za 25C-28 c) Pavement cleaning -Contractor shall perform pressure washing monthly to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc. d) Site amenity cleaning -Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be cleaned every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Following cleaning the Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint. e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and/or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. f) Drinking fountains shall be clean, sanitized and unplugged every day Monday through Sunday. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove any mineral build up, algae, stains, etc. so the drinking fountain is 100% clean and polished. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 10: Playground/Tot-Lot Areas a) The Contractor shall provide maintenance of all playground/tot-lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re-grading sand areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that debris and any other foreign objects are removed, removal of weeds, removing sand on sidewalks surrounding the playground/tot-lot, eliminating berms 25 25C-29 (including pre-existing) in the turf surrounding the playground/tot-lots (high pressure water blasting or sod cutting, leveling and re-sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand and debris daily. Any sand that accumulates on the rubberized surface shall be reused. Sand and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot-lot area safety inspections. 11. Ball Diamond Maintenance The Contractor shall retain asub-contractor to provide ball diamond infield maintenance as set forth in Attachment 1. IT IS THE INTENT OF THIS AGREEMENT THAT THESE FACILITIES BE MAINTAINED SO THAT PLAYER SAFETY AND THE QUALITY OF PLAY ARE CONTINUOUSLY ENHANCED. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas/hosing down areas using a high pressure nozzle to remove brick dust, stains and/or any other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean. b) Daily Outfield Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent '/z" layer of brick dust in these areas. 26 25C-30 c) Weekly Maintenance 12. 13 (1) Contractor will then edge crisp straight lines and a track meets the sport turf. d) Annual Maintenance the fence lines and warning track to achieve smooth crisp arc where the brickdust warning (1) Top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. e) Non-recurrin,~ maintenance: During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. Soccer /Football Field Maintenance a) All soccer/football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with #20 white silica sand mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide alevel-playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. c) Annually, the Contractor shall top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf sport turf maintenance and inspection. The field shall be maintained daily Monday through Friday per the Synthetic Turf Maintenance Specifications (see Attachment 4). Maintenance will include grooming and cleaning the field using grooming equipment provided by the City. The field shall be inspected every day Monday through Friday. Contractor shall remove all debris from the field upon discovery. Sport Court Maintenance a) All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. 27 25C-31 b) All sport Courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 14. General Maintenance and Clean-up For All Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all landscape areas, paved areas, street curb gutters, flood control channels, etc. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris, such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. e) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 15. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor in writing. 16. Special Maintenance a) Annual City Employee Picnic at Birch Park -Once per year in August or September the City holds their Employee Picnic at this park. On the day of the picnic the Contractor shall provide one (1) Leadworker and two (2) employees to help maintain the park during the course of the event. The event generally starts at 10:00 am and ends at 2:00 pm. Maintenance duties during the event shall include, but not be limited to, trash and litter pick-up, emptying trash receptacles, cleaning up spills, washing down areas, brooming off areas, etc. 28 25C-32 b) Downtown Civic Center Grounds and Landscape -The Downtown Civic Center Authority Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." Tn addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product Monday through Friday. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. (5) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or loppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All trees below l5' shall be pruned monthly using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) Replace all 52 state flags in the Plaza of the Flags in January in July of each year. Flags to be provided by City. d) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue and is recognized as one of the best amateur athletic sporting facilities in the county. Because of the number of people that visit the Stadium each year the classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. 29 25C-33 (1) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, sidewalks, parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. (2) All site amenities, including but not limited to, signage, player benches, hand railing, goal posts, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product daily seven (7) days per week (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or toppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (5) All trees below 15' shall be pruned monthly using hand shears and toppers. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All grandstand bleachers shall be inspected daily and if necessary wiped clean so they are free of dirt, stains, markings, etc. e) City of Santa Ana Corporation Yard -The Corporate Yard is the city's maintenance operation center. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) All trash receptacles shall be emptied daily five (5) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (2) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 17. City Ins ep ctjop ~o 25C-34 a) The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park not meeting the specifications during any such inspection. iII. EXTRA WORK it is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. it is also the City's intend to continuously improve parks and public recreational sites until they are the best in the county. It is with these intents in mind that the Director may consider authorizing extra work. A. Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (I) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re-surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must demonstrate to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. B. Requests for Extra Work -The Director may request that the Contractor submit proposals for extra work in order to improve the grounds-landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Attachment 8). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to requests materials/equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 31 25C-35 32 25C-36 ATTACHMENT NO. 1 SUB-CONTRACTOR BALL DIAMOND [N-FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C-27 Contractor specializing in Ball Diamond In-Field Maintenance shall provide in-field brickdust maintenance for nine (9) Baseball/Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 2. ] Riverview Park 2.1.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.1.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infields. 2.1.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 2.1.4 One (1) T-Ball Little League diamond with sport turf and brickdust infield 2.2 Rosita Park One (l) 60' base path Major Little League diamond with skinned brickdust infield. 2.3 El Salvador Park 2.3.1 Two (2) 60' base patch Little League diamond with skinned brick dust infields. 2.3.2 Three (3) base patch T-Ball diamonds with skinned brick dust infields. ] 0 Total diamonds at 3 park sites. 3.0 Schedule of Work to be Completed 3.1 Riverview Park 5 Days per wk, Feb ls` to July l5`n Minimum 1 Day per wk (in-house crews) July 16`h to Jan 31 sc Rosita Park 5 Days per wk, Feb l sr to July 15"' Minimum 1 Day per wk (in-house crews) July 16`" to Jan 3151 El Salvador Park 5 Days per wk, Feb 15Y to July 15`x' Minimum I Day per wk (in-house crews) July 16`" to Jan 315L 33 25C-37 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In-fields. 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951) 279-1095. 4.2 Pitchers Mound/Home Plate/Basepath Areas 4.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate base-path area, where a sport turf infield exists, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix by Stabilizer Solutions. 4.2.2 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, where a skinned infield exists, the specific type of material to be used is: Ballyard with Stabilizer by Stabilizer Solutions. 5.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 5.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drabs 5.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be ''/z" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal `'door-mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 34 25C-38 5.3 Other Equipment 53.1 Hand Tamp: 20 Ib. variety with 48"min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 5.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. 5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1"top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 5.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy-duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on-hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 6.0 Meetings 35 25C-39 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am - S:OOpm, Monday - Saturday. 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the day/week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for °`Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.1.2 Contractor shall keep brickdust and dugout areas in a weed free condition. 7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they are 100% free of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in-field and re-install after all work on in-field is completed. 7.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep/Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 36 25C-40 7.3.4 Ina 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 7.3.5 Backfill "mound-mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 7.3.7 After tamping and compacting the "mound -nix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate/batters box area utilizing dry "mound mix" fo-• this purpose. Do not cover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix". 7.5 General Brickdust Skinned Intield Areas 7.5.1 After raking/shoveling loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & 1-B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 37 25C-41 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll-up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water one (1) time per week. NO brickdust shall be permitted on the turf edges at any time.If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is ''/2" or greater) in any turf/brickdust border area infield to brickdust, base- paths or brickdust to outfield), contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in-field boundaries with a string line or suitable method and re-sod up to the border to remedy the situation at contractors expense. Pre-existing conditions shall be corrected during contract start-up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of '/a" minimum. 8.0 Rainy Weather/Wet Field Procedure 8.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using apump/sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. ~s 25C-42 9.0 Work to be Completed "BI-MONTHLY" 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarited and cut and leveled areas to a '/z" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 10.0 Work to be Completed "ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10.1.2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony/Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.1.3 ~ In addition, contractor shall install 1/2" new Gail~Materials "Pro-gold with Stabilizer" (brickdust) to in-fields at all diamonds (minimum 26 tons per Girls Softball/Major Little League Field and minimum 40 tons per Junior/Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little League Field and 2 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 39 25C-43 Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. (This will be considered extra work.) Note: City of Santa Ana use's the Hollywood base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 1 1.2 Replace Bases as directed. (This will be considered extra work.) Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 1 1.3 Replace or Remove/Level/Re-Install home plates as directed. 1 1.4 Replace or Remove/Level/Re-Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line/arc. Infield turf shall be mowed three (3) times per week February -August and one (1) time per week September -January. 12.1.] Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between '/z" and 3/4" per staffs direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.21nfield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. ~o 25C-44 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 12.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.23 infield turf shall be fertilized one (1) time per month February apply Nitro King 22-4-4 and March, April, May, June, July, August, September apply Turf Supreme 16-6-8 at a rate of one (1) pound of actual nitrogen per 1,000 square feet of turf. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically ``burning" the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator two (2) times per year, in January and July. All cores shall be removed. Dragging of cores is not permitted. 12.4 [ntield turf shall be kept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.7 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to '/4" high immediately following verticutting; 3) overseeded during spring/summer with LaPrima XD Bermuda Seed at a rate of 8 pounds of seed per 1,000 square feet and fall/winter -Stover Seed Company Grand Slam seed at eight (8) pounds per 1,000 square feet; and, 4) top dressed immediately following seeding by Aguinaga Materials using "Santa Ana Top Dress Mix." ai 25C-45 12.8 All infield turf edges including the arc skin line, base paths, pitchers mounds, etc., shall be edged one (1) time per week. The edged lines shall be straight and, where curved lines are required, the arcs will be a true radius. 13.0 General Contract Provisions 13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. 42 25C-46 43 25C-47 ATTACHMENTS City of Santa Ana, Park Maintenance Agromonic Plan 2008 Trt Application dates T e Maintenance Descri tion unit of measure 1 Januar G Winter Fertilization lb 2 Feb 15 -March 15 G Late Winter Fertilization ]b 3 Aril G S rin Fertilization SCU lb 4 June G Fertilization SCU lb 5 Au ust G Fertilization SCU lb 6 October G Fall Fertilization Fall lb 7 Late Nov Early Dec G Late Fall Fertilization lb IPM and Misc A lications A Januar L Preemer ence Crab rass Control 1st a oz B Januar G Fertilization with reemer ent lb o tion C All ear L Back ack S stemic BL Weed Control as needed fl oz. D A r & Oct L General BL Weed Control as Needed fl oz E Mid April L Preemer ence Crab rass Control 2nd a p. oz F Mid A ril L 0 tional Pre and earl Post Crab Control oz in 5 oz ouches G Mid A ril G 0 tional Pre and earl Post Crab Control lb H Mid A ril G 0 tional Pre and earl ost Crab Coltrol lb I Aril - Ma L Sed e Coltrol as needed oz J June - Au ust L Sed e Su ression as needed oz K Ma -June G Grub revention lb L Ma -October L Spurge and black medic preventative contactpostemergence (fl oz M Ma June L Grub reactive N All ear L Coltrol Of Oxailis as needed fl oz 0 Au -Oct L Kiku u rass 2 to 3 a s 4 weeks a art P Jul -Oct L Postemer ence Crab rass Control fl oz Au - Se t. L Preemer ence Poa annua Control oz R Au - Se t. G Granular 0 tion Pre oa annua control lb S Au - Se t. G Granular 0 tion Pre oa annua control Ib T Nov -Dec. L Postemer ence Poa Control fl oz ORNAMENTAL PROGRAM Trt Application dates T e Maintenance Descri tion unit of measure 1 At color chap e G Fertilization of seasonal color 75 oz/SF 2 Jan -Dec. G General shrub and round cover fertilization lb 3 Jan L Pre emer ence bed weed control-broadleaf oz 4 Set L Preemer ence bed weed control-broadleaf oz 5 Jan L Preemer ence bed weed control- rases oz 6 Set L Preemer ence bed weed control-grasses (oz) as 25C-48 7 Jan and Se t. G Ornamental bed, broadleft and rass weed control o lion IPT and Misc. A lications 1 Mar -June L Post emer ence rass control as needed fl oz) 2 Ma & Jul L Pre emer ence sed e control as needed fl oz 3 As needed G Snail and slu control oz 4 Jan-Dec. L Post emer ence non-selective s stemic weed control oz 5 Nov -March L Post emer ence non-selective contact weed control fl.oz A Jan - A ril L A hic, Whitefl other suckin insects oz 100 al B Jan -March L Olive Fruit control fl.oz 100 al -at color chap e C As needed L Insect control eneral fl oz 100 al D As needed L Insect control eneral al 100 al E As needed L Mite control fl oz 100 al F Aril - Au ust L White fl control on Hibiscus X losma fl oz 100 al G As needed L Powder mildew control as needed fl oz 100 al H All ear L Phytophthora root rot and overall chlorotic plants (fl oz/100 al PLANT GROWTH CONTROL J <48 hrs after shear L General lant material as needed fl oz/100 al K <10 d after shear L Iv , ~asmine, hone suckle fl ozj100 gal) i/park services/park operation/poadm/excell/irvine agromonic plan 2009 45 25C-49 ATTACHMENT 4 Infrnducfinn Synthetic Turf Maintenance Specification This specification shall explain the procedures necessary for maintaining the synthetic turf fields at the Santa Ana Stadium and the Centennial Park, Dan Young Soccer Complex. I. Cleaning and Stain Removal A. General Dirt Rain is a natural field cleaner. Rainfall cleans the turf fibers of dust, pollen and airborne chemicals. [n areas where rain is not sufficient enough to remove embedded dirt, the Contractor shall saturate the surface of the synthetic turf field until contaminants are flushed through the turf. Embedded dirt shall not be removed by mechanically sweeping the field. B. Rubbish Rubbish Removal Paper, peanut shells, sunflower seeds, athletic tape, paper, etc., shall be removed daily from the synthetic turf surface. A sweeper is satisfactory for lifting paper scraps, food debris and loose trash from the surface as well. Sweeping the field should be accomplished as soon as possible after an event. The sweeper should have synthetic fiber bristles such as nylon or polyolefin. The minimum brush length should be 2.0". The brush should contain no metal. (Metal bristles or fibers can create a safety hazard if individual bristles break off and become lodged in the turf or rubber fill). The brush setting should be checked often. The actual setting depends on the model and type of sweeper. The sweeper will work best when the brush is set so it just touches the tips of the fibers of the turf. DO NOT SET THE BRUSH SO LOW THAT IT DIGS INTO THE TURF PILE, THE FILL MATERIAL OR THE TURF BACKING. A brush setting that is too low can damage the artificial grass and adversely disturb the fill. Do not use a mechanical sweeper during the heat of the day if the temperature exceeds 90 degrees F. C. Vehicles Vehicles are not allowed on the field at any time. Only approved off-road type equipment may be driven on the field. The Contractor shall use caution not to spin the tires, turn sharply, or in any way maneuver the piece of equipment where it will damage the synthetic turf. Oil and Fuel Spills Oil and fluid spills can discolor and even damage the artificial grass. Proper equipment maintenance shall be observed. Battery acid and most other fluids should not be allowed on the 46 25C-50 artificial grass. Never change or add fluids to equipment while the equipment is parked on the artificial surface. D. Stains The Contractor shall be responsible for removing stains on the synthetic turf. Polyethylene fibers are stain resistant fibers because most stains are moisture borne and polyethylene, a "hydrophobic" yarn, absorbs little moisture. As a result, a "stain" on a synthetic turf field is not a true "stain"; rather, it is generally dried residue of foreign matter, which must be quickly and thoroughly removed. It is best removed while still moist and thus before it has dried on the fibers. These residues can generally be removed with water or soap and water. Remember, it is much easier to clean a fresh spill before it has time to dry and harden. Remove any deposit promptly using a putty knife or similar tool. Then soak up excess liquids with paper or cloth towels or rags. "Water Based" Stains or Residues: Stain Procedure for Removal 1. Scrub the area with soap and water. Use a stiff fiber brush for maximum agitation. Acid, Alkali, Beer, Blood/Mucus, Catsup, Coffee, Colas and Soft Drinks, Disinfectants, Standard Dyes, Food Coloring, Fruit Juice/Gatorade, Glue, Hot Chocolate, lce Cream, Latex Paint, Milk, Mustard, Tea, Urine, Water Colors 2. Rinse the area thoroughly with clear water to remove all traces of soap. 3. Dry with absorbent towel, if necessary. Note: A three percent (3%) solution of ammonia in water may be used in lieu of household detergent for stubborn residues or stains. Stubborn or Oil-Based Stains Stain Procedure for Removal Crayon, furniture polish, lipstick, cooking oil, rubber cleat marks, shoe polish, suntan oil, ballpoint ink Sponge with dry cleaning solution (perchecloroethylene). Soak up with absorbent towels. Flush with water. Oil paints Soak up or blot immediately. Sponge with turpentine ~or paint remover (apply sparingly). Blot with detergent and water. Re-sponge with cold water to remove detergent. Scrape excess. Sponge with perchloroethylene (dry cleaning solvent). Repeat the above as necessary. Nail Polish Sponge with acetone. ~~ 25C-51 Paraffin Wax Scrape excess. Sponge with dry cleaning solution. Tar and Asphalt Scrape excess. Sponge with dry cleaning solution. Note of Caution: Mineral Spirits, MEK, acetone and other petroleum-based solvents are highly flammable. Do not smoke or permit flames near containers or near solution when in use. Be sure the area is well ventilated. Animal Waste: Remove if necessary. Neutralize residue with of white distilled vinegar in an equal amount of water. Flush thoroughly with water after application. Chewing Gum: Freeze the gum by applying ice or spray with and scrape to remove residue Fungus, Mold, Mildew and Other Infectious Growths: The Contractor shall apply one (1) time per month an approved germicide to control infectious diseases such as, but not limited to, virus, bacteria, parasites, etc. The Contractor shall also apply as necessary approved chemicals to control fungus, mold, mildew, etc. Use cone-percent solution of hydrogen peroxide in water. Note: Do not use high-pressure water spray with stream force in excess of 250 psi as this can damage the turf and displace the fill. II. Minor Repairs The Contractor shall be responsible for damage to the synthetic turf caused by his negligence. The Contractor shall not be responsible for damage to the synthetic turf caused by others. Should the synthetic turf be damaged by others the City may request from the Contractor a proposal to make repairs. Note: Do not cut, seam, sew, remove or in any way attempt to repair major artificial grass damage. If extensive damage occurs, contact your Sports Technology International dealer assistance. as 25C-52 ATTACHMENT 5 .tN'~I.';~; CO.t)~ I'L~1'('1'ti(~ A~"~) :1~1:1IN'1'~,:~."~N('~: S'~C~'ICA"1'i)N 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, 1:2:2 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 rernoved from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: • Spring/Summer -April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then 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. 49 25C-53 ~~ 25C-54 Plant Cap Attachment No. ite 2" Plugs Shrubs, 1 Gal Ground Cover 64 Ct Flt Vines, 1 Gal 1 Cesar Chavez/Campesino 100 50 0 200 2 Riverview Park 200 100 25 200 3 Rosita Park 1,000 200 0 200 4 Edna Park 1,000 50 0 200 5 EI Salvador Park 200 200 0 100 Subtotal District 1 2,500 600 25 900 Note: This plant cap is an annual plant cap for each district. Plants that die as a result of Contractor's negligence are not applied to this plant cap. Where Contractor can show that vandalism was the cause of the plants death, City will assume cost of replacing (excludes vines). City can elect to install plants in existing bare areas, or new construction areas. Standard Plant Costs 64 Ct. 5 gal $8.84 Flat $9.95 1 gal $2.95 Plugs $0.40 Plants costing more than standard plants shall be considered premium. City will pay only the incremental difference between a standard plant and the premium plant. 51 25C-55 ATTACHMENT 9 TREE PRUNING SPECIFICATIONS 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best 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 have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. s2 25C-56 Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714/571-4212 Office or 714/231-6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee afull-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. 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. 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. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. 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. 53 25C-57 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. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a 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. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (l6) feet above the paved surface of the street, fifteen (] 5) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches, which rub and abrade a more important branch. 2) Branches of weak structure, which are not important to the framework of the tree. 3) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 4) Branches forming multiple leaders in a single leader type tree. 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. sa 25C-58 6) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl". 7) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 8) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 9) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. Clear all branches and foliage within ten (l0) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. ss 25C-59 d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: - Limbs of weak structure or otherwise hazardous. - Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. - Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI 2133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. ~6 25C-60 b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (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. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler 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. 57 25C-61 1.1 1 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. b. 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. 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. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI 2133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION ss 25C-62 If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to 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. 1.16 SUBCONTRACTO 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 perfor-n work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.17 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.18 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.19 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 59 25C-63 This information is vital to maintain the city's computerized tree inventory and management system. 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.O1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 SPECIFICATIONS INTERPRETATION The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the SAPRF sole discretion, and the Contractor shall abide by all such interpretations. 2.03 EXTRA WORK [n the event the Contractor is required by the City to perform extra work, the following procedure shall govern such work: a. When required, by the SAPRF representative, an itemized estimate of cost will be submitted for approval prior to work being performed. The Contractor shall maintain records sufficient to distinguish the difference between direct cost and extra work. He shall furnish reports of extra work on forms, agreed upon and approved by the SAPRF representative, itemizing all costs for labor, materials and equipment rental. The report shall include hours worked and be in accordance with the following conditions: 1. Work will be executed under the direction of the SAPRF on a time and material basis or an agreed lump sum price depending on the nature of the work. 2. The SAPRF representative will issue a work request for such extra work to be performed. 3. Extra work will not be initiated without written authorization, except in emergency call-out situations. The SAPRF representative will solely define specific emergency situations. 4. Extra work may include, but is not limited to, the following: a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged by Contractor. 2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 60 25C-64 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. [f the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.05 CONTRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full-time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z 133.1-1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.06 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.0? CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at his/her cost. 2.08 CONTRACTOR NEGLECT 61 25C-65 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.09 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.10 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.1 1 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage fro-n such equipment. 2.12 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.13 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether e-npty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, 62 25C-66 all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.14 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from any amount due to Contractor from SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or SAPRF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately ofthe reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative ,the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.15 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 63 25C-67 64 25C-68 EXHIBIT B DMS FACILITY SERVICES PROPOSAL 6~ 25C-69 April 6, 2009 ',\ Robert Carroll Parks, Recreation and Community Services Agency Budget and Accounting Section M-23 888 W, Santa Ana, CA 92701 Regarding: City of Santa Ana Parks Dear Robert, FAC/L/T Y SERV/CES 2320 South PuNman Street Santa Ana, CA 92705-5507 (949) 975- 7 366 (800) 662-2599 FAX X949) 260-7737 DMS Landscape Services [DMS] is pleased to submit our bid for monthly landscape maintenance at the above-referenced project. Please note this bid proposal is based on our specifications described in Exhibit "A" attached. All labor, materials, equipment, dump fees and supervision are included in the bid price. DMS proposes to utilize a qualified landscape management crew to perform required landscape maintenance tasks. An irrigation tech and area supervisor shall support the landscape management crew. The irrigation tech shall service and monitor the entire irrigation system on a regular basis. He shall be responsible for any repairs and adjustments necessary. An area supervisor shall be available for crew direction, quality control and interaction with management. As with all of our accounts, I shall also oversee the management of the landscape. Total Yearly Fee: $371,800.00 Enclosed please find one (1) original and (8) copies of vendor executed contracts. Should DMS be chosen to provide landscape services for your property, please sign and initial both contracts and exhibits where indicated. When fully executed, please return both copies and we will return a fully executed copy for your records. Thank you for the opportunity to bid this project. Should you have any questions or if we can be of further assistance, please do not hesitate to contact our office. Sincerely, ~~--~ ~~',~` ~, ~'eff Williams vAssistant Landscaping Manager DMS LANDSCAPE SERVICES JW/nv 25C-70 ,i FAC/L/TY SERV/CES ABOUT DMS LANDSCAPE SERVICES A HISTORY OF SERVICE In 1992, DMS Landscape Services began. Today, we offer consulting, design, new installation, renovation and maintenance for client projects ranging from small properties to those involving hundreds of acres. Our certified arborists, pest-control advisors and applicators, water-irrigation auditors, certified nurserymen, design staff and maintenance technicians provide our clients with the expertise needed to tackle and support the most challenging landscaping projects. WE'RE LOCATED NEAR YOU With offices strategically located in Southern California, and Northern California, we are ready to serve your needs. Southern California • Los Angeles County • Orange County • San Diego County • Inland Empire GROWING TO MEET YOUR NEEDS With more than 100 landscape professionals at three different locations, we can work with you to create a landscape plan that will improve the appearance -and value - of your property, both now and in the years to come. Our services include: • Complete landscape service, from planning and design to routine maintenance • Irrigation system installation, repair and maintenance • Complete turf and groundcover care and management • Tree care, including proper pruning, thinning and lacing techniques • Custom seasonal-color designs for your property's focal points • Specific recommendations for problem areas • Fertilization and pest control using injection and root-feeding techniques • Quality lab work for tissue and soil testing, when needed • Arborculture management • Irrigation water audits and report management • Interior plantscaping PEOPLE SERVING PEOPLE At DMS Landscape Services, we are landscape managers -not simply maintainers. Working in partnership with you, we can design, install and maintain your landscaping -giving you one less thing to worry about. We'll help you add curb appeal to attract potential customers; improve your property value; and save you time, money and hassles. 25C-71 I FAC/LITYSERV/CES Why choose DMS Landscape Services? DIVERSITY We can do it all. From soil testing to tree care to seasonal color, we can be your one-stop source for all your landscape needs. Because we're experienced in serving clients in many areas, including office & industrial, hotels, hospitals, property- managementand more, we know what it takes to successfully create and maintain the landscaping you desire. • ATTENTION TO DETAIL We anticipate potential trouble spots before they become headaches for you. By including troubleshooting ineverything we do, we can prevent small problems from becoming large -and costly. • INNOVATION We pride ourselves on our proactive -not reactive -service. If there's something we can do to make your property more attractive, we'll suggest it. If there's a better way to do something, we'll do it. W e manage the landscape, not just maintain it. We also are committed to creative water management and conservation in an effort to reduce your costs while still realizing the full potential of your landscaping. COMMUNICATION We're available when you need us - 24 hours a day. You'll have one customer-service representative who knows you and your particular needs. And our key personnel are equipped with pagers and radios to stay in touch. • ONE-STOP SERVICE Imagine not having to call several different companies to have your landscape designed, installed and professionally maintained, year after year. We offer everything you'll need -with one phone call. • COST EFFECTIVENESS We pride ourselves on providing top-quality service at a competitive price. Working within your budget, we can create and maintain landscaping you'll be proud of. And with DMS Landscape Services, there are never any hidden fees. You'll know your costs up-front, including the cost of ongoing maintenance. We offer several custom-payment options to choose from, too. PEACE OF MIND Two of our client's biggest concerns are safety and insurance. DMS Landscape Services, in addition to being licensed and bonded, carries the most comprehensive insurance coverage available. We also meet the most stringent safety requirements in the industry. In addition, we hold regular safety meetings with all field personnel, run byour in-house Risk Management staff. All this helps provide a safe, cost-effective working environment. Were just a phone call away... Working with DMS Landscape Services is easy. Our step-by-step program ensures a smooth and painless transition. Visit our web site at www.dms-services.com for more information and for the location nearest you. We'll sit down with you to identify your landscaping needs and develop solutions. Let us help you customize a landscaping plan to satisfy those needs for years to come. 25C-72 Fred Gonzales -General Manager Landscape Division FACILITY SERVICES Fred has been in the landscape industry for over 25 years. He started his career as a worker and has worked his way up with strong leadership skills, and his ability to manage crews. Fred is a California State Certified Contractor C-27 and a Qualified Applicator. His experience covers the entire spectrum of the landscape industry. Areas of expertise include: irrigation repairs, programming of controllers, trouble shooting, chemicals and pesticides, turf renovation, payroll, managing profit and loss, scheduling crews, billing, and has excellent customer services skills. He oversees over 80 employees in Los Angeles, Orange, Riverside, and San Diego counties. Fred has been with DMS since 2004. Jeff Williams -Assistant Manager Landscape Division Jeff has been in the landscape industry since 2003. He began his career as a "Smart Timer Specialist" because he wanted to make an impact on the run-off that is polluting the ocean, and continues to further his education by working towards becoming a Certified Arborist with the ISA. Jeff's knowledge of "Smart Timers" and the programming is top in the industry. He has trained landscape contractors on the technology and installed over 1000 controllers. Since joining DMS in December 2008, he has taken on sales and business development. Jeff has extensive knowledge in sales, irrigation repairs, "ET" based technology, water management, and believes in exceeding customer expectations. Prior to join the landscape industry, Jeff was a golf teaching professional with the PGA of America. Ramiro Herrera -Landscape Supervisor Ramiro has been involved in the landscape industry for nearly 30 years. He started his career as a laborer and has progressed through the ranks to his current position as Landscape Supervisor. Ramiro has experience in all areas of landscape including: irrigation repair, maintenance, basic tree trimming, and manages over 20 employees. Ramiro manages the City of Yorba Linda, City of Corona, Amblin, and several other key accounts. He is a very conscientious and sincere person who is committed to providing excellent customer service. Ramiro has been with DMS since 1996. 25C-73 FAGLITYSERV/CES Victor Garibay -Landscape Supervisor Victor grew up in the landscape industry, and since 1995 has continued to learn all aspects of landscaping. Victor has his ClAL license, is a Certified Irrigation Tech, Water Management certified, and is working towards his Arborist license with the ISA this year. He started as a laborer, moved into a foreman position, became a spray tech, and is now a supervisor overseeing The Irvine Company portfolio. His knowledge of landscape makes him a valuable asset to the DMS family since May 2008. 25C-74 I FALL/TYSERVICES DMS Landscaping Account Management Andre Nicassio IL Managing Partner Ontario Div. Ramiro Hererra Lucy Salgado Administration - Ramiro Hererra Supervisor Catalino Sanchez Lead Irrigator Frederico Avalos Irrigation Tech Fred Gonzales Vice President/GM Operations Jeff Williams Assistant Landsca Nelie Vasquez C pe Manager ustomer Service Victor Garibay II II Elijio Onorato Supervisor Supervisor Juan Monroy Irrigation Tech Paulino Alejo Spray Tech Elijio Rodriguez Irrigation Tech San Diego Div. Javier Sandoval 25C-75 I FALL/TY SERVICES DMS LANDSCAPE SERVICES LIST OF REFERENCES CITY OF YORBA LINDA P.O. Box 87014 Yorba Linda, California 92686-8714 Contact: Brian Waterbury Phone #: (714) 961-7170 CITY OF CORONA 815 W. Sixth St. Corona, California 91720 Contact: Art Groeneveld Phone #: (951) 736-2241 THE IRVINE COMPANY 7575 Irvine Center Drive, Ste. 250 Irvine, California 92618 Contact: Clint Collins Phone #: (949) 720-4424 TOYOTA MOTOR SALES U.S.A., INC. JORGENSEN FACILITIES SERVICE 19001 South Western Avenue Torrance, California 90509 Contact: Renetia Campbell Phone #: (310) 468-4085 MAGUIRE PROPERTIES WELLS FARGO BANK 333 City Boulevard West, Ste. 230 444 S. Escondido Orange, California 92868 Escondido, California 92025 Contact: Krystal Hoang Contact: Tom Williams Phone #: (714) 456-2622 Phone#: (619) 688-2837 25C-76 FACILITY SERV/CES INSURANCE COMMERCIAL GENERAL LIABILITY Insuring against Bodily Injury, Property Damage, Personal Injury and Advertising Injury $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury Aggregate $1,000,000 Each Occurrence BUSINESS AUTO LIABILITY Any Auto $1,000,000 Bodily Injury and Property Damage, Combined Single Limit. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC: Statutory Workers' Compensation EL: $1,000,000 Each Accident $1,000,000 Disease -Policy Limit $1,000,000 Disease -Each Employee CATASTROPHE LIABILITY $5,000,000 Each Occurrence $5,000,000 Aggregate EMPLOYEE DISHONESTY $500,000 25C-77 EXHIBIT "A" TURF MAINTENANCE FAC/L/TYSERV/CES 1. Maintain all turf areas in healthy and attractive condition by weeding, mowing, trimming, edging and other necessary operations including fertilization, pest and disease control and replanting or reseeding as necessary. 2. Mow and edge all turf areas weekly, remove and dispose of all cuttings. Trim around all sprinklers to provide maximum water coverage. 3. Irrigate as necessary in order to maintain proper growth and appearance. 4. Maintain lawn areas in a weed-free condition using either manual or chemical methods. 5. Fertilize lawn areas with a slow release, well- balance fertilizer a minimum of four times per year to maintain a lush, green appearance. 6. Turf areas adjacent to walk, curbs, paved areas, fixtures and shrub or ground cover areas will be trimmed to maintain a neat appearance. Care will be exercised when using power equipment. SHRUB AND GROUND COVER MAINTENANCE 1. Trim and prune all shrubs to maintain a neat and well-groomed natural appearance. 2, Trim and edge as necessary to restrict growth from encroaching on walkways and other adjacent areas. 3. Fertilize and amend all shrub beds and annual bedding areas a minimum of four times per year. 4. Irrigate as necessary to maintain proper growth and appearance. 5. Maintain shrubs and ground cover areas in aweed-free condition using either manual or chemical methods. 6. Replacing and/or reseeding of all bare spots or weak areas will be done as necessary. 7. Cultivate and rake clean bare areas at least once a month. 8. Prune all plant material so that all traffic control or other signs are clearly visible. Initial Initial 25C-78 FACIL/TY SERVICES SLOPE COVER MAINTENANCE/IVY Weed-whip, hand-pull or chemically treat weeds at any time they appear on slopes and become a detriment to appearance. 2. Exercise care in weeding of slopes so as not to damage other trees and shrubs incorporated into the plant mix. 3. Irrigate as necessary to maintain proper growth and appearance. 4. Fertilize all slope areas a minimum of two times a year. TREE MAINTENANCE Pruning of trees that do not exceed 15 feet in height on asemi-annual basis to maintain a neat and well-groomed natural appearance. DMS Landscape Services will provide pruning proposals over and above this amount for trees taller than 15 feet in height. 2. Remove damaged branches back to the point of breakage. 3, Tree stakes, and ties will be checked and corrected as needed. 4. Fertilization will be done as necessary a minimum of (3) three times per year. IRRIGATION MAINTENANCE Maintain the irrigation system in an operable condition at all times. Check the entire system for efficient operation at least once per month. 2. Maintain all sprinkler heads in a good working order including adjustments for proper coverage and adjusting the height of risers to accommodate plant growth, 3. Maintain all automatic irrigation controllers in accordance with manufacturing recommendations. Inspect controllers on a monthly basis for correctness of timing operation and scheduling as required for proper irrigation. Use repeat cycles to ensure maximum penetration with minimum run-off, thus conserving water. As a general rule, normal; irrigation operation will be between 9:00 P.M. and 6:00 A.M. 4. Keep all irrigation control valves free of silt and debris. Initial 0 Initial 25C-79 FAC/L/TY SERVICES GENERAL MAINTENANCE AND ADDITIONAL INFORMATION 1. Remove all leaves, litter, weeds in hardscape, and all other debris from walkways, curbs, gutters, and landscape areas, and dispose off- site. 2. Blow or sweep all above-mentioned areas after completion of mowing, trimming, edging, weeding. 3. Inspect all landscape areas on a monthly basis for pest, rodent and disease problems, Control by approved method whether chemical or mechanical, conforming to all safety rules and regulations regarding the use of pesticides and chemicals as prescribe by the State of California. 4. Maintain all drainage systems free of siltation, litter or other collected debris at all times. A complete check of the entire drain system will be done on asemi-annual basis to assure proper drainage. 5. Upon request and prior to commencement of the contract, the owner of the project will be provided with a list of emergency phone numbers for contact outside of normal business hours. 6. Due care will be exercised in protecting from damage all existing facilities, structures and utilities, both above and below ground. 7. All employees shall wear or have some method of employee identification such as company shirts or hats at all times while on the owner's property. 8. Proof of current conformance to the owner's insurance requirements shall be provided. 9. The owner shall be notified of any badly damaged plant material or equipment. 10. All equipment and/or plant material damaged as a result of DMS Landscape Services negligence wilt be repaired or replace promptly at no cost to the owner. 11. All damage to equipment and/or plant material not resulting from DMS Landscape Services shall reported promptly to the owner with an estimate of costs for correction (if required). 12. Repairs due to normal wear will be charged at a cost plus 15% basis for material only. 13. Repairs due to vandalism or acts of nature, which DMS Landscape Services has no control over, will be charged at cost plus 15% plus labor at the rates specified herein. 14. Additional labor, if required, for repairs or extra work will be charged at the following rates: - Irrigator $38.00 Per Hour • Laborer $25.00 Per Hour 15. Twelve general inspections with Owner/Manager Representative, DMS Representative or Area Supervisor per year will be conducted. Initial Initial 25C-80 1 FAC/CITY SERVICES LANDSCAPE MAINTENANCE AGREEMENT This contract is a binding agreement by and between DMS Landscape Services and Parks, Recreation and Community Services AgencylCity of Santa Ana for the purpose of providing landscape maintenance as set forth in this Agreement. INTENT The intent of this contract is to insure that the below named project receives continuous quality maintenance to all landscape areas within the project boundaries. DMS Landscape Services will perform this service in a timely, clean, orderly, safe and professional manner. DMS Landscape Services will provide adequate supervision and support system in order to perform specific services, as well as monitor and correct potential and existing related problems. LOCATION COVERED BY THIS AGREEMENT PROJECT NAME ~ ADDRESS BILLING ADDRESS City of Santa Ana Parks Parks Recreation and Community Services Agency 888 W. Santa Ana Blvd 2~d Floor Santa Ana CA 92702 YEARLY RATE: $371,800.00 TERMS AND CONDITIONS This contract is for a period of one (1) year commencing on and terminating on However, any changes in Local, State and Federal taxes in insurance affecting payroll will be subject to review by Parks, Recreation and Community Services Agency/City of Santa Ana for purposes of contract adjustment. The contract may be canceled by either party upon serving thirty (30) days prior written notice. Should said term expire and no written termination effected, Agreement will continue on an annual basis with all terms and conditions in full force and effect. 25C-81 FAC/L/TYSERV/CES SCOPE OF WORK Refer to the services as described in Exhibit "A" attached. QUALIFICATIONS Work day schedule -Contractor recognizes the following holidays: 1. New Year's Day 2. Memorial Day 3. Independence Day 4. Labor Day 5. President's Day 6. Thanksgiving Day 7. Christmas Day If a regularly scheduled maintenance day coincides with one of the above holidays, DMS Landscape Services will make up that day's work on the next regularly scheduled visit. This document and attachments serve as the Entire Agreement by and between both parties herein referred to and any changes must be in writing and signed by an authorized agent of both parties. The owner/representative of the above named project will pay DMS Landscape Services on or before the tenth (10th) day after receipt of the invoice each month. DMS Landscape Services agrees to perform the services and agrees to accept said sums as payment in full, as described herein and in Exhibit "A" attached. Agreed & Accepted By: DMSIANOSCAPE SERVICES nature Assistant La Agreed & Accepted By: OWNER/REPRESENTATIVE Signature April 6, 2009 Date Date 25C-82 04/03/2009 00:16 FAX 9496610493 PSFM,INC. f~ 002/004 - Pro~essionai Snots Field aiRtena~ce l~rc 33 Emerald Glen Laguna Niguel, CA 92677 949-661~049.~ CL #919290 Statement x erierice A,~er more than 10 years of personal experience in maintaining softball fields for various City leagues and girls fastpitch travel teams, Professional Sports Field Maintenance, Inc. (PSFM), was created in 2001. I saw a need to provide superior quality and reliable services that a vast majority of Cities in Orange County and others lacked. Although we are a licensed C-271andscape contractor, we do not provide general landscape services. Our sole focus is baseball and softball fields, Our equipment is "state of the art" ballfield equipment. VVe don't use golf carts or small utility vehicles to groom the playing surface. Our trailers are fully equipped at all times to insure we have the correct tools to handle any situation that we might encounter. Our Laser ~.erreling system is designed for infields, providing a smooth playing surface with proper drainage. Virtually every aspect of installation, repair and replacement that can be required on a ballfield we have completed. Over the past eight yeaxs we have built new fields, removed existing material and installed new infield mix, repaired turf edges, installed infield watering systems along with replacing base anchors, pitcher plates, home plates and of course provided routine field grooming and mowing. 'VVe do not use subcontractors for our services whether it is rebuilding mounds or laser grading, unlike our competitors. Oux staff is our most valuable asset. 'T'hey are trained constantly and attend various education seminars to stay alert to new products, equipment and methods. They are compensated with a salary and therefore have no need to rush to complete their duties. Don Bordelon President FSFM, Inc. 25C-83 oa/o3t2oo9 00:18 FAX 9496610493 PSFM,INC. 1003/004 -- Profeslnna~ Snorts Meld MU~tenance 1nG 23 trm~rald Glen Laguna Niguel, CA 92677 949-66l-049 CL# 929290 ~teference List City of. Tustin Dave Wilson Director of Parks & Recreation Services Offi'ice 714-573-3329 Ce11714-904-41 b9 City of Laguna Niguel John .Banks Deputy Recreation Director Office 949-425-5100 Ce11949-795-5278 City of Dana Point Brian McClure Parks Manager Cell 949-337-051 S Jonathan .Boxdorfer Sports Program Specialist Office 714-573-3335 Cell 714-822-6334 Jack Payne Field Maintenance Supervisor Office 949-425-5100 Ce11949-795-124b 25C-84 04/03!2009 00:16 FAX 9496610493 PSFM,INC. I~j004/004 - Prolesslonal S arks Field MaM~enance Inc 23 Emerald Glen Laguna Niguel, C.4 92677 9d9-6d1-0493 CG# 929290 Ot~~anization Chart for City of Santa Ana Ballfield ll~aintenance Don Bordelon President Jesus Moreno Foreman Jammer Diaz Arturo Moreno Ken Waller Groundskeeper Groundskeeper Groundskeeper 25C-85 IV. C®N'I'RACTOR'S REFERENCES These sheets must lbe completed in full and returned with contractor's proposal. List and fully describe three contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications included in this RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: The Irvine Company Address: 7575 Irvine Center Dr. Contact Individual: Clint Collins Phone Number: 949-720-4424 ContractAmount: $74,000.00 monthly Year: 2007 -current Description of equipment and services provided: Ongoing monthly maintenance of properties. Reference No. 2 Customer Name: City Of Yorba Linda Address: 4845 Casa Loma Contact Individual: Brian Waterbury Phone Number: 714-961-7170 Contract Amount: $26, 552.00 monthly yew-: 2000 -current Description of equipment and services provided: Ongoing monthly maintenance of properties Reference No. 3 Customer Name: City Of Corona Address: 400 S. Vincentia Ave. Contract Amount: $10 , 7 65.00 Contact Individual: Linda Degan Phone Number: 951-739-4969 Year: 2000 -current Description of equipment and services provided: On oing monthly maintenance of properties. 7 25C-86 VI. PROPOSAL F®R1VI The undersigned contractor agrees to provide park landscape maintenance services in accordance with the specifications. I/We have stated herein the services and fees that I/we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. DMS FACILITY SERVICES Name of Contractor (Person, Firm, Corp.) ~" 1 ~.~ ;~ 'Signature of Authorized Rep. 1 2320 S. PULLMAN ST. Address SANTA ANA, CA 92705 Address 949-975-1366 ext. 206 Telephone Number JEFF WILLIAMS -ASSISTANT LANDSCAPE MANAGER Nam an Title (Please Print) ~ ~ ~~~~ Date Jeff.Williams@dmsfacilityservices.com E-Mail Address 9 25C-87 American Contractors Indemnity Company 9841 AIRPORT BOULEVARD, 9~ FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 BOND NO. 205 756 PREMIUM S ~ BID DATE: 04/06/09 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, DMS FACILITIY SERVICES, INC. (hereinafter called Principal), as Principal, and American Contractors Indemnity Company , a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF SANTA ANA, CA (hereinafter called Obligee) in the penal sum of TEN percent ( 10 %) of amount bid not to exceed FORTY THOUSAND AND 00/100 DOLLARS Dollars ($ 40,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for PARK LANDSCAPE MAINTENANCE SERVICE NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 6th DAY OF APRIL 2009 DMS FACII,ITY SERVICES, INC. PRINCIPAL BY ~ ~ .5~ ~iutT"r American C ntr for Indemnity Company By: ~_ M' ael R. angan Attorney-in-Fact L ~ ~ ~ ~ ~ HCCSZZ220B06/O4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LoS Angeles OnApxl 6, 20Q9 before me, Kendra Banks, Notarv , Date Here Insert Name and Title of the O leer personally appeared Michael R. Langan Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to ~-•---•----•-••••••--••----- - be the person(s) whose name() is/sore subscribed to the ,., ~ within instrument and acknowled ed to me that I KENDRA BANKS ~ ~ g N ~ COMM, ~ X~66~50 a he/Si~/lle~ executed the same in his/I~/~ir authorized ~ '°~°~ ~ ~, NOTARY Pt19LIC • CALIFORNIA N capacity(i~s), and that by his/faer~tiAei+' signature(s) on the "~ LOS ANGIELHS COUNTY ~ f..... ~ My Gomm. Exp)r®o ~Qot. 9, instrument the person(~j, or the entity upon behalf of • ~~~~•"""""" ~0}} f which the person(~j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNES h nd and offic~~l seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~~d ' Borid Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: N~iGhael R, L~ngari Signer's Name: ^ Individual ^ Individual O Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ~ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ~m~Y'; man f'c~n r r•tnrG Indemnity Com~an~_ ". Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General _ ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-676-6627 25C-89 _ -- American contractors Indemnity Compa_n_ y - - - 9841 Airport Blvd., 9`" Floor Los Angeles, California 90045 _ = POWEK OF ATTO~tNE=Y KNOW ALL=MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, d_ oes hereby appoint, MicltaetR. Langan of Pasadena, California its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity_ and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ *******1,863,000.00****** This Aower~f Attorney shall expire without further action on 1Vlarch 18 =20I°i This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6~' day of December, 1990. "RESOLVED that the Chief Executive-Offtcer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the pow and authority 1. To Appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the-Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of suc{t officers and the seal of the Company may be affixed to any such Power _of Attorney or certificate relating thereto by facsimile,;.and anysuch Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any suchpower so executed and certified by facsimile signatures and facsimile seal sha17 be va_ lid and binding. upon the Company in the future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Presideht on the 9`h day of October, 2007. Vo~Za,pCTO,~~yG AMERICAN CONTRACTORS INDEMNITY COMPANY s i~olroR,->FO a; SEP7: 26-1991 ~ .I~~~~~ " 1 #"~" B ..~~---------__ STATE OF CALIFORNIA ~• •~ § y~ Adam S. Pessin, President COUNTY OF LOS ANGELES On this 9th day of October, 2007, before me, Deborah Reese, a notary public, personally appeared Adam S. Pessin, President of American Con_tractors3ndemnity Company, personally known to me (or proved to me on the basis=of satisfactory evidence) to be the person(s) whose nane(s~is/a>`e sabscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized: capac~ty(ies); -and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES~S/my ha/nd and gffical seal. .Signature of ~Totazy M~=Commissonexpires March 18. 2011 Comm~ssio~~ 1M6Z11 NWory thibsc - CaiWmla lot Atp~tos CouMY 1 ~,M,CoMr~6~t~sMate.201t I, 7eannie J:-Kim, Corporate Secretary of American Contractors Indemnit~Company,~ib hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor thesesolutan ha~!e=been revo/ked and they are now in full force and effect. IN WITNESS HEREOF, Ilave hereunto set my~and this lp~h day of /gp/e/ L _ 200. -Bond No = 20 rj 7 ~ /o Jeann J. Kim, Co orate Secretary AgencyNo X129 - 2 ~ ~ ~ `/ 0 x~~. roni irosro~ _ ~~;. N „L, -`r 1C f ~. _~ c~ x 7 25C-9~• 00 ~7 O~ C n ? w N y ,~ n w n' N ~ p CC ~ ~1. K ~ ~ a ' ~ a ~ y a ~ ~ ~ ~ w~ n . a. a o a ~ a ~ a: y ~ ~ ,~ r" ~ _ y• w• ~ ~• ~ ~ y ~ rF y ~ p nl ~ ~ ~ y wi 0 ~ r O a .y ` ° O 3 v ,~ (/1 b r- O `~ y G a' ~ Ui In Ui N Ui i~ W N In O W In N O ~ W In O O O O O O lr O O O In O O O O O O C 'S ~! A 'til ~ Q a ~ Q 0 N N .* Cr1 25C-~2 LANDSCAPE AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this l 8`~ day of May, 2009 by Merchants Landscape Services, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high- level park landscape maintenance comparable with standard industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, as set forth in City's Request for Proposal 09-006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated Apri16, 2009, attached hereto as Exhibit B. Said maintenance includes the baseball/softball diamond maintenance, which Contractor has subcontracted to Major League Softball. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not 25C-93 exceed $682,770.00, plus a fifteen percent (15%) contingency for a total amount not to exceed $787,045, annually, during the term ofthis Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2009 and terminate on June 30, 2010 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The term may be extended for up to four additional one-year terms at the sole discretion of the City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term ofthis 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 ofthis Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which 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 Consultant's operations in the performance ofthis 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. 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 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 non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of 2 25C-94 the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (l) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor pursuant to this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to 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, 25C-95 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. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication 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 certifi7ed mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. BOX 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Merchants Landscape Services, Inc. 1639 E. Edinger Avenue, Suite C Santa Ana, California 92705 Telefacsimile (714) 972-3185 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 25C-96 shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. Material Breach: If the Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which 25C-97 remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses ofthis Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ofthis Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms ofthis Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager 25C-98 APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney MERCHANTS LANDSCAPE SERVICES, INC. By: Laura Sheedy Assistant City Attorney MARK BROWN President Tax ID# EXHIBIT A SPECIFICATION FOR ROUTINE MAINTENANCE I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City -Director's Authority The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub- standard, he may (1) recommend that all or a portion of payment be withheld, and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 25C-99 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to performing, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; 4) and equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as available. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: I . Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" trame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern if possible. s 25C-100 Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-hours in advance prior to any excavation work. . E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY 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 fro-n City and/or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. H. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew/task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. I. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report (see Attachment 6). Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. lI. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS 9 25C-101 A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds/landscape maintenance at work sites listed herein, including, but not limited to pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot-lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Scheduling of Work -Contract Start-up The Contractor shall, within six (6) months after commencement of services, bring all sites subject to this Agreement to the level set forth in the specifications as follows: a) Turf -Aerate and fertilize all turf using Nitra King 19-4-4 at one (l) pound of actual nitrogen at one pound per 1,000 square feet. All weeds shall be treated using selective post emergent herbicides until weeds are eradicated. Dallas Grass shall be eradicated using broad spectrum post emergent herbicide. b) Shrubs -Fertilize using Nitrl King 19-4-4 at one (l) pound of actual nitrogen at one pound per 1,000 square feet. Diagnose and treat all diseased or unhealthy plants. Prune shrubs. Provide report of diagnosed/treated plants. c) Groundcover -Plant new groundcover every 12" triangular spaced to fill in bare areas. Fertilize using Nitra King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. d) Trees -Prune all trees to specification. Establish tree rings. e) Irrigation -Perform start-up irrigation system check and repair all heads, swing joints and lateral lines, raising and adjusting heads/nozzles as necessary. ~o 25C-102 Provide proposals to perform extra work for valve; main line, field wire, backflow prevention devices, etc. repairs. f) Mulch -Install Aguinaga Black Forest mulch size 0" to 1-1/2" or approved equal '/~" thick in all planters, designated tree rings and other designated areas. g) Pavement Cleaning=Perform hardscape pressure washing per Section B.2.9.c of routine maintenance specification. h) Contractor understands that it is assuming maintenance responsibility of the parks/locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications, at no additional cost to the City, during the 90 day start-up period. i) Rebuild pitcher's mounds and batters boxes using Hilltopper by Stabilizer Solutions for ball diamonds with sport turf infields. Use Ballyard by Stabilizer Solutions on ball diamonds with skinned infields (with no turf). Batters boxers shall be 3" thick. Pitchers mounds shall be a 3" thick cap of material over a compacted the standard infield mix. 2. Scheduling of Work -Routine Maintenance a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. Work Force 25C-103 a) Contractor's supewisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialist in each district who possesses, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or holds a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each sites irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irrigation checks/report writing and to perform repairs and/or, modifications to the irrigation system. You proposal will be evaluated on the qualifications of this individual and the amount of FTE's you assign to each district. c) The Contractor shall insure that all staff has a minimum of two years of landscape maintenance experience or education. d) The Director may request that the Contractor perform additional work or services to meet the performance standards required by this Agreement. e) Director may require Contractor to remove any employee from work sites at his or her discretion. 4. Materials a) The Contractor shall submit to the Director a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed 12 25C-104 analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 5. 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 (SANG) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed compositors/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. C. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit E. Turf Care Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority Turf (see site maps in Attachment 2 that identify the areas for each type of turf). Note that the ball diamond infield sub-contractor shall perform all maintenance of turf inside the infield arc line. This includes the infield turf and the foul territory turf. a) Mowin All "casual" turf (non-sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November l through April 30. The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. (1) All "sport/priority" turf as described in Attachment No. 2 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/a" to I" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer/football fields, soccer/football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 3/4'' to 1 " if necessary. Note that the ball diamond infield maintenance sub- 13 25C-105 contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment 1). (2) The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. The Contractor shall mow grasses and broadleaf plants once per month in the Santiago Park Day Camp (Nature Reserve) meadow area. b) Ed~inQ and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers ace not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. (1) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. (2) The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. (3) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls/fences that are greater than 10". c) Fertilization (1) Casual Turf -Contractor shall apply fertilizer three (3) times per year at a rate specified in the City's Agronomic Plan (see Attachment 3) with 14 25C-106 Nitra King 19-4-4 during fall-winter and Lesco 39-0-0 during spring- summer months. (2) Sport Turt%Priority -Contractor shall apply fertilizer six (6) times per year per the City's Agronomic Plan" (see Attachment 3) using a complete or approved fertilizer. The rate of application shall be at a rate specified in the City's Agronomic Plan. The Director may request proof of fertilizer application in the form of empty fertilizer bags. d) Irrigation-all turf (l) Contractor shall ensure irrigation schedules are constantly monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he/she shall request approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements (see Attachment 6). Failure to get approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget will result in the Contractor to pay for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. (6) Should the Contractor not respond to signs of turf stress immediately, the Director, in his sole discretion, may dispatch his own staff to remedy the stress and deduct the cost form the monthly invoice submitted by Contractor. 15 25C-107 (7) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EA W. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (8) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. California Landscape Contractor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation e) Weed Control-all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (l) Contractor shall apply approved pre-emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad-spectrum post emergent herbicides approved by the Director. f) Replanting-all turf (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using La Prim XD (spring/summer) or Stover Seed Grand Slam perennial rye (fall/winter) seed at the manufacturer's recommended rate and process. (2) The Contractor understands and accepts that at the beginning of the agreement there nay be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding with approved seed until a thick healthy stand ofturf is established. (3) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. g) Aeration t6 25C-108 The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Once per year, the contractor shall use a deep tine aerator and cores shall be pulled to a depth of 6". Three times per year a drum aerator using 7" shatter knives shall be utilized. h) Sport/Priority Turf Renovation (1) Once (1) per year during the spring/summer or the fall/winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring/summer - LaPrima XD seed at six (6) pounds per 1,000 square feet in bare areas and four (4) pounds per 1,000 square feet where turf exists; (b) fall/winter -Stover Seed Company Grand Slam see at eight (8) pounds per 1,000 square feet This shall be accomplished by mowing the existing turf down to '/4" followed by verticutting (straight blades) to remove thatch. Prior to seeding the contractor shall have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100%. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. (2) Once per month after the initial seeding process is completed the Contractor shall overseed with at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. (3) The Contractor shall guarantee uniform germination/100% coverage free of non-germinated areas within three (3) months from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Director shall determine sod based on availability/season. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed the first week of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets. t~ 25C-109 b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply an approved mulch, size 0" to 1 ''/z", Yz" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. c) Fertilization The Contractor shall fertilize all groundcover areas three (3) times per year in April, August, and December at two (2) pounds of actual nitrogen per ],000 square feet using a slow release fertilizer using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 per square feet. d) Replanting -Premium Plant Material The Contractor shall plant each year, in any area determined by the Director, 2" plugs of premium plant species at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall be responsible fo-- the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. e) Replanting -Standard Plant Material The Contractor shall plant each year, in any area determined by the Director, 64 count flats of standard plant species at a appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. Shrub Care a) Pruning/trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or Toppers in a manner to permit plants to grow naturally in 18 25C-110 accordance with their normal growth characteristics. `Box hedging" may be required on some shrubs, as set designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size as and subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Replanting The Contractor shall plant each year, in any area determined by the Director, 1 gallon standard shrubs at an appropriate spacing so as to achieve complete coverage once the pla~~~t is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant See Attachment 7 for plant cap. c) Mulching of Bare Areas In all shrub areas where bare soil is visible or where the shrub is thin so the soil is visible, the Contractor shall apply an approved mulch, size 0" to 1 '/z", Yz" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization The Contractor shall fertilize all shrub areas four (4) times per year in March, June, September, and December using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per ],000 square feet. Tree Care a) Height/Quality of Pruning In July and August of each year the Contractor shall routinely Class 1 prune all trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/trimming and Stump Removal Specifications (see Attachment 9). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the ~9 25C-111 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. b) Staking, T~~ 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. c) Mulching of Bare Areas [n designated tree --ing areas where bare soil is visible the Contractor shall apply an approved mulch size 0'" to 1 ''/z", ''/z"' thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization (1) Cycad and Palms shall be fertilized two (2) times per year in March and September with Nutricote 13-5-1 l total 3-stage controlled release palm fertilizer at the manufacturer's recommended rate. e) 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 notify the Director by phone within twenty-four (24) hours. f) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and 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. Zo 25C-112 All trees that exhibit the signs of disease or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. Perennial/Annual Color All perennial/annual color beds shall be maintained and planted/rotated four (4) times per year as detailed in Attachment 5. Annual color is part of the base bid and not part of the plant cap. For every rotation l ~0 flats are planted in annual planting areas. 6. Vine Planting, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building 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. See Attachment 7 for plant cap. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 7. Weeds, Disease and Pest Control a) Weed Control All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. 21 25C-113 b) Disease and Pest Control (]) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. if any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his/her expense using the safest and most expedient method. (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman 1 Hybrid Bermuda (during spring/summer) and Pacific Sod Greg Norman I Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall/winter). Irrigation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation & Community Services Agency for access and operation of the controller. 22 25C-114 (2) Surrender all keys furnished by the Parks, Recreation & Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. c) Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with the Utility Coordinator to review the City's Monthly Water Conservation Report (see Attachment 6) to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When the Utility Coordinator determines that plant material (t~u~f, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. In the event the controllers are not activated within 24 hours the City may charge Contractor all staff cost incurred by City to activate controllers. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray/runoff into street right-of--ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. 23 25C-115 e) Re airs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. "I'he Director will he responsible for repairs to the irrigation system from the valve to the water meter. 9. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once a week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves. twigs. branches, trash, sand gravel, and worn asphalt. The City shall approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. c) Pavement cleaning -Contractor shall perform pressure washing monthly to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc. d) Site amenity cleaning -Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (]) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be cleaned every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Following cleaning the Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint. 24 25C-116 e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and/or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. f) Drinking fountains shall be clean, sanitized and unplugged every day Monday through Sunday. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove any mineral build up, algae, stains, etc. so the drinking fountain is 100% clean and polished. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 10. Plav~~round/hot-Lot Areas a) The Contractor shall provide maintenancc of all playground/tot-lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re-~~rading sand areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that debris and any other foreign objects are removed, removal of weeds, removing sand on sidewalks surrounding the playground/tot-lot, eliminating berms (including pre-existing) in the turf surrounding the playground/tot-lots (high pressure water blasting or sod cutting, leveling and re-sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand and debris daily. Any sand that accumulates on the rubberized surface shall be reused. Sand and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot-lot area safety inspections. 11. Ball Diamond Maintenance The Contractor shall retain a sub-contractor to provide ball diamond infield maintenance as set forth in Attachment 1. 1T IS THE INTENT OF THIS AGREEMENT THAT THESE FACILITIES BE MAINTAINED SO THAT PLAYER SAFETY AND THE QUALITY OF PLAY ARE CONTINUOUSLY ENHANCED. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not 25 25C-117 limited to grandstands, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas/hosing down areas using a high pressure nozzle to remove brick dust, stains and/or any other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean. b) Daily Outfield Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. (3) Level fence line areas using a rocl: or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing dra~~ mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent ''/z'~ layer of brick dust in these areas. c) Weekly Maintenance (1) Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance (1) Top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. e) Non-recurring maintenance: During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. l2. Soccer /Football Field Maintenance a) All soccer/football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions 26 25C-118 with #20 white silica sand mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide alevel-playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. c) Annually, the Contractor shall top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf sport turf maintenance and inspection. The field shall be maintained daily Monday through Friday per the Synthetic Turf Maintenance Specifications (see Attachment 4). Maintenance will include ~~rooming and cleaning the field using grooming equipment provided by the City. The field shall be inspected every day Monday through Friday. Contractor shall remove all debris from the field upon discovery. 13. Sport Cow-t Maintenance a) All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. b) All sport Courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 14. General Maintenance and Clean-up For All Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all landscape areas, paved areas, street curb gutters, flood control channels, etc. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris, such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. z~ 25C-119 e) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 15. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor in writing. 16. Special Maintenance a) Annual City Employee Picnic at Birch Park -Once per year in August or September the City holds their Employee Picnic at this park. On the day of the picnic the Conti°actor shall provide one (I) Leadworker and two (2) employees to help maintain the park during the course of the event. The event generally starts at 10:00 am and ends at 2:00 pm. Maintenance duties during the event shall include, but not be limited to, trash and litter pick-up, emptying trash receptacles, cleaning up spills, washing down areas, brooming off areas, etc. b) Downtown Civic Center Grounds and Landscape -The Downtown Civic Center Authority Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (l) All pedestrian hardscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product Monday through Friday. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. zs 25C-120 (4) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. (5) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or loppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All trees below I S' shall be pruned monthly using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) Replace all 52 state flags in the Plaza of the Flags in January in July of each year. Flags to be provided by City. d) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue and is recognized as one of the best amateur athletic sportin~~ facilities in the county. Because of the number of people that visit the Stadium each year the classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, sidewalks, parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. (2) All site amenities, including but not limited to, signage, player benches, hand railing, goal posts, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product daily seven (7) days per week (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or loppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. 29 25C-121 (5) All trees below 15' shall be pruned monthly using hand shears and Toppers. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All grandstand bleachers shall be inspected daily and if necessary wiped clean so they are free of dirt, stains, markings, etc. e) City of Santa Ana Corporation Yard -The Corporate Yard is the city's maintenance operation center. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (l) All trash receptacles shall be emptied daily five (5) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (2) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 17. CitLpection a) The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park not meeting the specifications during any such inspection. III. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. it is also the City's intend to continuously improve parks and public recreational sites until they are the best in the county. It is with these intents in mind that the Director may consider authorizing extra work. A. Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re-surfacing of the street 30 25C-122 (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must demonstrate to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. B. Requests for Extra Work -The Director may request that the Contractor submit proposals for extra work in order to improve the grounds-landscape in the contract sites. The Contractor shall submit proposals using the Citys Proposal for Extra Work Spreadsheet (see Attachment 8). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to requests materials/equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 31 25C-123 ATTACHMENT NO. 1 SUB-CONTRACTOR BALL DIAMOND IN-FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C-27 Contractor specializing in Ball Diamond In-Field Maintenance shall provide in-field brickdust maintenance for nine (9) Baseball/Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 2.1 Cabrillo Park One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brick dust inteld. 2.2 Morrison Park One (1) 60' base path Girls Softball/Little League diamond with sl.inned brickdust infield. 2.3 Portola Park One (1) 60' base path Girls Softbal VLittle League diamond with skinned brickdust infield. 2.4 Santia og Park One (1) 60' base path Girls Softball diamond with skinned brick dust infield. 4 Total diamonds at 4 park sites. 3.0 Schedule of Work to be Completed 3.1 Cabrillo Park: 5 Days per wk, Feb 1S` to July 15tH 3 Day per wk, July 16`n to Jan 31 S` Morrison Park 5 Days per wk, Feb 1S` to July 15`n 3 Day per wk July 1'6`" to Jan 31 S` Portola Park 5 Days per wk, Feb 1 S` to July 15`n 3 Day per wk July 16`n to Jan 31s` Santiago Park 5 Days per wk Year round 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In-fields. 32 25C-124 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951) 279-1095. 4.2 Pitchers Mound/Home Plate/Basepath Areas 4.2.1 When adding a mix with pitcher's mound/home plate/base-path area, type of material to be used is: Hill Toppe: Solutions. higher clay composition material to any where a sport turf infield exists, the specific Home Plate and Mound Mix by Stabilizer 4.2.2 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, where a skinned infield exists, the specific type of material to be used is: Ballyard with Stabilizer by Stabilizer Solutions. ~.0 Equipment `hhe contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. ~.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drags 5.2.1 Scarif~ng Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be ''/z" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door-mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 33 25C-125 5.3 Other Equipment 5.3.1 Hand Tamp: 20 Ib. variety with 48"min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 5.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. 5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to I"top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. x.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf ed~~es. x.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24"min. wide with heavy-duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on-hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 6.0 Meetings 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am - S:OOpm, Monday - Saturday. 34 25C-126 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the day/week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.1.2 Contractor shall keep brickdust and dugout areas in a weed free condition. 7.l .3 ConU-actor shall hose and/or sweep and hose out all dugouts so they are 100% fi-ee of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in-field and re-install after all work on in-field is completed. 7.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep/Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 7.3.4 Ina 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 3~ 25C-127 7.3.5 Backfill `'mound-mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 7.3.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate/batters box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with ``Mound Mix". 7.~ General Brickdust Shinned Infield Areas 7.x.1 After rakin~~/shoveling loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1 /8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & l-B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 36 25C-128 7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll-up the drag, place it on the vehicle and remove all debris accwnulated in the drag at this spot and rake out material emptied from drag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water one (1) time per week. NO brickdust shall be permitted on the turf edges at any time.If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is '/~" or greater) in any turf/brickdust border a--ea intield to brickdust, base- paths or brickdust to ourtield). contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in-field boundaries ~~~ith a string line or suitable method and re-sod up to the border to re-t~edy the situation at contractors expense. Pre-existin~~ conditions shall be corrected during contract start-up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of '/4" minimum. 8.0 Rainy Weather/Wet Field Procedure 8.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. 9.0 Work to be Completed '`BI-MONTHLY" 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material ~~ 25C-129 to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut and leveled areas to a'/2" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 10.0 Work to be Completed '`ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the Citv's annual Sports Turf Renovation Schedule. fields renovated may change from vear to veae. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10. ] .2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony/Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.13 In addition, contractor shall install 1/2" new Gail Materials ``Pro-gold with Stabilizer" (brickdust) to in-fields at all diamonds (minimum 26 tons per Girls Softball/Major Little League Field and minimum 40 tons per Junior/Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little League Field and 2 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should 38 25C-130 they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. (This will be considered extra work.) Note: City of Santa Ana use's the Hollywood base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. l 1.2 Replace Bases as directed. (This will be considered extra work.) Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 11.3 Replace or Remove/LeveVRe-Install home plates as directed. 11.4 Replace or Remove/Level/Re-Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line/arc. Infield turf shall be mowed three (3) times per week February -August and one (1) time per week September -January. 12.1.1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between '/z" and 3/4" per staff's direction. 12.1.3 ,All turf clippings shall be collected and disposed of. 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 39 25C-131 12.2.2 Contractor shall provide any areas of the turf supple-nental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.2.3 Infield turf shall be fertilized one (1) time per month February apply Nitro King 22-4-4 and March, April, May, June, July, August, September apply Turf Supreme 16-6-8 at a rate of one (1) pound of actual nitrogen per 1,000 square feet of turf. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically "burning" the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator two (2) times per year, in January and July. All cores shall be removed. Dragging of cores is not per-nitted. 12.4 Infield turf shall be I:ept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.7 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to '/a" high immediately following verticutting; 3) overseeded during spring/summer with LaPrima XD Bermuda Seed at a rate of 8 pounds of seed per 1,000 square feet and fall/winter -Stover Seed Company Grand Slam seed at eight (8) pounds per 1,000 square feet; and, 4) top dressed immediately following seeding by Aguinaga Materials using "Santa Ana Top Dress Mix.'' 12.8 All infield turf edges including the arc skin line, base paths, pitchers mounds, etc., shall be edged one (1) time per week. The edged lines shall be straight and, where curved lines are required, the arcs will be a true radius. ao 25C-132 13.0 General Contract Provisions 13. t Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. ~t 25C-133 42 25C-134 ATTACHMENT 3 City of Santa Ana, Park Maintenance Agromonic Plan 2008 Trt Application dates T e Maintenance Descri lion unit of measure 1 Januar G Winter Fertilization Ib 2 Feb 15 -March 15 G Late Winter Fertilization lb 3 Aril G S rin Fertilization SCU lb 4 June G Fertilization SCU ]b 5 Au ust G Fertilization SCU lb 6 October G Fall Fertilization Fall lb 7 Late Nov Early Dec G Late Fall Fertilization ]b IPM and Misc A lications A Januar L Preemee ence Crab sass Control 1st app. (oz) B January G I~ertilization with reemer gent lb o lion _ ~ 11, _ __ ___ All year L _____ _ Backpack Systemic BL Weed Control as needed (fl oz.) _ D A r & Oct L _ General BL Weed Control as Needed (fl oz) _ _ E Mid April L Preemer ence Crab rass Control 2nd a p. oz F Mid April L 0 tional Pre and earl Post Crab Control oz in 5 oz pouches G Mid A ril G 0 tional Pre and earl Post Crab Control lb H Mid A ril G 0 tional Pre and earl ost Crab Coltrol lb I Aril - Ma L Sed e Coltrol as needed oz J June - Au ust L Sed e Su ression as needed oz K Ma -June G Grub revention lb L Ma -October L Spurge and black medic preventative contactpostemergence (fl oz M Ma June L Grub reactive N All ear L Coltrol Of Oxailis as needed fl oz 0 Au -Oct L Kiku u rass 2 to 3 a s 4 weeks a art P Jul -Oct L Postemer ence Crab rass Control fl oz Q Au - Se t. L Preemer ence Poa annua Control oz R Au - Se t. G Granular 0 lion Pre oa annua control lb S Au - Se t. G Granular 0 lion Pre oa annua control lb T Nov -Dec. L Postemer ence Poa Control fl oz ORNAMENTAL PROGRAM Trt Application dates T e Maintenance Descri lion unit of measure 1 At color thane G Fertilization of seasonal color 75 oz SF 2 Jan -Dec. G General shrub and round cover fertilization lb 3 Jan L Pre emer ence bed weed control-broadleaf oz 4 Set L Preemer ence bed weed control-broadleaf oz 5 Jan L Preemer ence bed weed control- rasses oz 6 Set L Preemer ence bed weed control-grasses (oz) 43 25C-135 7 Jan and Se t. G Ornamental bed, broadleft and rass weed control o tion IPT and Misc. A lications 1 Mar -June L Post emer ence rass control as needed fl oz 2 Ma & Jul L Pre emer ence sed e control as needed fl oz 3 As needed G Snail and slu control oz 4 Jan-Dec. L Post emer ence non-selective s stemic weed control oz 5 Nov -March L Post emer ence non-selective contact weed control fl.oz A Jan - A ril L A hit, Whitefl other suckin insects oz/100 al B Jan -March L Olive Fruit control fl.oz 100 al -at color than e C As needed L Insect control eneral fl oz 100 al D As needed L Insect control eneral al 100 al E As needed L Mite control fl oz 100 al F Aril - Au ust L Whitefl control on Hibiscus X losma fl oz 100 al G As needed L Powder mildew control as needed fl oz/100 al H All year L Phytophthora root rot and overall chlorotic plants (fl oz/100 al) PLANT GROWTH CONTROL J __ <48 lu•s after shear L General plant material as needed (fl oz/100 al) -- K <10 d after shear L [v , 'asmine, honeysuckle (fl oz/100 gal) _ i/park services/park operation/poadm/excell/irvine agromonic plan 2009 44 25C-136 ATTACHMENT 4 Introduction Synthetic Turf Maintenance Specification This specification shall explain the procedures necessary for maintaining the synthetic turf fields at the Santa Ana Stadium and the Centennial Park, Dan Young Soccer Complex. I. Cleaning and Stain Removal A. General Dirt Rain is a natural field cleaner. Rainfall cleans the turf fibers of dust, pollen and airborne chemicals. In areas where rain is not sufficient enough to remove embedded dirt, the Contractor shall saturate the surface of the synthetic turf field until contaminants are flushed through the turf. Embedded dirt shall not be removed by mechanically sweeping the teld. B. Rubbish Rubbish Removal Paper, peanut shells, sunflower seeds, athletic tape, paper, etc., shall be removed daily from the synthetic turf surface. A sweeper is satisfactory for lifting paper scraps, food debris and loose trash from the surface as well. Sweeping the field should be accomplished as soon as possible after an event. The sweeper should have synthetic fiber bristles such as nylon or polyolefin. The minimum brush length should be 2.0". The brush should contain no metal. (Metal bristles or fibers can create a safety hazard if individual bristles break off and become lodged in the turf or rubber fill). The brush setting should be checked often. The actual setting depends on the model and type of sweeper. The sweeper will work best when the brush is set so it just touches the tips of the fibers of the turf. DO NOT SET THE BRUSH SO LOW THAT IT DIGS INTO THE TURF PILE, THE FILL MATERIAL OR THE TURF BACKING. A brush setting that is too low can damage the artificial grass and adversely disturb the fill. Do not use a mechanical sweeper during the heat of the day if the temperature exceeds 90 degrees F. C. Vehicles Vehicles are not allowed on the field at any time. Only approved off-road type equipment may be driven on the field. The Contractor shall use caution not to spin the tires, turn sharply, or in any way maneuver the piece of equipment where it will damage the synthetic turf. Oil and Fuel Spills as 25C-137 Oil and fluid spills can discolor and even damage the artificial grass. Proper equipment maintenance shall be observed. Battery acid and -nost other fluids should not be allowed on the artificial grass. Never change or add fluids to equipment while the equipment is parked on the artificial surface. D. Stains The Contractor shall be responsible for removing stains on the synthetic turf. Polyethylene fibers are stain resistant fibers because most stains are moisture borne and polyethylene, a "hydrophobic" yarn, absorbs little moisture. As a result, a "stain" on a synthetic turf field is not a true "stain"; rather, it is generally dried residue of foreign matter, which must be quickly and thoroughly removed. It is best removed while still moist and thus before it has dried on the fibers. These residues can generally be removed with water or soap and water. Remember, it is much easier to clean a fresh spill before it has time to dry and harden. Remove any deposit promptly using a putty knife or similar tool. Then soak up excess liquids with paper or cloth towels or rags. "Water Based" Stains or Residues: Stain Procedure for Removal 1. Scrub the area with soap and water. Use a stiff fiber brush for maximum agitation. Acid, Alkali, Beer, Blood/Mucus, Catsup, Coffee, Colas and Soft Drinks, Disinfectants, Standard Dyes, Food Coloring, Fruit Juice/Gatorade, Glue, Hot Chocolate, Ice Cream, Latex Paint, Milk, Mustard, Tea, Urine, Water Colors 2. Rinse the area thoroughly with clear water to remove all traces of soap. 3. Dry with absorbent towel, if necessary. Note: A three percent (3%) solution of ammonia in water may be used in lieu of household detergent for stubborn residues or stains. Stubborn or Oil-Based Stains Stain Procedure for Removal Crayon, furniture polish, lipstick, cooking oil, rubber cleat marks, shoe polish, suntan oil, ballpoint ink Sponge with dry cleaning solution (perchecloroethylene). Soak up with absorbent towels. Flush with water. Oil paints Soak up or blot immediately. Sponge with turpentine or paint remover (apply sparingly). Blot with detergent and water. Re-sponge with cold water to remove detergent. Scrape excess. Sponge with perchloroethylene (dry cleaning solvent). Repeat the above as necessary. 46 25C-138 Nail Polish Sponge with acetone. Paraffin Wax Scrape excess. Sponge with dry cleaning solution. Tar and Asphalt Scrape excess. Sponge with dry cleaning solution. Note of Caution: Mineral Spirits, MEK, acetone and other petroleum-based solvents are highly flammable. Do not smoke or permit flames near containers or near solution when in use. Be sure the area is well ventilated. Animal Waste: Remove if necessary. Neutralize residue with of white distil led vinegar in an equal amount of water. Flush thoroughly with water after application. Chewing Gum: Freeze the gum by applying ice or spray with and scrape to remove residue Fungus, Mold, Mildew and Other Infectious Growths: The Contractor shall apply one (1) time per month an approved germicide to control infectious diseases such as, but not limited to, virus, bacteria, parasites, etc. The Contractor shall also apply as necessary approved chemicals to control fungus, mold. mildew. etc. Use aone-percent solution of hydrogen peroxide in water. Note: Do not use high-pressure water spray with stream force in excess of 2~0 psi as this can damage the turf and displace the till. II. Minor Repairs The Contractor shall be responsible for damage to the synthetic turf caused by his negligence. The Contractor shall not be responsible for damage to the synthetic turf caused by others. Should the synthetic turf be damaged by others the City may request from the Contractor a proposal to make repairs. Note: Do not cut, seam, sew, remove or in any way attempt to repair major artificial grass damage. If extensive damage occurs, contact your Sports Technology International dealer assistance. 47 25C-139 ATTACHMENT 5 .ll~lti_~.l< (`C)I.,C)R P( AN"I`I`vrC: 1NI) ''IAI~'I'I~ ~"~ ~NC'Ia: S'I+:C'1FIC`A''ION 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 maximu-n 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. Dm-in« planting <~ently crush the root mass with the fingers to stimulate root gro~~~th in the surrounding soil. Bey=in planting in the center of the bed and keep traffic in the worked soil to a minimum. Male the hole slightly lar~~er than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: • Spring/Summer -April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. its 25C-140 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. 49 25C-141 Plant Cap Attachment No. 7 Site 2" Plugs Shrubs, 1 Gal Ground Cover 64 Ct Flt Vines, 1 Gal 1 Angels Park 200 50 0 50 2 Birch Park 0 250 50 50 3 Cabrillo Park 0 150 0 200 4 Cabrillo Tennis Center 500 250 0 0 5 Fisher Park 200 200 0 100 6 Maybury Park 500 300 0 200 7 Morrison Park 200 150 0 100 8 Portola Park 200 150 0 200 9 Santiago Park 1,000 500 100 200 10 Santa Ana Stadium 2,000 200 0 50 11 Civic Center 2,000 500 200 0 Subtotal District 2 6,800 2,700 350 1,150 Subtotal District 2 {Revised) 5,100 2,025 263 863 Note: This plant cap is an annual plant cap for each district. Plants that die as a result of Contractor's negligence are not applied to this plant cap. Where Contractor can show that vandalism was the cause of the plants death, City will assume cost of replacing (excludes vines). City can elect to install plants in existing bare areas, or new construction areas. Standard Plant Costs 64 Ct. 5 gal $8.84 Flat $9.95 1 gal $2.95 Plugs $0.40 Plants costing more than standard plants shall be considered premium. City will pay only the incremental difference between a standard plant and the premium plant. 50 75% 25C-142 ATTACHMENT 9 TREE PRUNING SPECIFICATIONS 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best 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 have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning.,. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 .GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and -ninimize disruption of the public. c. Assuring adequate safety of employees and the public. 5- 25C-143 Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714/57]-4212 Office or 714/231-6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee afull-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. 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. 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 ~~rowth capable of callusin~~ the prunin~~ cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. h. Wheriever 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. 52 25C-144 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. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a 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. I. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty-five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be prese--ved and protected whenever feasible, unless doing so would create a hazard. I.O~ COMPLE~hE TREE PRUNING SPECIFICn~fIONS Complete tree prunin~~ shall consist of the total removal of dead or livin~~ branches that may threaten the future health, strength and attractiveness of trees. Specitcally, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches, which rub and abrade a more important branch. 2) Branches of weak structure, which are not important to the framework of the tree. 3) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 4) Branches forming multiple leaders in a single leader type tree. 5) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 53 25C-145 6) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl". 7) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 8) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 9) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker ~~rowth to a minimum hei~~ht of eight (8) feet above ~~round level. Exceptions arc allowed for young trees, which would he irreparably dama~~ed by such pruning action. g. Obtain a balanced appearance when viewed ti-om the opposite side of the sU-eet immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. i. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (l6) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. 54 25C-146 d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: - Limbs of weak structure or otherwise hazardous. - Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. - Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits throu~~h 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 ofpower outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI 2133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. 55 25C-147 b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (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. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING The lollowin~~ procedw-es. or others that will result in tree decline. are not allowed (storm dama~~e and other extenuating, circumstances exempted): a. Severe cutting back of~ all growing tips usually referred to as toppin~~, pollarding. or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler 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. 25C-148 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. 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. Noise levels. resulting ti-om tree wort: operations, must be I:cpt to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of U~ee 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. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANS[ 2133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. l .13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a 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. 5~ 25C-149 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to 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 Cnemy. acts of the State. floods, epidemics, quarantine. resU~ictions, strikes, or unusually sc~~ere ~~~cather. "l~he SAPRF representative will ascertain the facts and the extent of~the delay, and their lindin~~s thereon shall be final and conclusive. 1.16 SUBCONTRACTORS 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. 1.17 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.18 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.19 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 58 25C-150 This information is vital to maintain the city's computerized tree inventory and management system. 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 SPECIFICATIONS INTERPRETATION The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract atter the start of work are at the SAPRF sole discretion. and the Conh~actor shall abide by all such interpretations. 2.03 EX"CRA WORK In the event the Contractor is required by the City to perform extra work, the following procedure shall govern such work: a. When required, by the SAPRF representative, an itemized estimate of cost will be submitted for approval prior to work being performed. The Contractor shall maintain records sufficient to distinguish the difference between direct cost and extra work. He shall furnish reports of extra work on forms, agreed upon and approved by the SAPRF representative, itemizing all costs for labor, materials and equipment rental. The report shall include hours worked and be in accordance with the following conditions: 1. Work will be executed under the direction of the SAPRF on a time and material basis or an agreed lump sum price depending on the nature of the work. 2. The SAPRF representative will issue a work request for such extra work to be performed. 3. Extra work will not be initiated without written authorization, except in emergency call-out situations. The SAPRF representative will solely define specific emergency situations. 4. Extra work may include, but is not limited to, the following: a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged by Contractor. 2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 59 25C-151 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs. he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.0~ CON"TRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all worl: in accordance with the specifications set forth herein. A qualified. English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full-time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z 133.1-1994. The Contractor shall secure al I timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.06 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.07 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at his/her cost. 2.08 CONTRACTOR NEGLECT 60 25C-152 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.09 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.-n., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.10 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. Whe--e the plans or specifications describe portions of work in general terms, but not complete detail. it is understood that workmanship of the finest quality is to be used. Unless otherwise specified. the Contractor shall furnish all labor, materials. tools. equipment and incidentals and do all the work involved in executing the conU-act. 2.1 1 C(_)NSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for sate operation of his equipment and the protection of the public from injury and damage from such equipment. 2.12 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.13 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, 61 25C-153 all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.14 INQUIRIES AND COMPLAINTS TI--e 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, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable atte-npt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from anv amount due to Contractor fi-om SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or SAPRF. If any complaint is not abated within a reasonable time. the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written repo--t to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative ,the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit fro-n the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.15 NOTIFiCAT10N OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 62 25C-154 63 25C-155 EXHIBIT B MERCHANTS LANDSCAPE SERVICES, INC PROPOSAL DISTRICT 2 64 25C-156 COPY Proposal for City of Santa Ana Park Landscape Maintenance Services for City Parks RFP 09-006 PRCSA Due date: April 06, 2009 Time: 5:00 pm Submitted By: merchants landscape services, inc. 1639 E. Edinger Ave., Suite C Santa Ana, CA. 92705 800-645-4881 Fax (714) 972-3185 Contact Bob Shuman bob ac,merchantslandscape.com_ 25C-157 merchants landscape Robert Carroll City of Santa Ana Parks, Recreation & Community Services 888 W. Santa Ana Blvd., 2"d Floor Santa Ana, California 92702 Regarding: RFP 09-006 PRCSA Dear Robert, inc. MLS is pleased to submit the following response to the City of Santa Ana's RFP# 09-006 PRCSA. MLS vast experience with maintaining the parks systems for major cities throughout southern California is unsurpassed. We currently are maintaining similar park systems for the cities of Irvine, Palm Springs, Orange, Ontario and parts of Santa Ana. Our first hand working knowledge of the City of Santa Ana's high standards and it's adherence to following their detailed specifications has given Merchants Landscape invaluable insight for our proposal development. Allowing us to generate a comprehensive proposal that will provide Merchants the labor and materials to not only meet, but exceed the high expectations of the City of Santa Ana. In addition to the formal proposal documents we have also included detail worksheets itemizing the many components of the specifications and their related costs. These should assist the city in evaluating our pricing. There is also a sheet describing any of the deviations we have included. As you will see from the attached company equipment list, Merchants is uniquely equipped to provide all the necessary maintenance and renovation equipment required to successfully complete every task in the specifications. We look forward to meeting with the city to discuss our pricing and to continuing our positive relationship. Thank You Mark Brower President I h 3~)C: E~~~t E~iin~;er Avenue Santa Ana • CA 92705 Tel (800) 645-4881 Fax (714) 97?-;31f3 2~~='~' 58 March 31, 2009 Oo J T l.n A W N '-' ~ O ~O 00 V T lA .A W N W lA A W N .--• C C n ~ ~C ~ ~ r o oo c~ ~n cn ro ~ ~ ~ n ~ c~ a m m x z n = _ ~ , ~ , . W Pj y Q G7 ~ ^ 1• ~ .~1. ~ ~ nT ~9 P1 ~ w ~ u'1 ~ ' ~ ~ b y ~ ~o o` o ~ ~ n ~ tio ' ~ ~ ~, b R ~ ~ o ~ ~ ~ ~ ro ' ~ . n d. ' d ~ i ~ bp1 ~ 7C fp 7C X ~ C m ~ 7S ~ ~ Eyy ~t m a ~ 7 C' 7C' H' ~ ro ~ `j ^ ~ d 7C 7C ~„ n C! ~ . Vl y ~ ' Vj ~ ~ N 1 A N _ ' Gl R A ~ W N -+ O a A N r y n O O ~ V1 V J O~ i ~, .-. 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R. ~ ~ ~ ~ ~ ^ ~ M 1 J ~ ({~i/~±±1 ~ CD H d o ° ' ~ w V1 (j ~ ti Q7 O H , A _ O a. G O' O f~ A N N N .A N N N CO O U7 O O W I n O C71 a O O O O O O O O O H 0 0 0 0 0 0 0 0 0 ~! QQ co O ~ ~ a A ^' a ~, ~ ~ 7 ~ _~ ~ A• d (~ VI '~ f9 a,' ~~ C! `^t O C/7 'O f9 n n ~_ O~ L7 H C17 -! .b tr' d Q: 00 A N C17 25C-'h60 DEVIATIONS 1) Fencing With our past experience in the city Merchants knows the need to provide fencing in order to achieve the specified 100% germination for over seeding and repair of turf areas. However, for bidding purposes this cost was not included in our basic maintenance pricing. We believe that fencing is not a common added cost for the task of over seeding, and since it was not called out in the specifications, other bidders would not consider it a cost. Also, in the past the city has shared some of these costs and by not knowing its level of participation it would be difficult to come with an accurate cost for this. Our preliminary annual cost estimate for this would be approximately $20,000. 25C-161 "° D ~ v -~ -I N ~ ~ m ~ v ~ n ~~ m c ~ .ice ~ p D ~ O ~ ~ "• C Q Q ~ ~ ~ 01 D rD ~ r ~ N ~ m tD I + ~ 7 ~ O. ~ v+ ~ p, O 7 H O ~ ~,• n O ~ .~ o _ S ~ ao W N v _ , ~- -. N 0 ~; ~ F+ ~1-+ lD ~l N ~ F+ W ~ O ~ O O O O O O rn ° ~ ° ° ° ° ° ° o o o o o o o W v N 3 fD 'V~ rr ~ N W F+ N i-+ N A ~ O $ ~ oo W O N ° 0 0 0 0 0 o o g S S o 0 0 , 0 ~, 1O v a w O c~ _« ~ ~ N ~ F-+ 1-+ N ~ (J'1 in ~ N v- 1-+ ~ to --~ in W ~ ` O O O O O O O O O O O p O O O O p O i/I N V 00 Q 0 0 v- N 00 o~ O O Q (7 l V Q (D '~ Vi m r~• ~~ I r"r n I t/! ~ D o z O D ~ Z D r+ -o C ~ ~ ~ 25C-162 O ~ j ~ ~ ~ ~ D ~ ~ T ~ T W V T N n i (p C ~ fD fD fD l0 N (D O ''* r i v 3 _ ~ 'a O O ~ ~, OQ ~. "+ ~ O A ~ ~ O ~ c e- ~ ~ _, ,~ w e- D ~ " ~ ~ -{ i ~ r- ~ T ~ ,~ O ~ r Gl ,' rr cn O ~ f7 ro a ~ O 70 ~ y O n n O N -~ ~ " ''* ~ N O ~ N O O ~ V ~ ~ ~ C -1 w ~ ~ ~ O m O ~ N 1~ N ~ a a o ao ao a 3 C d W U7 ~D A !J7 V F-+ N A CJl ~P f-' rn v oo Oc is O O l0 V in O 0 0 0 ~ o w o 0 0 0 p o 0 O O O l0 O .A O O O O O O O 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 o S o 0 0 c N ~F 1 A N D 3 c 1-+ F-' N N ~.+ ~ F.a o~ A A V W ~ 00 00 F-+ ~-+ 01 pl O U1 O (f1 O N O U'1 O~ O O W w O O d1 t!1 N pp p p O V O p O O O O O O O O O O O O O o O g g o 0 0 0 0 O O o 0 0 o 0 0 0 0 0 0 O O O 0 in v- ~ ~ v- ~ in v- v- ~ v. v- w a 3 C Ol A + F~ N W N F `D N N V Q1 I~ M-+ V lJ7 O I-+ O O w Q N O rn N O O ~ 01 O O cn O .A Q f-+ O Oo O A O O O oo O Oo O ~T O O v O O O O O O O O p O O O O O O p O O O ~+ w 01 N 01 O~ O 0 iA F+ N 00 O tD is O 25C-163 m x a~ N n 0 ry. Q 7 Q (D (D <~ n cD N n y (/'1 D D Z D n O Z D n rn 3 c~ cn D n S Q 0 ~ o ~ ~ 0 3 n`°i o ~ ~ o ~ ~ _ ~- -~ 3 v i~INI--I-~IC1 _v, NIyIWINIC~ N 0 N n~ .~ W 25C-164 VIAINI~ W n _~ ~ SU '~ -~,, Q ~ "'r'i (Q c Z __ D ~ Z D Q a Q ~ ~ A cD N _~ <• ro y ~~ ~ n IV. CONTRACTOR'S REFERENCES SEE ATTACHED These sheets must be completed in ful[ and returned with contractor's proposal. List and fully describe three contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications included in this RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. SEE ATTACHED Customer Name: Address: Reference No. 1 Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Contact Individual: Address: Contract Amount: Phone Number: Year: Description of equipment and services provided: 7 25C-165 MERCHANTS LANDSCAPE SERVICES, INC. REFERENCES CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA. 92658 Contact: Dan Sereno Phone: (949) 644-3069 Project Completion: On going to 2012 Project size in $: $648,000.00/year All City Medians ~ Parkways CITY OF SANTA ANA 888 W. Santa Ana Blvd. Santa Ana, CA. 92702 Contact: Robert Carroll Phone: (714) 571-4218 Project Completion: On going Project Size in $:312,000.00 District 2 -Parks CITY OF SEAL BEACH 211 Eight Street Seal Beach, CA. Contact: Bob Eagle Phone: (562) 431-2527 Project Completion: On going to 2010 Project size in $: $500,000.00/year All City Facilities, Parks and Medians CITY OF ONTARIO 1425 S. Bon View Avenue Ontario, CA. 91761 Phone: (951) 232-4568 Contact: Tim Evans Project Completion: On going to 2012 Project size in $: $850,000.00/year All City Facilities, Parks, and Medians, Districts CITY OF IRVINE P.O. Box 19575 Irvine, CA. 92623 Phone: (949) 724-7619 Contact: Ariel De La Paz Project Completion: On going to 2014 Project size in $: $2,000,000/year City Parks 8~ Sports Parks CITY OF ORANGE 230 E. Chapman Orange, CA. 92866 Contact: Howard Morris Phone: (714) 920-9659 Project Completion: On going to 2011 Project size in $: $750,000.00/year All City Parks & Assessments Districts CITY OF PALOS VERDES ESTATES 340 Palos Verdes Drive West Palos Verdes Estates, CA. 90274 Contact: Carl Mortiz Phone: (310) 378-0383 Project Completion: On going to 2010 Project size in $: $240,000/year Parklands & Right of Way Maintenance CITY OF PALM SPRINGS 3200 Tahquitz Canyon Dr. Palm Springs, CA. 92262 Contact: Vickie Oltean Phone: (760) 831-8665 Project Completion: On going to 2012 Project Size in $: $1,200,000/year Sports Parks, City Parks, Facilities, and Medians 25C-166 V. BIll SUMMARY AND DEVIATIONS FROM SPECIFICATIONS -EXHIBIT E Contractors must provide costs for maintaining each of the locations, and service categories included in Exhibit E at the level of quality described in the detailed specifications (Exhibit A and all attachments). Contractors must also list alI deviations from specifications, if any. The 24 locations included in Districts 1-3 will serve as the basis for proposal evaluation. At the discretion of the Executive Director, one or more optional add-on locations and specialized services may be included in the a -reement with contractor. 25C-167 Vi. PROPOSAL FORM The undersigned contractor agrees to provide park landscape maintenance services in accordance with the specifications. I/We have stated herein the services and fees that 1/we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Merchants Landscape Services, Inc. Name of Contractor (Person, Firm, Corp.) Signature of Aut orized Rep. 1639 E. Edinger Ave., Suite C Address Santa Ana, CA. 92705 Address (800) 645-4881 Telephone Number Mark Brower, President Name and Title (Please Print} P9arch 31 , 2009 Date mark@merchantslandscape.com E-Mail Address 9 25C-168 W ~ W 0 W W W W W W W W W O W O W O W O W O W O W ~ W N W ~ W N W ~ N V N CT N A N A N A N A N A N W N N j j j N -+ j N -+ N .... N _. N ~ N ~ N .a N ~ N ~ N a N B N O A ~ O (~ D ~ D W ~i W ~i ~ w ~i S Q 2 o S ~ S c~ 2 2 c~ 7 ? 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O O O OD .-U 0 N 0 N 0 E W 0 A 0 N % O O V t O (0 N 0 O 0 fT (O W 0 (li (O Cl~ 0 Oi 0 tT 0 (n 0 CT 0 W W r m r W W (T W N ~ V T O O 0 O N 0 Ut '' ~ j V V V ( .1 O V1 c0 t0 (O ti7 (p W (O A (n (A ~ A ~ _ m ~ 0 0 ~ ~ W W Op W W ~ O ~ 0 A 0 A 0 0V1 V ~ f+D ~ W ~.1 N N N cn 0 ~ 07 ~ W v W I ~ OD ~ ~ ~ ~ ~ ~ cmi m ~ cmi ~ ~ ~ o Ni ~ 0 0 o a o o 0 0 0 V 0 0 O F N N N w m m w .... W N f_<D, N ~ ~ C ~ C `~ < ~ G ~ ~ ~ ~ `8 ~ < ~ G `~ ~ 8 G `B < `~ C `~ ~ ` ~ ~ C ~ G ~ ~ m G m G m < m ~ m C m ~ ~ C ~ ~ 7C ~ ~ ~ X m 01 n m n1 m d n m m n m m m u1 F m o1 m 1 . m m m n1 a m m m . m g m m ~ m m v m v m v m v m v m v m v x r' Dr m a ~ m m m m m m » ~ ~ m m m m ~1 m m " o1 m 01 m ° m n~, ~~ nn D ~~ nn D D D ~~f l1 D ~mr l D nn ~ D !A lA m m m ~ ~ i N ~ ~ O -. Q ~ m -, m ~ m ~ m -. m -, -, m ~ -1 m ~ -i m z -~ m -i m -1 m ~ m -I m o T a a o ~ o o m ~ ~ g ~ ~ ~ ~' ~ ? ~ ~ ~ m ts1 m ns m ~1- x ~ ~ ~ ~ n O W S 0 m m QD 0 0 0 0 0 0 0 0 0 m m y c c F ~- m v m v m ~ Dr ~ 0 W cn 0 U1 v, 0 (Ji rn 0 O 0 0 N Z 0 0 rn 0 A a, 0 CT 0 0 N 0 0 N rn 0 O 0 0 rn 0 .... rn 0 rn 0 r 0 0 rn 0 rn 0 O ~ .'0 w 0 0pop w ?O 0 o x .~ ~ .'L7 rn o O ~ O T C7 ~ W OD OD fT O 0 A OD 0D W A OD 01 0 V 0 ~ 3 ~ N t0 Vn 0 O pp A OD (T V OD A A (0 A N A W Cff ~ W N ~ W N p W OD W N A t0 Cn (O (71 t0 ~ N 0 A O 0 A N cO N O N ~ N 0 ~ N 0 W 0 m 0 0 W a fD V Cn OD ~1 Of W W N W 0 -~ C O W W 0 r T to (n (/~ O O N O A a o N co v 0 O W O fr1 O (~J N 0 W 0 ~ 0 W N N W V7 0 X X X 3 3 3 U7 Vl ~• ~ ~- n z z m m m n i c c i i c 0 0 0 0 0 ~ ~ D D 25C-172 THE AMERICAN INSTITUTE OF ARCHITECTS I ~~~ AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Merchants Landscape Services, Inc. 1190 Monterey Pass Road, Monterey Park, CA 91754 as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company One Pointe Drive, Brea, CA 92821 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Santa Ana 888 W. Santa Ana Boulevard, Santa Ana, CA 92701 as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT THE AMOUNT BID IN******************************************************Dollars($10%***********), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RFP 09-006 PRCSA Landscape Maintenance Services for City Parks NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of March (Witness) (Wit e s) Donna M. Green 2009 N,,er-c!_ian s Land cape Se i es, Inc. J .. ~~~% C~~' `G¢-y.'.rincipa!) (Seal) ~~ (Title) Hartford Fire Insurance Company 1 i~ j~ I '"Z(Sure~y~ ('Seal) /T - L ./ (Title) MARY S~ITH, Attorney-In-Fact AIA DOCUMENT A310 • BID BOND •AIA ®• FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 25C-173 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 19, 2009, before me, DONNA M. GREEN, Notary Public, personally appeared MARY SMITH, .` ~*'~~~'~t. D 0 N NA IV1. G R E E N 1` ;.r ~~~~ `' COMM. 1#1643309 ~ n <<'9••a 9 iiOTARYPUBLiC•CA.LIFURNIA ~' ~~ LOANGELESCOUNTY ~ „~•~,y,. h1y Conm. Expires Mar. 2, 2010 who proved to me on the basis of satisfactory evidence to be the person( whose name( is/aye subscribed to the within instrument and acknowledged to me that -)ae/she/t-ke~+ executed the same in Lt+s/her/2~ei~-authorized capacity(~iesj, and that by kis/her/tkeifisignature~j on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature t'%/~ Signature of Notary Public `OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could fraudulent reattachment of this form. / CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^ CORPORATE OFFICER ^ PARTNER(S) ^ LIM ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVA OTHER: SIGNER IS SENTING: NAME O RSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHF,~DOCUMENT 25C-174 " HARTFORD PlJ\ZA HARTFORD, CONNECTICUT 06115 0 Hartford Fire Insurance Company Twin City Fire Insurance Company 0 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois 0 Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest [~ Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: John D. Hunsinger, Mary Smith, T.L. O'Loughlin of Pasadena, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surery~es) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2fw0, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~ ~9y.~; ''~~~: ~~i _-~~1f ~~J ~',i• •C yi T ,6 ~g~r, t!t! M19 1 • 11 • /ttl\911 ~h9tN\. `~ Paul A. Bergenholtz, Assistant Secretary P_ John P. Hyland, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 19"' day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ;` ~ . arc . Jean H. Wozniak CERTIFICATE Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 19, 2009 . Signed and sealed at the City of Hartford. 0~. _ _:..• ~WU tear :~''~ - ~ :i~- F ~ i z ~ s z _ ~i' ~ x.9""•"0 ' r.°"'~ i i • ~~..+-~ - ~~+..9.9wrf~ Z ••t•w- ~ lyT• ~ ~ jy7o - 8 • • ~ tt.~~ ,,x+...99 ` ~~~~„' 1• ~r • ••4tn9n•c ~.y .~ ~~ 7!t! NIW ~ Colleen Mastroianni, Assistant Vice President 25C-175 25C-176 LANDSCAPE AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 18t~' day of May, 2009 by Mariposa Landscapes, Inc., a California corporation (hereinafter `'Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of high- level park landscape maintenance comparable with standard industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. ('. In un~lertal:in~~ the performance ofthis A~rr~cment. Contr~ictor represents th~it it is I:nowled~~eablc in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District 3, as set forth in City's Request for Proposal 09-006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, 2009, incorporated by reference to this Agreement. Said maintenance includes the baseball/softball diamond maintenance, which Contractor has subcontracted to Major League Softball. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per Park not meeting the Specifications during any such inspection. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not 25C-177 exceed $424,156, plus a five percent (5%) contingency for total amount not to exceed $445,364.00 annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2009 and terminate on June 30, 2010 unless terminated earlier in accordance with Section l2, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The term may be extended for up to four additional one-year terms at the sole discretion of the City. 5. INDEPENDENT CONTRACTOR ConU~actur shall. during the entire term ui~this i~grccment, be a~nstruecl to be an inclcpcn~lent contractor and not an employee of the City. This agreement is not intended nor shall it be construed to create an employer-employee relationship. a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be 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 non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of 25C-178 the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 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 Citv's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials upended prior to noll~l~allOn O~ lCrilllnallOll. COnlraclol' tV'al~`CS IiIC I'I~~ht tl~ 1'~C~iV`C COI111~CnS~111C~n <lnl~ a~!I'CCS ll1 Indemnll)~ the Clt~' IOr an)' ~\-'Ork pG'lOi'111C(l pi'lor 10 appl'OVa~ Ot InSllranCl: by the CIt)'. INDEMNIFICATION Contractor agrees to and shall 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 claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor pursuant to this Agreement: and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable rel ief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, 25C-179 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. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in ~~ritin~~ ~~nd shill he deemed to be proprrl~~ <~i~~~~; if ~iclivrrccl in person or mailed b_v first class or c~rtilic~l mail, po;ta ~c ~~repai~i, or scnl b~~ ~~I~fa~similc or other tal~~~rapl~i~ ~un~n~uni~ati~~n in [h~ manner pruvi~led in this Section, to the Following persons: "Fo City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Mariposa Landscapes, Inc. 15520 Arrow Highway Irwindale, California 91706 Telefacsimile (626) 960-3809 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United 25C-180 States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not cmb~~dicd hcrrin. In the event oFa conflict between the terms oFthis Agreement and any Exhibits or Attachments hereto, the terms ofthis Agreement shall prevail, Followed by the provisions of Exhibit A. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. Material Breach: If the Director determines the Contractor has failed 'in the performance of its duties and/or schedule as provided, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which 25C-181 remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses ofthis Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County. California, shall be the venue for any action or proceeding= that may be brought or arise out of, in c~~nncction ~~ith ur b~~ rc~~um ofthis ,1~~recmcn!. 16. PROFF,SS[ONAL LICL:NSLS Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms ofthis Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM 25C-182 Clerk of the Council APPROVED AS TO FORM: City Manager JOSEPH W. FLETCHER City Attorney MARIPOSA LANDSCAPES, INC. By: Laura Sheedy Assistant City Attorney TERRY NORIEGA President Tax ID# rxtln3l~r A SPECIFICA~hION l~'OR ROUTINE MAINTENANCE L GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City -Director's Authority The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub- standard, he may (I) recommend that all or a portion of payment be withheld, and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 25C-183 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to performing, Contractor shall submit to the Director for approval: I) a detailed annual, monthly and weekly work schedule; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; 4) and equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as available. The Dircct~~r shall he inu»cdiatcl~~ notiGcd of any chan~~cs t~~ the abOVe In~OCmallOn. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, ,jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REpUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern if possible. a 25C-184 Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-hours in advance prior to any excavation work. . E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY 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 Ii~om City and/or pr~~pcrl~~ ~~wncr. G. PRO~hI~CTION AND RESTORA"PION OF EXISTING INIPROVEMEN-~S The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and/or consent from the responsible public agency. H. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew/task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. I. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report (see Attachment 6). Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. II. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS 9 25C-185 A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds/landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds/landscape maintenance at work sites listed herein, includin~~. but n<~t limited t~ prunin<~/trimmin~~. sh~~pin~, ~~n~i trainin~~ of treys. shrubs. and ~,ruund cover plants, removing and cuntrullin~~ weeds, conU~olling plant diseases anal pests: mu~~ in~~ tort; cd~~in~~ turf and gro~n~d cover; irrigatin~~ plant material; maintaining and repairing irrigation systems; removing trash and debris ball diamond maintenance; picnic area maintenance; tot-lot maintenance; and, other services required to maintain the work sites in a sate, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Scheduling of Work -Contract Start-up The Contractor shall, within three (3) months after commencement of services, bring all sites subject to this Agreement to the level set forth in the specifications as follows: a) Turf -Aerate and fertilize all turf using Nitra King 19-4-4 at one (1) pound of actual nitrogen at one pound per 1,000 square feet. All weeds shall be treated using selective post emergent herbicides until weeds are eradicated. Dallas Grass shall be eradicated using broad spectrum post emergent herbicide. b) Shrubs -Fertilize using Nitrl King 19-4-4 at one (l) pound of actual nitrogen at one pound per 1,000 square feet. Diagnose and treat all diseased or unhealthy plants. Prune shrubs. Provide report of diagnosed/treated plants. c) Groundcover -Plant new groundcover every 12" triangular spaced to fill in bare areas. Fertilize using Nitra King 19-4-4 at one (I) pound of actual nitrogen at one pound per 1,000 square feet. d) Trees -Prune all trees to specification. Establish tree rings. e) Irrigation -Perform start-up irrigation system check and repair all heads, swing joints and lateral lines, raising and adjusting heads/nozzles as necessary. io 25C-186 Provide proposals to perform extra work for valve, main line, field wire, backflow prevention devices, etc. repairs. f) Mulch -Install Aguinaga Black Forest mulch size 0" to 1-1/2" or approved equal ''/z" thick in all planters, designated tree rings and other designated areas. g) Pavement Cleaning=Perform hardscape pressure washing per Section B.2.9.c of routine maintenance specification. h) Contractor understands that it is assuming maintenance responsibility of the parks/locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications, at no additional cost to the City, during the 90 day start-up period. i) Rebuild pitcher's mounds and batters boxes using Hilltopper by Stabilizer Solutions for ball diamonds with sport turf infiields. Usc Ballyard by Stabilizer Soluti~~ns can ball diam<~n~ls ~~.ith shinnccl inficl~ls (~~~ith no turf). 13attcrs bo~crs shall b~ 3" thick. I'itchcrs muuncls shall be ~i ~.. thicl; cup cif nuilrrial uvrr a c~~mhacted the stan~lar~1 inficid miz. Schedulin~~ of Work- Routine Maintenance a) The Contractor shall provide landscape -naintenance 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 consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. Work Force 25C-187 a) Contractor's superviso-y personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape/grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and/or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialist in each district who possesses, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or holds a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each sites irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irri~~ation checla/report writin~~ and to perform repairs and/or. modifications to the irri~~ati~~n s~~stein. Y~~u ;~r~,i~~s.-I ~~ill he c~~,-lu~-t~~cl ~~n the yualilicati~~n of ~I-is individual and -hc ~tnu~un[ of I~~fl~~~ ~~-u a~si<,n lc~ c~-ci ~li5u~ict. c) The Contractor shall insure that all staft~ has a minimum of two years of landscape maintenance experience or education. d) The Director may request that the Contractor perform additional work or services to meet the performance standards required by this Agreement. e) Director may require Contractor to remove any employee from work sites at his or her discretion. 4. Materials a) The Contractor shall submit to the Director a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (I) All fertilizers shall~be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed 12 25C-188 analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 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 compositors/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. IZoutinc maintenancc shall incluclc but n~~t be lin-itccl to the I~~IIo~~~ing scrviccs ~~~rl~rmc~1 at the Work Sites listed in Exhibit E. Tu--f Care Turf care shall be differentiated by the two types of turf - "Casual Turt" and "Sport/Priority Turf (see site maps in Attachment 2 that identify the areas for each type of turf). Note that the ball diamond infield sub-contractor shall perform all maintenance of turf inside the infield arc line. This includes the infield turf and the foul territory turf. a) Mowing All "casual" turf (non-sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November 1 through April 30. The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. (]) All "sport/priority" turf as described in Attachment No. 2 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/4" to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer/football fields, soccer/football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than '/4" 13 25C-189 to 1" if necessary. Note that the ball diamond infield maintenance sub- contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment I ). (2) The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. The Contractor shall mow grasses and broadleaf plants once per month in the Santiago Park Day Camp (Nature Reserve) meadow area. b) Ed~~in~ and Detailing ;III ccl~,in~, shall be pcrformccl with the use of` a ~~1cClain's c~l~~~r or ~~E~pru~ cal substilutc. Sticl: c~l~~crs arc not ~iII~~~c~L Cuntra~t~~r shall c~l~~c all furl a~ljaccnt to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging/detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. if chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. (1) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. (2) The Contractor shall detail around trees, along walls/fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. (3) The Contractor shall detail turf not greater than ] 0" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls/fences that are greater than 10". c) Fertilization (1) Casual Turf -Contractor shall apply fertilizer four (4) times per year at a rate specified in the City's Agronomic Plan (see Attachment 3) with 14 25C-190 Nitra King 19-4-4 during fall-winter and Lesco 39-0-0 during spring- summermonths. (2) Sport Turf/Priority -Contractor shall apply fertilizer seven (7) times per year per the City's Agronomic Plan" (see Attachment 3) using a complete or approved fertilizer. The rate of application shall be at a rate specified in the City's Agronomic Plan. The Director may request proof of fertilizer application in the form of empty fertilizer bags. d) Irrigation-all turf (1) Contractor shall ensure irrigation schedules are constantly monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours pi°ior to the ir~owing process. During cooler periods of the year avoid irri~~atin~, ~8 hours prier to the mo~~ proccclures to ensure t~ quality cut oi~ tic tur(~. (3) Under normal conditions the conh~actor shall not schedule irri<~ation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. if Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he/she shall request approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements (see Attachment 6). Failure to get approval from the Park Service's Utility Coordinator prior to exceeding the monthly irrigation budget will result in the Contractor to pay for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. (6) Should the Contractor not respond to signs of turf stress immediately, the Director, in his sole discretion, may dispatch his own staff to remedy the stress and deduct the cost form the monthly invoice submitted by Contractor. ~5 25C-191 (7) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EAW. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (8) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. California Landscape Contractor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation e) Weed Control-all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass. Poa Annua, Neddle Grass and hrcruilcaf ~~~cccls at ,-II time. ~I-hc Coi,lr<ictc~r .hall. al~~n~~ ~~~ith the mm~thl~~ I'cstici~le Use report, submit a ~~~rittcn schc~iulc fur ~~~ccel ahatcn-~nt in turf specifying the method, day and location where ~~~ccd abatement ~~ill be performed. The Director's Representative; will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre-emergent herbicides to al I turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and/or broad-spectrum post emergent herbicides approved by the Director. f) Replanting-all turf (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using La Prim XD (spring/summer) or Stover Seed Grand Slam perennial rye (fall/winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. 16 25C-192 (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. g) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6". i) Sport/Priority Turf Renovation (1) Once (1) per year during the spring/summer or the fall/winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring/summer - LaPrima XD seed at ~,.~ (6) pounds per 1.000 syuv~c fic~t in bare arras aucl ~uur (-i) hounds her 1.(10(1 syuarr ~Crl ~~ here turf mists: (b) falli~~intrr Stover Srr~1 Company Grand Slam sre at ci~ht (8) pounds per 1,000 square feet This shall be accomplished by mowin;~ the existing turf down to '/a'' followed by verticutting (straight blades) to remove thatch. Prior to seeding the contractor shall have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100%. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. (2) Once per month after the initial seeding process is completed the Contractor shall overseed with at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. (3) The Contractor shall guarantee uniform germination/100% coverage free of non-germinated areas within three (3) months from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman l Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Director shall determine sod based on availability/season. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and/or detailed the first week of every month to keep the beds looking manicured at all times. ~~ 25C-193 (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 following each edging/detailing, including streets. b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal, size 0" to 1 `'/z", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. c) Fertilization The Contractor shall fertilize all groundcover areas four (4) times per year in \I~u-~h..lune. Scptci»hrr. ~~nd I)cccmhcr ~~t t~~~~~ (?} p~~unds ~,f~actu~il nitr~~~~cn ~~cr 1.000 syuarc Icct u~in~~ ~l sl~~~~~ rclca~~ l~rtiliz~r u~in~, .I~I~~-1 \uU~i~nta Cuin~~lclc S-?--1 sail c~nditiuncr plus N{'I~ slo~~~ release Icrtilizcr at a ral~ ~~I ci~~ht (~) puunds of actual nih~ogen per 1,000 per square feet. d) Replantin~T -Premium Plant Material The Contractor shall plant each year, in any area determined by the Director, 2" plugs of premium plant species at appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. e) Replanting -Standard Plant Material The Contractor shall plant each year, in any area determined by the Director, 64 count flats of standard plant species at a appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. ~s 25C-194 3. Shrub Care a) Pruning/trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or toppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on so-ne shrubs, as set designated by the Director. Shear hedging or severe pruning/trimming of plants, unless authorized by the Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants. the Contractor shall be responsible for replacing those plants with like Kind and size as and subject to approval by the I)irccti~r. "I~he Con[ra~tor nu-~~ be reyucstcd from time t~~ time t~~ rime the h~~uum ~~f the shrubs for security reasons. b) Replantin~~ The Contractor shall plant each year, in any area determined by the Director, 1 gallon standard shrubs at an appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. c) Mulching of Bare Areas In all shrub areas where bare soil is visible or where the shrub is thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal size 0" to I ''/z", ''/2" thick minimum every other month starting in January during the third week as necessary to maintain unifor-n and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization The Contractor shall fertilize all shrub areas four (4) times per year in March, June, September, and December using JTM Nutrients Complete 8-2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 square feet. ~~ 25C-195 4. Tree Care a) Height/Quality of Pruning In July and August of each year the Contractor shall routinely Class 1 prune all trees up to a height of fifteen (I 5) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/trimming and Stump Removal Specifications (see Attachment 9). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning/trimming, training, and shaping to develop caliper and a strong structural fi-ameworl: may have low branching laterals and or appropriate sucker ~~rowth. h) St;~l:in~~. "I~~~in<~ and Gu~~in~~ \II treys rc~~uirin~ ~taki~~~~ shill be sccurcly stal~c~l at ,ill tin~c~ ~~ith ~t~il:cs ~in~l rubber cinch ties approved by the Director. Rubber hoses and ~~~ire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply Aguinaga Black Forest Floor Mulch or approved equal size 0" to 1 ''/2", ''/z" thick minimum every other month starting in January during the third week as necessary to maintain uniform and complete coverage. Mulch is to be maintained within its boundaries. d) Fertilization (1) Cycad and Palms shall be fertilized two (2) times per year in March and September with Nutricote 13-5-I 1 total 3-stage controlled release palm fertilizer at the manufacturer's recommended rate. e) 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 notify the Director by phone within twenty-four (24) hours. 20 25C-196 f} 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. All trees that exhibit the signs of disease or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be --esponsible to replace die tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a health~~ conditi<~n or re~~lacc the tree. ~I-hc latest ;lmcrican Shade 'I~rcc Conl~rcncc ~,uidelincs fur value clctcrmination ~~iil ~Ietermine the ~'aluc 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 ~~o 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. Perennial/Annual Color All perennial/annual color beds shall be maintained and planted/rotated four (4) times per year as detailed in Attachment 5. Annual color is part of the base bid and not part of the plant cap. For every rotation l 50 flats are planted in annual planting areas. 6. Vine Planting, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building 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. See Attachment 7 for plant cap. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 21 25C-197 7. Weeds, Disease and Pest Control a) Weed Control All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and/or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Control (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees. shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers. miles. voles. etc.) is discovered. it shall immediately he controlled by the Contractor at hisiher espcnse using, the salest and nn~s~ cxpedien~ method. (2) "hhe Contractor is responsible for inspecting all plant material on a continuous basis and. as necessary, treating plant material to maintain optimwn health of the plants. If any plant material (tw~f. groundcover, shrubs, t~°ees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman I Hybrid Bermuda (during spring/summer) and Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall/winter). 8. Irri ation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. 22 25C-198 (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (]) Not duplicate any coded City key furnished by the Parks, Recreation & Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation & Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by I:eeping controller cabinet and huildin~, doors locked at all times. ('4) Retain f~rum usin~~ lucked premises for stora~~c of matcri~ils, supplies or tools, except as approved by the Director. (~) Program normal irrigation bet«~een the hours of 10:00 p.m. and x}:00 a.m. c) Water Conservation (l) The Contractors Certified Irrigation Specialist shall meet once a month with the Utility Coordinator to review the City's Monthly Water Conservation Report (see Attachment 6) to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When the Utility Coordinator determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. In the event the controllers are not activated within 24 hours the City may charge Contractor all staff cost incurred by City to activate controllers. d) Inspection and Re ortin (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that 23 25C-199 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. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish al( portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this a~~reement. The Director will be responsible for repairs to the irri~~~~tii~n s~~stcm li~on~ the v~llvc t~~ the ~~~~tcr mct~r. ~). Flardscanc Maintenance a) All paved areas, including but not limited to paved parking lots. curb gutters.. pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once a week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, trash, sand gravel, and worn asphalt. The City shall approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. c) Pavement cleaning -Contractor shall perform pressure washing monthly to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc. d) Site amenity cleaning -Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be cleaned every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. Za 25C-200 (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Following cleaning the Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint. e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and/or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. 10 t) Drinking fountains shall be clean. sanitised and unplu<~~~ed everv day Monday through Bandar. l~hc C~~ntractor shall u;c approved germicidal cleaner and products to assure that drinl:in~~ fountains are clean and polished. fhc ConUactor shall remove any mineral build up, al~.;a~. stains. etc. so the drinking fountain is 100% clean and polished. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and/or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. Playground/Tot-Lot Areas a) The Contractor shall provide maintenance of all playground/tot-lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re-grading sand areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand to assure that debris and any other foreign objects are removed, removal of weeds, removing sand on sidewalks surrounding the playground/tot-lot, eliminating berms (including pre-existing) in the turf surrounding the playground/tot-lots (high pressure water blasting or sod cutting, leveling and re-sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand and debris daily. Any sand that accumulates on the rubberized surface shall be reused. Sand and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot-lot area safety inspections. Ball Diamond Maintenance The Contractor shall retain a sub-contractor to maintenance as set forth in Attachment 1. IT AGREEMENT THAT THESE FACILITIES BE 25 provide ball diamond infield IS THE INTENT OF THIS MAINTAINED SO THAT 25C-201 PLAYER SAFETY AND THE QUALITY OF PLAY ARE CONTINUOUSLY ENHANCED. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline/dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm-up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas/hosing down areas using a high pressure nozzle to remove brick dust, stains and/or any other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% tree and clean. h) [~ail~~ Outfield Maintenance (I) Irri<~ation the cla and repairs to assure that irri<~ati~~n hc~~cls arc at the proper grade to avoid injury to players who may tall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand. organic compost mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent ''/z" layer of brick dust in these areas. c) Weekly Maintenance (1) Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance (1) Top dress outfield turf using Aguanaga Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. e) Non-recurring maintenance: 26 25C-202 During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 12. Soccer /Football Field Maintenance a) All soccer/football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with #20 white silica sand mixed with LaPrima XD Bermuda grass seed during the spring/summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re-establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide alevel-playing surface free of divots, depressions and uneven surfaces. The Conh~actor shall add approved topsoil to thcsc arias as neccsan~ to I:crp the ar~.~s I~v~l and ,~~~~. C~ ~~11nUa~~V'. the COntf~lClol' Sha~~ top dl'CSS UUl11C~C~ tlll'1 LISIn~.; l~~~U~ln~l~~a ~~llll<l i~n;t mix or approved product Apply with an approved top dressing machine that will achieve a level playing surface. d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf sport turf maintenance and inspection. The field shall be maintained daily Monday through Friday per the Synthetic Turf Maintenance Specifications (see Attachment 4). Maintenance will include grooming and cleaning the field using grooming equipment provided by the City. The field shall be inspected every day Monday through Friday. Contractor shall remove all debris from the field upon discovery. 13. Sport Court Maintenance a) All sport courts shall be blown off daily. Courts and fence lines shall be completely free of dirt, debris, etc. b) All sport Courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 14. General Maintenance and Clean-up For A11 Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all landscape areas, paved areas, street curb gutters, flood control channels, etc. 2~ 25C-203 b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris, such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. e) Drain inlets shall be checked and if necessary cleaned once per day to avoid tlooding of areas during inclement weather. I ~. Other Requirements a) ~Vorl: Not Scheduled [~he Director may delete a portion of or the entire worl: 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 retlected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor in writing. 16. Special Maintenance a) Annual City Employee Picnic at Birch Park -Once per year in August or September the City holds their Employee Picnic at this park. On the day of the picnic the Contractor shall provide one (1) Leadworker and two (2) employees to help maintain the park during the course of the event. The event generally starts at 10:00 am and ends at 2:00 pm. Maintenance duties during the event shall include, but not be limited to, trash and litter pick-up, emptying trash receptacles, cleaning up spills, washing down areas, brooming off areas, etc. b) Downtown Civic Center Grounds and Landscape -The Downtown Civic Center Authority Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered `'high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. 28 25C-204 (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product Monday through Friday. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. (~) All shrubs and groundcover areas shall be highl~~ detailed ~~ccl:ly. ;~~t no time shall any dead leaves, flowers or branches exist The contactor shall removeiprune plant material b~~ hand using hand shears or loppcrs leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All trees below IS' shall be pruned monthly using hand shears and toppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) Replace all 52 state flags in the Plaza of the Flags in January in July of each year. Flags to be provided by City. d) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue and is recognized as one of the best amateur athletic sporting facilities in the county. Because of the number of people that visit the Stadium each year the classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (I) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, sidewalks, parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. (2) All site amenities, including but not limited to, signage, player benches, hand railing, goal posts, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product daily seven (7) days per week 29 25C-205 (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or toppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (~) All trees below I~' shall be pruned monthly using hand shears and loppe--s. The intent is to prune the plant material without the average lay person noticing the cuts. (6) X111 grandstand bleachers ;hall be inspected dail~~ and if necessar~~ wiped clean so they arc fi-ee of dirt. stains, markin~,s. etc. e) City of Santa Ana Corporation Yard -The Corporate Yard is the city's maintenance operation center. In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) All trash receptacles shall be emptied daily five (5) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (2) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 17. City Inspection a) The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park not meeting the specifications during any such inspection. 30 25C-206 (II. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. It is also the City's intend to continuously improve parks and public recreational sites until they are the best in the county. It is with these intents in mind that the Director may consider authorizing extra work. A. Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re-surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must demonsU-ate to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. [3. Requests for Extra Work -The Director may request that the Contractor submit proposals for extra work in order to improve the grounds-landscape in the contract sites. 'hhe Contractor shall submit proposals using the City's P--oposal for Extra Work Spreadsheet (see Attachment 8). The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to requests materials/equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. 31 25C-207 ATTACHMENT NO. 1 SUB-CONTRACTOR BALL DIAMOND IN-FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C-27 Contractor specializing in Ball Diamond In-Field Maintenance shall provide in-field brickdust maintenance for nine (9) Baseball/Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities/Types of Diamonds at Each Site 2.1 Delhi Pack 2.1. I One (1) 60' base path Major Little Lea~~ue diamond with skinned brickdust iniicld. 2.2 I lerita<,c Parl: 2.2.1 One (1) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infield. 2.3 Madison Park 2.3.1 One (1) 60'/90' base path Major Little League diamond with skinned brickdust infield. 2.3.2 One (1) T-Ball diamond with sport turf infield. 4 Total diamonds at 3 park sites. 3.0 Schedule of Work to be Completed 3.1 Delhi Park: 5 Days per wk, Feb 1st to July 15t" 3 Day per wk, July 16t" to Jan 31st Heritage Park: 3 Days per wk Year round Madison Park 5 Days per wk ,Feb 1st to July ] St" 3 Day per wk July 16`" to Jan 31st 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining ln-fields. 4.1 Field In General 32 25C-208 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951} 279-1095. 4.2 Pitchers Mound/Home Plate/Basepath Areas 4.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, where a sport turf infield exists, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix by Stabilizer Solutions. 4.2.2 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, where a skinned iiltield exists, the specific type of material to be used is: Ballyard with Stabilizer by Stabilizer Solutions. >.0 h:quipment The contractor shall provide and have "on hand' at all times during the brickdust maintenance operation the following equipment. ~.l Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drags 5.2.1 Scari ing Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be ''/z" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door-mat'' link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 33 25C-209 5.3 Other Equipment 5.3.1 Hand Tamp: 20 lb. variety with 48"min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 5.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. ~.3.~ Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1"top quality construction with 225-psi working pressure. Leaks of any I:ind are not permitted. Contractor shall have a minimum of 17~' of hose on hand at all times. x.3.6 I [i~~h Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. x.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24"min. wide with heavy-duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on-hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 6.0 Meetings 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am - S:OOpm, Monday - Saturday. 34 25C-210 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the day/week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.1.1 Contractor shall remove all litter, broken glass and hazardous debris fi-om infield and dugout areas. 7.1.2 Contractor shall I:eep brickdust and dugout areas in a weed fi-ee condition. 7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they arc 100% tree of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in-field and re-install after all work on in-field is completed. 7.2.2 After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep/Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 7.3.4 Ina 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 35 25C-211 7.3.5 Backfill "mound-mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 7.3.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate/batters box area utilizing dry '`mound mix" for this purpose. Uo not cover with infield mix. 7.4.2 fldd to the above the followin<~: Ral:e all loose material from bottom to top and cover with "Mound Niix~'. 7.~ General Lrickdust Skinned Infield f~rcas 7.x.1 After raking/shoveling loose material ti~om high spots bacl: into low spots/worn areas on running paths, sliding zones. and any other low spots/worn areas appearing on the field, the ConU~actor shall till all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of l/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & 1-B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of l8". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 36 25C-212 7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll-up the drag, place it on the vehicle and remove all debris accumulated in the drab at this spot and rake out material emptied from drab. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 7.x.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water one (I) time per week. NO brickdust shall be permitted on the turf edges at any time.lf in the determination of City stall: an unsafe lip situation exists (an unsafe lip is '/" or greater) in anv turf%brickdust border area inlicld to brickdust, basc- paths or brickdust to outtield), contractor ~~-ill be required to remove or Icvcl the soil build-up with a sod cutter and re-establish the in-licld boundaries with a string line or suitable method and re-sod up to the border to remedy the situation at conU~actors expense. Pre-esistin~~ conditions shall be corrected during contract start-up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of '/4" minimum. 8.0 Rainy Weather/Wet Field Procedure 8.l On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using apump/sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. 9.0 Work to be Completed "BI-MONTHLY" 9.l To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material 37 25C-213 to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut and leveled areas to a''/z" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 10.0 Work to be Completed "ANNUALLY" 10.1 Lach year. the followin~~ renovation is t~~ be done on all fields in conjunction with the Citv's ;lnnual Sports Turf Renovation Schedule. I~iclds renovated ma~~ chan~~c G~~m ~~car to year. 10.1.1 Contractor shall laser ~~rade each ball diamond. Contractor sha(1 scarify drab built up amounts of materials at high spots and cut and level drag the scarited material to low spots. "I~he Contractor shall till any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10.1.2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony/Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.1.3 In addition, contractor shall install 1 /2" new Gail Materials "Pro-gold with Stabilizer" (brickdust) to in-fields at all diamonds (minimum 26 tons per Girls Softball/Major Little League Field and minimum 40 tons per Junior/Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little League Field and 2 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 38 25C-214 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. (This will be considered extra work.) Note: City of Santa Ana use's the Hollywood base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 1 1.2 Replace Bases as directed. (This will be considered extra work.) Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 1 1. ~ Replace i~r I:cmove/LcvcURc-Install home plates as directed. I I.~ Replace or Remove/Level/Re-Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line/arc. Infield turf shall be mowed three (3) times per week February -August and one (1) time per week September -January. 12.1.1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between ''/z" and 3/4" per staff's direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 39 25C-215 12.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.2.3 Infield turf shall be fertilized one (1) time per month February apply Nitro King 22-4-4 and March, April, May, June, July, August, September apply Turf Supreme 16-6-8 at a rate of one (1) pound of actual nitrogen per 1,000 square feet of turf. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically `'burning'' the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator two (2) times per year. in .lanuary and .luly. All cores shall be removed. Drag<~in~~ of cores is not ~~crm itlcd. 12.4 Infield turf shall be I:cpt weed fret at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.7 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to '/4" high immediately following verticutting; 3) overseeded during spring/summer with LaPrima XD Bermuda Seed at a rate of 8 pounds of seed per 1,000 square feet and fall/winter -Stover Seed Company Grand Slam seed at eight (8) pounds per 1,000 square feet; and, 4) top dressed immediately following seeding by Aguinaga Materials using "Santa Ana Top Dress Mix." 12.8 All infield turf edges including the arc skin line, base paths, pitchers mounds, etc., shall be edged one (1) time per week. The edged lines shall be straight and, where curved lines are required, the arcs will be a true radius. 40 25C-216 13.0 General Contract Provisions ~3.t Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. ~i 25C-217 Al"I'ACHMENT 3 City of Santa Ana, Park Maintenance Agromonic Plan 2008 Trt Application dates T e Maintenance Descri tion unit of measure 1 Januar G Winter Fertilization lb 2 Feb 15 -March 15 G Late Winter Fertilization (Ib) 3 A ril G S rin Fertilization SCll Ib 4 June G Fertilization SCU (lb) 5 Au ust G Fertilization SCU (Ib) I 6 7 ~ October~G _ Latc Nov Early Dec G - ---- --- '; I III I~cililiialion I all (Ib) _- Late Fall Fertilization (Ib) ._ 1PM and Misc Applications A Januar ~ L ~ Preemergencc Crabgrass Control lstapp. (oz) B Januar G_____ Fertilization with preemergent (]b o tion C _ All ear L _ Backpack Systemic BL Weed Control as needed (fl oz.J __ D A r & Oct L General BL Weed Control as Needed fl oz _ E Mid April L Preemer ence Crab rass Control 2nd a oz F Mid A ril L 0 tional Pre and earl Post Crab Control oz in 5 oz ouches G Mid A ril G 0 tional Pre and earl Post Crab Control lb H Mid A ril G 0 tional Pre and earl ost Crab Coltrol lb I Aril - Ma L Sed e Coltrol as needed oz June - Au ust L Sed e Su ression as needed oz K Ma -June G Grub revention Ib L Ma -October L Spurge and black medic preventative contactpostemergence (fl oz M Ma June L Grub reactive N All ear L Coltrol Of Oxailis as needed fl oz 0 Au -Oct L Kiku u rass 2 to 3 a s 4 weeks a art P Jul -Oct L Postemer ence Crab rass Control fl oz Q Au - Se t. L Preemer ence Poa annua Control oz R Au - Se t. G Granular 0 tion Pre oa annua control lb S Au - Se t. G Granular Option Pre oa annua control lb T Nov -Dec. L Postemer ence Poa Control fl oz ORNAMENTAL PROGRAM Trt Application dates T e Maintenance Descri tion unit of measure 1 At color chan e G Fertilization of seasonal color 75 oz/SF 2 Jan -Dec. G General shrub and round cover fertilization (]b) az 25C-218 3 )an L Pre emer ence bed weed control-broadleaf oz 4 Set L Preemer ence bed weed control-broadleaf oz 5 Jan L Preemer ence bed weed control- rasses oz 6 Set L Preemer ence bed weed control- rasses oz 7 Jan and Sept. G Ornamental bed, broadleft and rass weed control o tion IPT and Misc. A lications 1 Mar -June L Post emer ence rass control as needed fl oz 2 Ma & Jul L Pre emer ence sed e control as needed fl oz 3 As needed G Snail and slu control oz 4 Jan-Dec. L Post emer ence non-selective s stemic weed control oz 5 Nov -March L Post emer ence non-selective contact weed control fl.oz A Jan - A ril L A hic, Whitefl other sucl<in insects oz 100 Qal B Jan -March L Olive Fruit control fl.oz 100 al -at color chap e _ C __ As needed L __ Insect control general (fl oz/100 gal) ,_D As needed L Insect conUrol general gal 100 o~] F; As nceciecl L -- --- _ - P'litc conU~ol (Il or/100 ~~,il) - -- F A aril - August L - - -- -- - White fly control on Hibiscus Xylosma ((I oz/100 gal) - G As needed L _ ~ Powdery mildew control as needed (fl oz/100 gal) _ H ____ _ All ear L-- Phytophthora root rot and overall chlorotic plants (11 oz/100 =al PLANT GROWTH CONTROL __ J <48 hrs after shear L General lant material as needed fl oz 100 al K <10 d after shear L Iv , ~asmine, hone suckle (fl oz/100 gal) i/park services/park operation/poadm/excell/irvine agromonic plan 2009 43 25C-219 ATTACHMENT 4 Introduction Synthetic Turf Maintenance Specification This specification shall explain the procedures necessary for maintaining the synthetic turf fields at the Santa Ana Stadium and the Centennial Park, Dan Young Soccer Complex. I. Cleaning artd Stain Removal A. General Dirt Rain is a natural field cleaner. Rainfall cleans the turf fibers of dust, pollen and airborne chemicals. In areas where rain is not sufficient enough to remove embedded dirt, the Contractor shall saturate the surface of the synthetic turf field until contaminants are flushed through the turf: Embedded dirt shall not be removed by mechanically sweeping the field. B. Rubbish Kubbish IZcn~uval Paper, peanut shells, sunflower seeds. athletic tape, paper, etc., shall be removed dail~~ from the svnthetic turf surface. A sweeper is satisfactory for lilting paper scraps. food debris and loose trash ti~om the surface as well. Sweeping the Ield should be accomplished as soon as possible after an event. The sweeper should have synthetic fiber bristles such as nylon or polyolefin. The minimum brush length should be 2.0". The brush should contain no metal. (Metal bristles or fibers can create a safety hazard if individual bristles break off and become lodged in the turf or rubber fill). The brush setting should be checked often. The actual setting depends on the model and type of sweeper. The sweeper will work best when the brush is set so it just touches the tips of the fibers of the turf. DO NOT SET THE BRUSH SO LOW THAT IT DIGS INTO THE TURF PILE, THE FILL MATERIAL OR THE TURF BACKING. A brush setting that is too low can damage the artificial grass and adversely disturb the fill. Do not use a mechanical sweeper during the heat of the day if the temperature exceeds 90 degrees F. C. Vehicles Vehicles are not allowed on the field at any time. Only approved off-road type equipment may be driven on the field.. The Contractor shall use caution not to spin the tires, turn sharply, or in any way maneuver the piece of equipment where it will damage the synthetic turf. Oil and Fuel Spills Oil and fluid spills can discolor and even damage the artificial grass. Proper equipment maintenance shall be observed. Battery acid and most other fluids should not be allowed on the 44 25C-220 artificial grass. Never change or add fluids to equipment while the equipment is parked on the artificial surface. D. Stains The Contractor shall be responsible for removing stains on the synthetic turf. Polyethylene fibers are stain resistant fibers because most stains are moisture borne and polyethylene, a "hydrophobic" yarn, absorbs little moisture. As a result, a "stain" on a synthetic turf field is not a true "stain"; rather, it is generally dried residue of foreign matter, which must be quickly and thoroughly removed. It is best removed while still moist and thus before it has dried on the fibers. These residues can generally be removed with water or soap and water. Remember, it is much easier to clean a fresh spill before it has time to dry and harden. Remove any deposit prompt)}~ usin~~ a putty I:nife or similar tool. Then soak up excess liquids with paper or cloth towels or rags. "Water Based" Stains or Residues: Slain Procalurc lur Rcm~~val I. Scrub the area with soap and water. Use a stiff fiber brush for maximum a~~itation. Acid. Alkali, Beer, Blood/Mucus. Catsup. Coffee, Colas and Soft Drinks, Disinfectants. Standard Dyes, Food Coloring, Fruit Juice/Gatorade, Glue, Hot Chocolate, Ice Cream, Latex Paint, Milk, Mustard, Tea, Urine, Water Colors 2. Rinse the area thoroughly with clear water to remove all traces of soap. 3. Dry with absorbent towel, if necessary. Note: A three percent (3%) solution of a-nmonia in water may be used in lieu of household detergent for stubborn residues or stains. Stubborn or Oil-Based Stains Stain Procedure for Removal Crayon, furniture polish, lipstick, cooking oil, Sponge with dry cleaning solution rubber cleat marks, shoe polish, suntan oil, (perchecloroethylene). Soak up with absorbent ballpoint ink towels. Flush with water. Oil paints Soak up or blot immediately. Sponge with turpentine or paint remover (apply sparingly). Blot with detergent and water. Re-sponge with cold water to remove detergent. Scrape excess. Sponge with perchloroethylene (dry cleaning solvent). Repeat the above as necessary. Nail Polish Sponge with acetone. Paraffin Wax Scrape excess. Sponge with dry cleaning solution. 4J 25C-221 Tar and Asphalt Scrape excess. Sponge with dry cleaning solution. Note of Caution: Mineral Spirits, MEK, acetone and other petroleum-based solvents are highly flammable. Do not smoke or permit flames near containers or near solution when in use. Be sure the area is well ventilated. Animal Waste: Remove if necessary. Neutralize residue with of white distilled vinegar in an equal amount of water. Flush thoroughly with water after application. Chewing Gum: Freeze the gum by applying ice or spray with and scrape to remove residue Fungus, Mold, Mildew and Other Infectious Growths: The Contractor shall apply one (1) time per month an approved germicide to control infectious diseases such as, but not limited to, virus, bacteria, parasites, etc. The Contractor shall also apply as necessary approved chemicals to control fungus, mold, mildew, etc. Use aone-percent solution of hydrogen peroxide in water. Note: Do not use hi~?h-pressure water spray with stream force in excess of 2~0 psi as this can dama~~c the turf and displace the till. I~ iti7inui~ Xepuirc ~1'he Conh~actor shall be responsible for dama~~e to the synthetic turf caused by his ne~rli~,ence. The Contractor shall not he responsible for dama~~c to the synthetic turf caused by others. Should the synthetic turf be damaged by others the City may request from the Contractor a proposal to make repairs. Note: Do not cut, seam, sew, remove or in any way attempt to repair major artificial grass damage. If extensive damage occurs, contact your Sports Technology International dealer assistance. 46 25C-222 ATTACHMENT 5 .~I~~ ~'L1:4L C'(1LC)It FI ~~%~"lI<~G ,~;~1~ t11A1'~ 1"Er~`t1 ~'(:C~` SI'li't'I~IC:97'It).ti 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 l .~ 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 Ilowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements. the beds must be ral:cd smooth ~u~d slightl~~ mounded. Sticks clods and ether ma~crial must be rcmo~~ed from the bed. Durin<< planting gently crush the root mass with the finders to s~imulatc root ~~rowth in the surruundin~~ soil. Begin planting in the center of the bed and keep traftic in the worked soil to a minimum. Make the hole slightly lar~~er than the root ball and set the plant at the same depth or slightly higher than it was ~~ro~~in~~ in the container. Smooth out the soil around the plants atter planting. including footprints. Water plants to a depth of ~ inches immediately after planting for 4'' plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: • Spring/Summer -April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 47 25C-223 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. 48 25C-224 Plant Cap Attachment No. 7 Site 2" Plugs Shrubs, 1 Gal Ground Cover 64 Ct Flt Vines, 1 Gal 1 Bomo Koral 1,000 100 0 200 2 Delhi Park 1,000 100 0 100 3 Lillie King Park 0 SO 0 200 4 5 Madison Park Sandpointe Park 500 500 100 100 ~ 0 0 200 200 6 Heritage Park 500 100 0 200 7 , Santa Anita Park 2,000 200 0 200 8 _ City Yard 500 400 0 0 Subtotal District 3 6,000 1,150 0 1,300 Suk>totai ~iStriCt 3 (~tevised} 3,OOCt _ ~ .575 0 65fl Total 10,600 3,200 288 2,413 Note: This plant cap is an annual plant cap for each district. Plants that die as a result of Contractor's negligence are not applied to this plant cap. Where Contractor can show that vandalism was the cause of the plants death, City will assume cost of replacing (excludes vines). City can elect to install plants in existing bare areas, or new construction areas. Standard Plant Costs 64 Ct. 5 gal $8.84 Flat $9.95 1 gal $2.95 Plugs $0.40 Plants costing more than standard plants shall be considered premium. City will pay only the incremental difference between a standard plant and the premium plant. 49 50% 25C-225 ATTACHMENT 9 TREE PRUNING SPECIFICATIONS l .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. h~ an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working ~~uidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. I.01 C)VC'RVIE\V OF SPf:CIFICATI(~NS \n~~ tree earl: pcrlc~rmed in the Cite c,f S~inta ~~na farl: and ~Ze~l'Cah(~il I~acilitics (~,~U'1~1=) must be done according to the SAPRF specifications. "l~here are different criteria I~~r prunin~~ dependin~~ on the purpose for the pruning. a. Complete Prune Specifications are used ~~~hen circwmstances deem the entire tree needs to be fully pruned. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on international Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. 50 25C-226 Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Park Services Superintendent at 714/571-4212 Office or 7l 4/231-6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee afull-time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. \~'hrn U~CC prunin<~ cuts arc nr~dc to ~~ si~lc limb. such r~mainin~r limb mint pos~css a haul thickness oh at Icast one third (I/3) of the diamctcr of the ground so aft~c~cd. Such cuts shall be considered proper only when such remaining limb is vigorous enou~~h to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so af~tected within a reasonable amount of time. 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. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and/or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or disease problems. 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. 51 25C-227 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. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a 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. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited. except palms that are more than sixty-five (6~) feet in hcighl. m. 13cneticial animal. bird nests, nesting cavities or other wildlife habitat shall be preserved ,n~~f ~~rotected ~~hene~cr le<-sihle. unless ~i«in~~ ;~~ ~~~,ul~l cr~;~tc ~- h~-r,u~~l. I.O~ COI~IPLI;Tf TRCI~ PRUNING SPI~CII~IC~~I~IONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health. strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent b--anch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches, which rub and abrade a more important branch. 2) Branches of weak structure, which are not important to the framework of the tree. 3) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 4) Branches forming multiple leaders in a single leader type tree. 5) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 52 25C-228 6) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl". 7) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 8) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 9) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. Clc~u~ trees uf~s~~r~~ut or sucl:cr ~,n~~~~th tc~ <~ ininin~um h~i~ ht uf~i~,h[ (~) Ic~t ahu~~c _r~~~n~~1 Icvcl. L:~ccptions arc allo~~ccl ~~ll' vc~un~~ trees. ~~hi~l~ ~~~uul~l he irr~har~hl~ ~I.in~a~~~a h~, such pruning action. g Obtain a balanced appearance ~~~hen viewed Ii-om the opposite side of the sU-ect immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (S) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. 53 25C-229 d. Removing any live branches, which interfere with the tree's sh•uctural strength and healthful development, will include the following: - Limbs of weak structure or otherwise hazardous. - Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. - Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety. and governmental standards require a reasonable amount of tree prunin~~ to ~~,~~ii~! Lnn~l~i~t~~r ci~n~,~rts an~1 ~~r~uin~lin~~ ~~f circuity thr~~u~~h thr trees. I'u~~~~r lin~,~ ~I~~:~r.u~~c pruning,. thcrc~urc. shall c~~nsi~t cif the rcn~o~~~1 of U~~~ hranch; I~~r proper electric line clearance in order to minimize the likelihood of power outa~~cs and improve salct~~. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI 2133.1-1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. l .08 PALM PRUNING SPECIFICATIONS Palm pruning shall consist of the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. 54 25C-230 b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty-five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (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. c. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 l1NACCEPTAE3LE PRUNING ~I~!n I~,II~,~~in~~ ~~r~~e~~!urc~. ~~r ~~th~~rs th~~t ~~ili r~~ull in tr~~ ~I~clin~. .~r~ nrt ,~Il~,~~c~l (~l~~rn~ ~lanr.~ ~~ anal ~~th~r cxtcnuatin~~ rir~uin~..n~.:c~ c~cn~pt~~i): a. Severe cutting bacl: of all ~~rowing tips usually referred to as topping, pollardin~~, or hat raCkln~~. b. Flush cutting where a cut is made even with the surface of the trunl: or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1 /4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and/or SAPRF. Special attention is drawn to sprinkler 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. 55 25C-231 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a conU~olled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation Held controllers and similar facilities must remain accessible Burin<~ the course of work. c. A~uise Icy cls, resultiu~, I~rc~m trc~ ~~,~~~rl: upcratic~ns. n~u,t h~ I:~~~l to a n-inin~um ~-t all tii»~s. All tree worl: operations arc subject to compliance with all local Noise Restrictions. Operation of tree wort: 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 (Sahn-day and Sunday). Emergencies are exempt fi-om any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI 2133.1-1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a 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. ~6 25C-232 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 PAYMENTS WITHHELD/PENALTIES Should the Contractor fail to finish the work as agreed upon in these specifications the Contractor shall be charged by SAPRF penalties in the amount of five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. Any amount so charged shall be deducted by the SAPRF from any monies which otherwise are or become payable to the Contractor. In case all the work called for is not completed in all parts and requirements within the time specified, the SAPRF shall have the right to 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 worl: caused be acts of God or of the Public ~ncm~~. acts c~fthe State. il<x~ds. cpi~lemic~. ~lu,u~antinc. resU~ictic,ns. stril~e~. <~r unusually SCV"~1'~ ~Aeat~lel'. ~ he 5;~~'~~l' 1'Cpl'CJCnlatlV'c AA~li~ ~l~~Cft~llll lilC ~i~ctJ anl~ 1~1L ~'\tCit L)~ the Ul:i:1\. and their tindin<~s thereon shall be final and conclusive. 1.16 SU[3CONTRACTORS 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 wort: of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor tail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.17 ADDITIONS AND/OR DELETIONS OF WORK The SAPRF representative reserves the right to add and/or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.18 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.19 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 5~ 25C-233 This information is vital to maintain the city's computerized tree inventory and management system. 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 SPECIFICATIONS 1NTERPRETA~I~ION The intent of these specifiications is known by the City of Santa Ana and SAPRF. Any questions rclatin<~ to the interpretation of these specifications must be addressed. in writin~~. ~~rior t~~ t!ic Mart of ~~~~rl:. ~I~hc Contract<~r ,~~~r~c~ th~it inlcrhr~t;ition; of thi> c~~n(ra~l ali~r tl~~ start ~~I~ ~~orl: arc a~ the S,AI'IZI~ sole discretion. and the ~~Unlracll~r ;hall ahi~lc b~, all such uitcrprctations. 2.03 EXTRA WORK In the event the Contractor is required by the City to perform extra work, the following procedure shall ~~overn such work: a. When required, by the SAPRF representative, an itemized estimate of cost will be submitted for approval prior to work being performed. The Contractor shall maintain records sufficient to distinguish the difference between direct cost and extra work. He shall furnish reports of extra work on forms, agreed upon and approved by the SAPRF representative, itemizing all costs for labor, materials and equipment rental. The report shall include hours worked and be in accordance with the following conditions: I. Work will be executed under the direction of the SAPRF on a time and material basis or an agreed lump sum price depending on the nature of the work. 2. The SAPRF representative will issue a work request for such extra work to be performed. 3. Extra work will not be initiated without written authorization, except in emergency call-out situations. The SAPRF representative will solely define specific emergency situations. 4. Extra work may include, but is not limited to, the following: a). Repairs to landscaping, sprinkler systems, and/or facilities, unless damaged by Contractor. sa 25C-234 2.04 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to di~~~~in~~ for line locations. f\n_v dam~~~~e or problems shall be reprn~ted immecliatel~~ to the ~:11'IZI~ r~.pr~s~ntati~~c ~u~~i the. Cite ~~f Santa .~\na. If the C~~IIIIa~llll' ~lis~~~~~crs s~~n~~~hin~~ unc~p~~ic~l ur a uniyuc problem uc~urs_ he ;h~,ulci step ~~url: and immc~liatcl~~ c~~nta~t ..n authorized SAPRF representative liar a timcl}~ resolution of the problem. 2.0~ CONTRACTOR'S STAF1= The Contractor shall provide suflicient personnel to perform all work in accordance with the specitications set forth herein. A qualified, En~~lish speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full-time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI 2133.1-1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.06 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.07 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non-satisfactory items at his/her cost. 59 25C-235 2.08 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.09 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.10 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition. hereinafter referred to as Standard Specitications. In case of conflict between the Standard Specitications and this Specification, this Specification shall take precedence over and be used in lieu of such contlicting portions. V'v-'here the plans or specifications describe portions of ~~~orl: in general terms. but not complete ~!~tail. it i; un~Jcrstr~ul tl-at ~~~~rl:man~hip ~~f the lima ~~ualit~,~ i; !~, h~~ u~c~l. t!nlc» ~,th~•r~~ i~;~ ~;~ccilic~l. the C~~rtracl~~r shall furnish ,ill lah~,r. nr~tcrials. tvul. cyuipincnt anal inci~lcntal~ anal du all the wort: involved in ezccutin~, the contract. 2.1 I CONS~hRUC"PION EQUIPMENT The Contractor shall take all necessary precautions for sate operation of his equipment and the protection of the public ti~om injury and damage from such equipment. 2.12 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.13 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners bo 25C-236 affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.14 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notil=y the Contractor cause such action to be taken by the SAPRF work force. All costs of any such ~~etion shall be char~~cd a~~ainst the ConU-actor. or the SAPRF may deduct such cost from ;tfl~ J'.?l~ltlll( ~IUC 1~~ ~~C~Illl',1C~hl~ Irl~lll cii~ 1'Rf. All complaints shall bc; abated as soon as possible after notification, to the satisl~~ction of the City of Santa Ana and/or SAPRF. If airy complaint is not abated within a reasonable time, the SAPRF representative shall be notitied immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative ,the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.15 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 61 25C-237 EXHIBIT B MARIPOSA LANDSCAPE MAINTENANCE PROPOSAL DISTRICT 3 62 25C-238